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States of Jersey Law 2005: delegation of functions – Transport and Technical Services – revised delegations January 2012.

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STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – TRANSPORT AND TECHNICAL SERVICES – REVISED DELEGATIONS JANUARY 2012

Presented to the States on 26th January 2012

by the Minister for Transport and Technical Services

STATES GREFFE

2012   Price code: C  R.8

REPORT

On 24th January 2012, the Minister for Transport and Technical Services made a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-T-2012-0006, available at www.gov.je).

The terms of the delegations, and the legislation under which those delegations were made,  were  recorded in  a  Report  attached  to the Ministerial  Decision,  as  shown below –

------------------------------------------------------------------------------------------------------------ Introduction

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an officer.

The Law states, inter alia

"28  Power of Minister to delegate functions

  1. A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to
  1. one of his or her Assistant Ministers;
  2. an officer.
  1. A Minister shall not delegate –
    1. any power to make an enactment;
    2. any power to decide an appeal under an enactment;
    3. any function the delegation of which is prohibited by an enactment.
  2. The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally."

Background

To allow the efficient and effective administration of the legislation for which the Minister for Transport and Technical Services is responsible, certain matters can be delegated to named officials. The attached list details each of these delegations, the relevant  legislation,  details  of  what  is  being  delegated,  and  the  officers  who  are delegated to make these decisions.

Main Content/Subject matter

In any event whereby an individual is in an "acting role" for any period of time, that individual is to acquire the delegated functions of the role into which they are acting up as set out in this report.

Driver and Vehicle Standards

 

Legislation:

Motor  Vehicles  (Driving  Licences)  (Jersey)  Order  2003, Article 13(1).

Delegate:

Inspector of Motor Traffic Deputy Inspector of Motor Traffic

Function delegated:

Approve  arrangements  and  instructors  to  carry  out Compulsory Basic Training (CBT).

Scope of delegation:

The Minister is responsible for holding or arranging courses and  approving  instructors  conducting  such  courses  that provide basic training and test competence to ride a moped or light motorcycle on the road with a provisional licence.

 

Legislation:

Road Traffic (Jersey) Law 1956, Article 6(1), (3), (4), (5)

Delegate:

Inspector of Motor Traffic Deputy Inspector of Motor Traffic

Function delegated:

All matters associated with maintaining a register of driving instructors.

Scope of delegation:

The Minister is required to maintain a register of driving instructors, adding instructors to and removing them from the register.

The  Minister  would  be  notified  of  any  person  whose application to be on the register has been refused or who has been removed from the register.

 

Legislation:

Road Traffic (Jersey) Law 1956, Article 8(6) and

Motor  Cars  (Driving  Instruction)  (Jersey)  Order  1982, Article 1

Delegate:

Inspector of Motor Traffic Deputy Inspector of Motor Traffic

Function delegated:

Appointment  of  examiners  to  conduct  examinations  and tests.

Scope of delegation:

The Minister  (as  the  "licensing  authority"  in the case  of granting  driving  licences)  is  responsible  for  appointing persons to conduct examinations and tests for the purposes of testing competence to drive, and for entering a person's name in the register of driving instructors.

 

 

These persons are invariably officers in the Department, but there  may  be  occasions  when  it  would  be  desirable  to appoint  suitably  qualified  persons  who  are  not  from  the Department,  e.g.  when  an  examiner  is  on  long-term  sick leave.

 

Legislation:

Motor  Cars  (Driving  Instruction)  (Jersey)  Order  1982, Article 3(1), (4)

Delegate:

Inspector of Motor Traffic Deputy Inspector of Motor Traffic

Function delegated:

Determining  particulars  to  be  supplied  by  candidates  for examination and testing to become driving instructors.

Determining  the  form  of  examination  and  tests  to  be undertaken  by  candidates  wishing  to  become  driving instructors.

Scope of delegation:

The Minister is responsible for determining particulars to be supplied by those wishing to become driving instructors and for  determining  the  form  of  examination  and  tests  that candidates  should  undertake  successfully  to  become  a driving instructor.

 

Legislation:

Road Traffic (Jersey) Law 1956, Article 78(3)

Delegate:

Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer

Function delegated:

Manner of application for licences for vehicles exempting them from complying with the requirements of the Motor Vehicles  (Construction  and  Use)  (Jersey)  Order  1998 – P30 applications.

Scope of delegation:

The Minister is responsible for determining how applications should be made to exempt vehicles from the requirements of Construction  and  Use  legislation.  Invariably  (but  not exclusively) these tend to be applications for vehicles wider than the normal permitted width to circulate in the Island. Granting approval is the responsibility of the Inspector of Motor Traffic.

 

Legislation:

Motor  Vehicles  (Construction  and  Use)  (Jersey)  Order 1998, Article 118(2)

Delegate:

Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer

Function delegated:

Specifying form of defect notice.

Scope of delegation:

A defect notice should state what provision of the Order is contravened, require the owner to remedy the defect and present the vehicle for examination at a date, time and place so that it can be verified that the defect has been rectified or a notice may be issued for the purpose of carrying out a more thorough examination of the vehicle for other defects.

 

Legislation:

Motor  Vehicles  (Construction  and  Use)  (Jersey)  Order 1998, Article 119(1)

Delegate:

Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer

Function delegated:

Designating place to impound vehicles for further testing.

Scope of delegation:

If any vehicle is impounded at a road check it should be towed by the owner to a place for examination, a garage for repairs  or  to  be  scrapped.  The  DVS  test  station  at La Collette is specified in the Order for further testing, but it can be such other place as the Minister may designate. There are times when it may be more appropriate to have the vehicle taken to another place for further tests.

 

Legislation:

Motor Traffic (Jersey) Law 1935, Article 9(1), (2), (3)

Delegate:

Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer

Function delegated:

Granting public service licences and the conditions attached thereto.

Scope of delegation:

Issuing psv licences (plates) for omnibuses, char-a-bancs and taxicabs.

Subject  to  the  Minister  approving  policies  for  granting licences, approving standard conditions of licence.

 

 

Those recommended for refusal of a licence or who appeal against a condition will be notified to the Minister.

 

Legislation:

Motor Traffic (Jersey) Law 1935, Article 10(1)

Delegate:

Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer

Function delegated:

Suspending public service vehicle licences.

Scope of delegation:

Suspending  a  public  service  vehicle  licence  where  the conduct of the licence-holder in operating the service, or non-compliance with conditions of licence, warrants it.

The licence-holder can appeal to the Minister.

 

Legislation:

Motor Traffic (Jersey) Law 1935, Article 30(1)

Delegate:

Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer

Function delegated:

Suspending public service vehicle badges.

Scope of delegation:

Suspending  a  public  service  vehicle  badge  where  the conduct or health of the badge-holder warrants it.

The badge-holder can appeal to the Minister.

 

Legislation:

Motor Traffic Third Party Insurance) (Jersey) Law 1948, Article 4

Delegate:

Inspector of Motor Traffic Deputy Inspector of Motor Traffic

Function delegated:

Approving authorised insurers

Scope of delegation:

All providers of insurance in Jersey are licensed by the Jersey Financial Services Commission (JFSC). However, providers  of  motor  insurance  must  be  approved  by  the Minister.

Subject  to  insurers  meeting  the  criteria  set  out  in Article 4(2) of the Law and the application from the insurer

 

 

being  supported  by  the  JFSC,  approving  authorized insurers.

Where  the  application  does  not  comply  fully  with  the criteria or refusal to authorise is considered, the application will be presented to the Minister for decision.

Finance

 

Legislation:

Public Finances (Jersey) Law 2005

Delegate:

Chief Officer Finance Director

Function delegated:

Compliance  of  all  Finance  Directions  issued  under Article 34 of the Public Finances (Jersey) Law 2005 where they relate to the finances or operations of the Department.

Scope of delegation:

To enable compliance with all Finance Directions and to ensure specific requirements contained within each of the Financial Directions are delegated to the Chief Officer and or Finance Director.

 

Legislation:

Public Finances (Jersey) Law 2005

Delegate:

Chief Officer Finance Director Finance Officer

Function delegated:

Write off bad debts –

  • Chief Officer/Finance Director for an individual value of less than £25,000 and a combined annual total of less than £200,000.
  • Finance Officer for any individual value of less than £50.

Scope of delegation:

Subject  to  them  being  reported  to  the  Minister  on  a quarterly basis with an explanatory report.

 

Legislation:

Public Finances (Jersey) Law 2005

Delegate:

Chief Officer Finance Director

Function delegated:

Approve  the  Department's  authorised  signature  schedule and  approved  expenditure  limits  conditional  upon  them being within pre-authorised limits.

 

Legislation:

Public Finances (Jersey) Law 2005

Delegate:

Chief Officer

Director of Operational Services

Director of Engineering and Infrastructure Director of Transport

Function delegated:

Accept tenders not exceeding £200,000.

Scope of delegation:

By formal contract documentation.

 

Legislation:

Public Finances (Jersey) Law 2005

Delegate:

Chief Officer

Director of Operational Services

Director of Engineering and Infrastructure Director of Transport

Finance Director

Director of Waste Strategy.

Function delegated:

Responsibility  for  signing  formal  engineering  contracts, forms of engagement and formal contract signing up to their allocated financial authorisations.

Scope of delegation:

As part of the Departmental quarterly reporting mechanism, the Minister will receive a report showing the number of contracts, their form and contract value.

 

Legislation:

Public Finances (Jersey) Law 2005

Delegate:

Chief Officer

Director of Operational Services

Director of Engineering and Infrastructure Director of Transport

Function delegated:

Appoint consultants for construction and engineering works.

Scope of delegation:

Where the TTS is Client.

 

Legislation:

Public Finances (Jersey) Law 2005

Delegate:

Chief Officer

Function delegated:

Delegation of the authorisation of non-contentious budget transfers to the Chief Officer up to the value of £200,000 in accordance with Article 28 of the Public Finances (Jersey) Law 2005.

Scope of delegation:

This  allows  the  approval  of  non-contentious  budget transfers  up  to  a  specific  value,  avoiding  an  undue administrative burden on the Minister.

Transport and Highways

 

Legislation:

Highways (Jersey) Law 1956

Delegate:

Chief Officer

Director of Engineering and Infrastructure

Manager – Highways and Infrastructure Maintenance Manager – Traffic and Street-works

Director of Transport

Manager – Transport Policy

Function delegated:

Issuing licences under Highways Law.

Scope of delegation:

TTS as highway authority for main roads has powers to issue licences for things to be placed over, on or below main roads.

 

Legislation:

Road Traffic (Jersey) Law 1956

Delegate:

Chief Officer

Director of Engineering and Infrastructure

Manager – Highways and Infrastructure Maintenance Manager – Traffic and Street-works

Director of Transport

Manager – Transport Policy

Function delegated:

Traffic Signs.

Scope of delegation:

Road  Traffic  Law  permits  TTS  to  erect  signs  (in  some circumstances TTS is obliged to erect signs, e.g. Regulatory signs such as speed limits, no entry, etc.).

 

Legislation:

Road Traffic (Jersey) Law 1956

Delegate:

Chief Officer

Director of Engineering and Infrastructure Manager – Traffic and Street-works Director of Transport

Manager – Transport Policy

Function delegated:

Temporary changes to Traffic Orders.

Scope of delegation:

Temporary  changes  can  be  made  to  Parish  Orders for a period up to 12 months, are approved by the Connétable and Roads Committee and are not contentious.

 

Legislation:

Road Traffic (Jersey) Law 1956

Delegate:

Chief Officer

Director of Engineering and Infrastructure Director of Transport

Manager – Transport Policy

Function delegated:

Speed  limits –  applications  from  all  quarters,  including parishes and States members as well as public.

Scope of delegation:

Officer  to  apply  States  approved  policy  and  notified  to Minister for approval on a quarterly basis.

 

Legislation:

Road Traffic (Speed Limits) (Jersey) Order 2003

Delegate:

Chief Officer

Director of Engineering and Infrastructure

Manager – Highways and Infrastructure Maintenance Manager – Traffic and Street-works

Director of Transport

Manager – Transport Policy

Function delegated:

Approving temporary speed limits at road-works.

Scope of delegation:

The Minister for TTS has powers to introduce mandatory temporary speed limits at road-works. Officers may approve requests  from  road-works  operators  for  temporary  speed limits following consultation with the relevant Connétable .

 

Legislation:

Highways Road Humps (Jersey) Regulations 2002

Delegate:

Chief Officer

Director of Transport Manager – Transport Policy

Function delegated:

Requests for road humps on Parish by-roads.

Scope of delegation:

The   Connétable  of  a  Parish  is  required  to  consult  the Minister for TTS before installing road humps on a by-road. Officers will advise the Connétable on good practice, legal requirements and consultation with emergency services.

 

Legislation:

Motor Traffic (Jersey) Law 1935

Delegate:

Chief Officer

Director of Engineering and Infrastructure Manager – Traffic and Street-works Director of Transport

Manager – Transport Policy

Function delegated:

Install, remove or move Bus-stops.

Scope of delegation:

Bus-stops also require approval of the Connétable of the relevant Parish if on a by-road. Non-contentious measures only.

 

Legislation:

Customary Law (Choses Publiques) (Jersey) Law 1993

Delegate:

Chief Officer

Director of Engineering and Infrastructure Director of Transport

Manager – Transport Policy

Function delegated:

Approve applications for "al fresco" areas.

Scope of delegation:

Approve  non-contentious  requests  and  inform  the Connétable of the Parish who issues a permit if approved by the Parish.

 

Legislation:

Planning and Building (Jersey) Law 2002

Delegate:

Chief Officer

Director – Engineering and Infrastructure Manager – Traffic and Street-works Director – Transport

Manager – Transport Policy

Function delegated:

Planning Applications – comments.

The applications lists issued by the Planning Department are inspected.

The Planning Department issues copies of all applications for  sites  bordering  main  roads  to  the  Transport  and Technical  Services  Department  (TTSD)  for  comment  in respect of Article 14 of the Planning and Building (Jersey) Law  2002  (formerly  Article 6(6)  of  the  Island  Planning (Jersey) Law 1964). Comment is requested to be returned within 14 days.

In addition, officers from TTSD will request applications that  while  not  bordering  a  main  road  might  generate significant traffic that will have an impact on main roads.

The  Manager –  Traffic  and  Street-works  inspects  each planning application and will visit each site.

The  Manager –  Traffic  and  Street-works  will  submit comments on the application on the adequacy of visibility, access, servicing and turning facilities. If the development site is subject to any of the Department's widening lines or policies for provision of footways, this will be highlighted and taken into account when making comment.

The Manager – Traffic and Street-works will discuss the comments  with  the  Manager –  Transport  Policy,  in particular, any recommendation to reject the application or stipulation that highway measures are required, for example, provision of a public footway, or where an application may conflict  with  the  Department's  policy  on  sustainable development.

The Manager – Transport Policy or the Manager – Traffic and Street-works will approve the comments, amend the comments or request further investigation.

The comments are forwarded to the Planning Department normally within the requested timeframe.

The comments are submitted to the Minister for noting.

 

 

In cases where a development will have a very significant impact on the Minister's policy areas, e.g. provision of a major retail outlet, a report will normally be submitted to the Minister for sanctioning.

Scope of delegation:

Provision of Highway and Drainage observations and the comments on Planning Applications. These will be reported to the Minister for noting.

Parking

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006 Policing of Parks (Jersey) Regulations 2005

Delegate:

Chief Officer

Director of Operational Services Director of Transport

Manager – Parking Control

Function delegated:

Carrying on a trade or business in a parking or public place.

Scope of delegation:

Where  non-contentious,  e.g.  selling  JEPs,  ice-cream concessions, etc.

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006 Policing of Parks (Jersey) Regulations 2005

Delegate:

Chief Officer

Director of Transport

Manager – Parking Control Director of Operational Services Manager – Parks and Gardens

Function delegated:

Charity collections in parking or public places.

Scope of delegation:

Where non-contentious, e.g. poppy appeal, etc.

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006 Policing of Parks (Jersey) Regulations 2005

Delegate:

Chief Officer

Director of Engineering and Infrastructure

Manager – Highways and Infrastructure Maintenance

 

 

Manager – Traffic and Street-works Director of Transport

Manager – Parking Control Director of Operational Services Manager – Parks and gardens

Function delegated:

Approval of requests for use of land administered by TTS for events, e.g., Victoria Avenue car parks, other car parks, etc.

Scope of delegation:

Where non-contentious and often annual; reported to the Minister for noting on a quarterly basis.

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006

Delegate:

Chief Officer

Director of Transport Manager – Parking Control

Function delegated:

Indicate  the  speed  and  route  to  be  taken  and  other restrictions to be observed by a person driving a vehicle in a parking place or by pedestrians.

Scope of delegation:

Directional signs within car parks.

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006

Delegate:

Chief Officer

Director of Transport Manager – Parking Control

Function delegated:

Restrict the size or mass of vehicles that may use the whole or any part of the parking place.

Scope of delegation:

Restriction on Commercial and/or agricultural vehicles in certain parking places.

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006

Delegate:

Chief Officer

Director of Transport Manager – Parking Control

Function delegated:

Close for any period and for any purpose the whole or any part of the parking place.

 

Scope of delegation:

For events, maintenance works, setting aside an area for utility companies to lease as compounds whilst working in the area, etc., when non-contentious.

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006

Delegate:

Chief Officer

Director of Transport Manager – Parking Control

Function delegated:

Set aside permanently or for any period the whole or any part  of  the  parking  place  for  parking  vehicles  of a  type specified in the notice.

Scope of delegation:

Changing of parking space layouts within car parks to move commercial vehicle spaces, motorcycle parking, etc., when non-contentious.

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006

Delegate:

Chief Officer

Director of Transport Manager – Parking Control

Function delegated:

Set aside permanently or for any period the whole or any part of the parking place for parking vehicles on which a valid permit is displayed.

Scope of delegation:

Moving of permit-holder areas within the parking area such as Disabled Bays, States Members Parking, etc., when non- contentious.

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006

Delegate:

Chief Officer

Director of Transport Manager – Parking Control

Function delegated:

Give approval for a boat, trailer or thing to be parked or placed in a parking place.

Scope of delegation:

When non-contentious.

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006

Delegate:

Chief Officer

Director of Transport Manager – Parking Control

Function delegated:

Give permission for advertising material to be placed in a parking place.

Scope of delegation:

When non-contentious.

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006

Delegate:

Chief Officer

Director of Transport Manager – Parking Control

Function delegated:

Use a vehicle in connection with a trade or business while it is parked in a parking space.

Scope of delegation:

When non-contentious.

 

Legislation:

Road Traffic (Public Parking Places) (Jersey) Order 2006

Delegate:

Chief Officer

Director of Transport Manager – Parking Control

Function delegated:

Allow the consumption of alcohol in a parking place.

Scope of delegation:

Allow alcohol to be consumed in a public car park as part of an event such as a Fete in a car park, when non-contentious.

Drainage

 

Legislation:

Drainage (Jersey) Law 2005 – Article 8

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager

Function delegated:

Sewers and drains to the sea.

Scope of delegation:

Restricts discharge to sea shore without consent.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 12

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager

Function delegated:

Adoption of other sewerage facilities.

Scope of delegation:

Power to adopt sewerage facilities as public.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 13

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager

Function delegated:

Separation of foul and surface water sewers.

Scope of delegation:

Power to reserve sewer for foul or surface water only.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 14

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager

Function delegated:

Obligation to connect to public sewer.

Scope of delegation:

Power to require property-owner to connect to the sewer.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 15

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste

Senior Engineer, Drainage Design Records Manager

Senior Engineer – Contracts Management

 

 

Assistant Manager Drainage

Assistant Manager Drainage Maintenance Leading Charge-hand Drainage Investigations Charge-hand Drainage Survey

Manager – Waste Compliance

Function delegated:

Repair of sewers and drains by owners.

Scope of delegation:

Power  to  examine  sewer  or  drain  and  require  property- owner to repair.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 16

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste

Senior Engineer, Drainage Design Records Manager

Senior Engineer – Contracts Management Assistant Manager Drainage

Assistant Manager Drainage Maintenance Manager – Waste Compliance

Function delegated:

Restricted discharges into sewers and drains.

Scope of delegation:

Restricts surface water from being discharged to foul sewers without consent.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 17

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste

Senior Engineer, Drainage Design Records Manager

Senior Engineer – Contracts Management

Function delegated:

Disturbance of public sewers.

Scope of delegation:

Restricts building close to sewer, or connecting to sewer, without consent.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 18

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager

Function delegated:

Septic tanks.

Scope of delegation:

Restricts use of septic tanks where property is connected to sewer.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 19

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager

Function delegated:

Abandonment of public sewerage facilities.

Scope of delegation:

Power to discontinue or prohibit use of public sewer.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 22

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste Manager – Liquid Waste Treatment Manager – Waste Compliance

Function delegated:

Trade effluent discharge consents.

Scope of delegation:

Power to issue discharge consents.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 23

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager

Manager – Liquid Waste Treatment

 

 

Senior Engineer – Contracts Management Manager – Waste Compliance

Function delegated:

Production of plans and furnishing of information.

Scope of delegation:

Requirement on owner to provide information on discharge.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 24

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste Manager – Liquid Waste Treatment Manager – Waste Compliance

Function delegated:

Variation, suspension and revocation.

Scope of delegation:

Power to amend trade discharge consent.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 25

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste Manager – Liquid Waste Treatment Manager – Waste Compliance

Function delegated:

Transfers.

Scope of delegation:

Power to transfer trade discharge consent to new holder.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 26

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste Manager – Liquid Waste Treatment Manager – Waste Compliance

Function delegated:

Information about harmful effluent.

Scope of delegation:

Power  to  request  information  about  nature  of  trade discharge.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 27

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste

Senior Engineer, Drainage Design Manager – Liquid Waste Treatment Senior Engineer – Contracts Management Manager – Waste Compliance

Function delegated:

Control of harmful effluent.

Scope of delegation:

Power to require person to dispose of harmful trade effluent.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 30

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste

Senior Engineer, Drainage Design Records Manager

Senior Engineer – Contracts Management

Function delegated:

Alteration of designated flood defences.

Scope of delegation:

Restricts alterations without consent.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 31

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste

Senior Engineer, Drainage Design Records Manager

Senior Engineer – Contracts Management Assistant Manager Drainage

Assistant Manager Drainage Maintenance

Function delegated:

Repair of other flood defences.

Scope of delegation:

Power to require work to be undertaken by owner on flood defences.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 34

Delegate:

Chief Officer

Director of Operational Services

Principal Engineer, Liquid Waste

Senior Engineer, Drainage Design

Records Manager

Manager – Liquid Waste Treatment

Senior Engineer – Contracts Management Assistant Manager Drainage

Assistant Manager Drainage Maintenance Leading Charge-hand Drainage Investigations Charge-hand Drainage Survey

Senior Surveyor

Surveyor

Departmental Duty Officers

Manager – Waste Compliance

Function delegated:

Exercise of ancillary powers.

Scope of delegation:

Powers of entry for inspection, survey purposes, etc.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 35

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste

Senior Engineer, Drainage Design Records Manager

Manager – Liquid Waste Treatment Senior Engineer – Contracts Management

Function delegated:

Remedial action by person causing damage.

Scope of delegation:

Power to require owner to correct damage.

 

Legislation:

Drainage (Jersey) Law 2005 – Article 37

Delegate:

Chief Officer

Director of Operational Services Principal Engineer, Liquid Waste

Senior Engineer, Drainage Design Records Manager

Manager – Liquid Waste Treatment Senior Engineer – Contracts Management

Function delegated:

Remedial action by Minister.

Scope of delegation:

Power for TTSD to correct damage at owner's cost.

 

Legislation:

Planning and Building (Jersey) Law 2002

Delegate:

Chief Officer

Director – Waste Management Principal Engineer – Drainage Senior Engineer – Drainage Records Manager

Function delegated:

Planning Applications – comments.

The applications lists issued by the Planning Department are inspected.

The Planning Department issues copies of all applications to the Transport and Technical Services Department (TTSD) for comment in respect of Article 16 of the Planning and Building (Jersey) Law 2002 (formerly Article 6(7) of the Island Planning (Jersey) Law 1964). Comment is requested to be returned within 14 days.

The Records Manager inspects each planning application and will visit site where necessary.

The  Records  Manager  will  submit  comment  on  the application on the adequacy of drainage provision for the development  and  proposals  for  connecting  to  the  mains drainage system. If the development site is subject to any of the Minister's policies for provision of drainage, this will be highlighted and taken into account when making comment. The  Records  Manager  consults  the  Senior  Engineer (Drainage) prior to submitting his comments.

The comments are forwarded to the Planning Department normally within the requested timeframe.

The comments are submitted to the Minister.

In cases where a development will have a very significant impact on the Minister's policy areas, e.g. provision of a major retail outlet, a report will normally be submitted to the Minister for sanctioning.

Scope of delegation:

Provision of Highway and Drainage observations and the comments on Planning Applications. These will be reported to the Minister for noting.