States of Jersey Law 2005: delegation of functions – Transport and Technical Services – Drainage (Jersey) Law 2005.

STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – TRANSPORT AND

TECHNICAL SERVICES – DRAINAGE (JERSEY) LAW 2005

Presented to the States on 17th July 2012

by the Minister for Transport and Technical Services

STATES GREFFE

2012   Price code: B  R.91

REPORT

On  13th  July  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-2012-0053, available at www.gov.je).

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.

2. 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.
3. The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.
4. Where  any  licence,  permit  or  authorization  is granted  in  purported exercise  of  functions  delegated  under  paragraph (1),  no  criminal proceedings shall lie against any person for any act done, or omitted to be done, in good faith and in accordance with the terms of the licence, permit  or  authorization,  by  reason  that  the  functions  had  not  been delegated,  or  that  any  requirement  attached  to the  delegation  of  the functions had not been complied with.
5. In this Article –

"Minister" includes the Chief Minister;

"officer"  means  a  States'  employee  within  the  meaning  of  the Employment  of  States  of  Jersey  Employees  (Jersey)  Law 2005  and includes a member of the States of Jersey Police Force and an officer appointed  under  paragraph 1(1)  of  Part 1  of  Schedule 2  to  the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.

6. The States  may  by Regulations  amend  the  definition  "officer"  in paragraph (5)."

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 –

 ------------------------------------------------------------------------------------------------------------  The Minister for Transport and Technical Services has approved the delegation of certain matters from the Minister to Officers in the Department, in order to allow the efficient and effective administration of the Laws for which Transport and Technical Services is responsible. This is in addition to the previous Ministerial Decision of 20th January 2012 (MD-T-2012-0006) whereby the majority of delegated authorities were already approved; and results from an operational restructure with regard to Leading Technician CCTV and Technician – Drainage Works Blockages, to whom additional delegations are required to be made.

The attached tables show delegations under the Drainage (Jersey) Law 2005, and the highlighted details of what is required to be delegated to the Leading Technician CCTV and Technician – Drainage Works Blockages.

DRAINAGE (JERSEY) LAW 2005 SCHEDULE OF AUTHORISED PERSONS