States of Jersey Law 2005: delegation of functions – Health and Social Services – revised delegations October 2013

Legislation:

Food Safety (Jersey) Law 1966

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 11(1), (2) and (3) – to determine whether oysters may be landed in the Island without danger to the public health; and to decide whether any oysters landed are unfit for human consumption.

Scope of delegation:

1. to authorise  the  landing  of  oysters,  according  to paragraph (1) – i.e. provided that they do not constitute a danger to the public health;

2. to require  the  confiscation  or  destruction  of  oysters according to the provisions of paragraph (2);

3. to direct that oysters be confiscated or otherwise dealt with according to the provisions of paragraph (3).

Legislation:

Food Safety (Jersey) Law 1966

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 51 – to determine according to the Article whether –

1. an  offence  appears  to have  been  committed  under  the Law;

2. a person might reasonably establish a defence that the contravention was due to the act or default of another person.

Scope of delegation:

To recommend proceedings are taken against the person who is considered  to  have committed  the offence,  according  to Article 51(3).

Legislation:

Food Safety (Jersey) Law 1966

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 59 –  to  obtain  information  as  to  the  ownership  of premises to enable the Minister to perform any of its functions under the Law.

Scope of delegation:

To require the occupier of any premises, and any person who either directly or indirectly receives rent in respect of any premises, to state in writing the nature of his own interest in those premises and the name and address of any other person known to him as having an interest in those premises.

Legislation:

Food Safety (Miscellaneous Provisions) (Jersey) Law 2000

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 2 –  to  investigate  a  complaint,  or  detect,  where  no complaint  has  been  made,  that  a  health  risk  condition  is fulfilled with respect to any food business.

Article 3(1), (2), (3), (10) and (11) – to serve an emergency prohibition notice on the proprietor of the business, to make application to the Royal Court for an emergency Prohibition Order, having first notified the proprietor of the business, to issue a Certificate to the effect that sufficient measures have been taken to secure that the health risk condition is no longer fulfilled, and to provide reasons for any decision not to issue such Certificate.

Scope of delegation:

To investigate a complaint that the health risk condition is fulfilled with respect to any food business.

To cause inspections to be made to detect whether the health risk condition is fulfilled in respect of a food business where no complaint has been made.

To consider whether the health risk condition is fulfilled with respect  to  any  food  business  and,  if  so  satisfied,  by  an emergency prohibition notice served on the proprietor of the business, impose the appropriate prohibition.

To make an application to the Royal Court for an emergency Prohibition Order and to notify the proprietor of the business of the intention to apply for the Order.

To issue a Certificate, on application by the proprietor of a food business, to the effect that the Minister is satisfied that the proprietor has taken sufficient measures to secure that the risk  condition  is  no  longer  fulfilled  with  respect  to  the business; or

If he determines that the Minister is not so satisfied, to give notice to the proprietor of the reasons for that determination.

Legislation:

Food Hygiene (General Provisions) (Jersey) Order 1967

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 31(1) – to determine whether meat imported into the Island is in closed containers of an approved type.

Article 31(2) –  to  determine  whether  meat  imported  in contravention of Article 31(1) shall be permitted to remain in the Island.

Article 31(3) –  to  determine  whether  the  place  where imported meat is to be conveyed is approved.

Scope of delegation:

1. Approval  of  closed  containers  for  the  purpose  of importing  meat  into  the  Island  by  ship  according  to Article 31(1).

2. To permit meat which has been imported in contravention of Article 31(1) to remain in the Island.

3. Approval of the places to which meat imported into the Island  (in  accordance  with  Article 31(1))  may  be conveyed in unopened containers.

Authority is reserved to the Minister as follows – that she may direct  (under  Article 31(2)),  that  meat  imported  in contravention of Article 31(1) shall be re-exported by and at the expense of the importer.

Legislation:

Food Hygiene (General Provisions) (Jersey) Order 1967

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 33(2) and (3) – to determine in –

1. relation to any food premises or stall situated in a market, whether  facilities  required  under  the  provisions  of Articles 17, 18, 19 or 21 of the Order are made available by  the  authority  responsible  for  administration  of  the market;

2. respect of any food premises, stall or vehicle, whether by reason  of  restricted  accommodation  or  other  special circumstances  it  is  reasonable  to grant  exemption  in regard to certain requirements.

Scope of delegation:

To grant a certificate of exemption according to the provisions of Article 33(2) or (3).

Authority is reserved to the Minister in respect of refusal of exemption, specification of a time period or withdrawal of exemption.

Legislation:

Milk and Dairies (General Provisions) (Jersey) Order 1992

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 3 – to keep a register of –

1. persons carrying on the trade of processing dairyman; and
2. premises which are used as processing dairies,

and shall remove from such register the name of any person who ceases so to trade and the address of any premises which cease to be so used.

Article 4 –  to  determine  whether  it  may  be  necessary  and proper for the purposes of the Food Safety (Jersey) Law 1966 and the above Order to cause inspections to be made of dairies and dairy farms, or persons in and about such places.

Legislation:

Health Care (Registration) (Jersey) Law 1995

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 3 – to approve registration of persons in registrable occupations.

Article 5(2) – if the application for annual registration is not made in the month of December, the name of the registered person be removed from the register.

Article 6(1) –  to  attach  conditions  to  the  registration  and renewal of registration of any person.

Article 6(2) – where an application for registration is granted subject to conditions, furnish the applicant with a statement in writing of the Minister's reasons for so doing.

Article 9(1) –  to  amend  the  register  if  any  particulars appearing in the register in respect of the name, qualifications or address of a person are proved to be, or are to the knowledge ... erroneous in any respect.

Scope of delegation:

To approve registrations if the applicant meets the conditions specified in Article 3(1)(a), (b), (c) or (d) of the Law.

To  remove  registrations  if  the  applicant  fails  to  meet  the requirement specified in Article 5(2).

To amend the register under Article 9(1).

Legislation:

Statutory Nuisances (Jersey) Law 1999

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 4(1) – to take such steps as are reasonably practical to investigate a complaint of a statutory nuisance.

Article 4(2) – to cause inspections to be made to detect the presence or existence of a statutory nuisance in respect of which no complaint has been made.

Article 5(1):

– to determine whether or not a statutory nuisance exists, or is likely to occur or recur;

– and where a statutory nuisance exists, or is likely to occur or recur, to determine the requirements of the abatement notice that must be served. The requirements may extend to the abatement of the nuisance, or prohibit or restrict the occurrence or recurrence, and the execution of such works and the taking of such other steps as may be necessary for any of those purposes. The requirements should also take into account whether or not the relevant circumstances described in Article 5(8) apply and, if so, whether a valid defence  might  be  claimed  that  best  practicable  means were  used  to  prevent  or  counteract  the  effects  of  the nuisance  (Article 5(7)).  Where  reasonable  alternative requirements are proposed (see Schedule 3), these may be accepted and the requirements of the notice may be varied or amended accordingly.

Article 5(4) – to decide whether or not to initiate proceedings for an offence under Article 5(4).

Article 6(2)(b) –  to  determine  that  Article 6(2)(b)  should apply, in which case an abatement notice shall be served by fixing  the  notice  to  the  relevant  vehicle,  machinery  or equipment.

Article 7(4) –  where  an  abatement  notice  has  not  been complied with, whether or not proceedings are taken for an offence under Article 5(4), to decide whether or not to abate the  nuisance  and  do  whatever  may  be  necessary  in  the execution of the notice (subject to the limitation described below).

Article 11(5) – before a vehicle, machinery or equipment is entered, opened or removed under Article 11(1), to notify a police officer of its removal and current location.

Article 11(6) – after a vehicle, machinery or equipment has been removed under Article 11(1) or (3), to notify a police officer of its removal and current location.

Paragraph 10  of  the  Schedule  to  the  Law –  to  determine whether  the  conditions  described  in  paragraph 10  of  the Schedule are fulfilled.

Scope of delegation:

The delegation of functions does not extend to the following matters that are reserved to the Minister:

Article 7(4) – a decision to abate a nuisance or do whatever may be necessary in the execution of the notice, where this may  have  significant  resource  consequences  or  other implications of a sensitive or contentious nature.

Article 7(5) – to decide whether or not to seek the recovery as a  civil  debt  of  any  expenses  reasonably  incurred  under Article 7(4).

Article 7(6) – to determine whether or not the circumstances described in this paragraph apply (i.e. an adequate remedy') and to initiate proceedings in the Court for the purpose of securing  the  abatement,  prohibition  or  restriction  of  a nuisance.

Legislation:

Piercing and Tattooing (Jersey) Law 2002

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 2(1) –  the  registration  of  persons  and  premises  in connection  with  the  administration  of  any  treatment  in accordance with the Law.

Article 2(2) – the prior approval to occasionally administer treatment elsewhere than from the registered premises.

Article 3(a), (b) and (c) – to prescribe the form of application, categories of treatment in respect of which an application is made and the particulars which the application contains.

Article 4 – to determine whether or not a person and premises fulfils the requirements under the Law. To impose conditions on the registration of persons or premises and to maintain the register of persons and premises under the Law. To receive notification  of  any  changes  of  particulars  for  persons  or premises registered.

Article 7 – the Environmental Health Officers are authorised as designated officers for the purposes of the Law.

Article 11 –  the  proposal  to  grant  registration  subject  to conditions, to notify the person concerned of the intention to do so and the reasons therefore.

Scope of delegation:

The delegation of functions does not extend to the following matters that are reserved for the Minister –

Article 3(d) – the decision to set a fee for registration and the scale of the fee.

Article 4(2) – the decision to refuse to register or renew the registration of a person or premises.

Article 10 – the revocation of a registration for a person and where  that  person  is  the  only  registered  person  at  that premises, to revoke also the registration in respect of those premises.

Article 11 – where there is a proposal to refuse registration under  Article 4  or  revoke  registration  under  Article 10,  to notify the person concerned of the intention to do so and the reasons therefore.

Legislation:

Nursing Agencies (Jersey) Law 1978

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 2(2) – to grant or renew licences only, according to the provisions of the Law.

Scope of delegation:

Delegated  functions  do  not  include  authority  to  attach conditions  to  the  grant  of  a  licence  under  Article 2(2);  to refuse or revoke a licence under Article 2(4); or to hear an appeal under Article 2(5).

Legislation:

Nursing and Residential Homes (Jersey) Law 1994

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

1. To maintain a register for each class of home to which the 1994 Law applies, according to Article 4(1) of the 1994 Law.

2. To register a person in respect of a home to which the 1994 Law applies, according to Article 4(6).

3. To enter  the  particulars  specified  in  accordance  with Articles 4(7)(b) and (8)(b) of the 1994 Law.

4. To specify the conditions required under Article 6(1) of the 1994 Law.

5. To give notice in respect of an application for registration, under Articles 9(1) and 10(1) of the 1994 Law.

The delegate may, under Article 6(2), (2A) and (3) –

6. apply such conditions as he may consider appropriate for the purposes specified in Article 6(2) and 6(2A);

7. vary or remove any conditions for the time being in force in respect of a home by virtue of Article 6 of the Law; or

8. impose an additional condition,

either on the application of a person registered in respect of it or without such an application.

The delegate may, under Article 8(f) –

 cancel the registration of a person in respect of a home to which the Law applies at the request of that registered person.

Scope of delegation:

Delegated authority does not extend to:

 refusal  of  a  registration  (Article 7);  cancellation  of  a registration  (Article 8(1)(a),  (b),  (c),  (d)  or  (e),  or consideration  of  any  objections  or  representations according to Article 9(5) of the 1994 Law.

Legislation:

Nursing and Residential Homes (Jersey) Law 1994 Residential Homes (General Provisions) (Jersey) Order 1995 Article 20

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 20 – to determine, according to the Article, that the person registered has contravened or failed to comply with Articles 6, 10, 11, 13, 14, 15, 16 or 19 of the Order.

Scope of delegation:

To serve a Notice on the person registered specifying –

1. in what respect in its opinion the person registered has failed or is failing to comply with the requirements of that Article;

2. what action the person registered should take so as to comply with that Article;

3. the  period  not  exceeding  3 months,  within  which  the person should take action.

Legislation:

Nursing and Residential Homes (Jersey) Law 1994

Nursing  Homes  and  Mental  Nursing  Homes  (General Provisions) (Jersey) Order 1995

Article 16(3)(a)

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 16(1) and (2) – to determine according to the Article whether an offence against the Order appears to have been committed.

Scope of delegation:

To  serve  a  notice  in  writing  on  the  person  registered specifying –

1. the provision of the Order with which that person has failed or is failing to comply;

2. the respect in which that person has failed or is failing to comply with that provision;

3. the action which should be taken by that person so as to comply with that provision; and

4. the period within which such action should be taken.

Legislation:

Ancillary Dental Workers (Jersey) Regulations 1974

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Regulation 8 – to maintain a roll for each class of ancillary dental  worker,  including  the  information  specified  in  the Regulation.

Regulation 9 – to determine whether or not a person fulfils the requirements under the Regulation.

Scope of delegation:

To enrol an applicant in accordance with Regulation 9.

To retain a name on the roll in accordance with Regulation 10.

To  restore  a  name  to  the  roll  in  accordance  with Regulation 11.

Legislation:

Opticians (Registration) (Jersey) Law 1962

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 6 – to register companies under the Article.

Legislation:

Public Health (Vessels and Aircraft) (Jersey) Law 1950

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 3 – to enter any premises, vessel or aircraft for the purpose of executing, or superintending the execution of, any Orders made under this Law.

Legislation:

International Health Regulations (2005) [World Health Organisation]

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Annexe 7, paragraph 2(f)

To  register  General  Medical  Practices  to  operate  as  a designated Yellow Fever Vaccination Centre.

Legislation:

Misuse of Drugs (Jersey) Law 1978

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 15(1) and (2) – to require a practitioner, pharmacist or person conducting a pharmacy business to furnish information in regard to specified drugs and to serve a notice to that effect.

Scope of delegation:

The  information  required  should  extend  to  particulars specified under the provisions of Article 15(1) and (2) of the Law, including details of the prescription or supply of drugs, and details of the practitioners prescribing drugs.

Legislation:

Misuse of Drugs (Jersey) Law 1978 in conjunction with the Misuse of Drugs (Designation) (Jersey) Order 1989

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

To issue a licence under Article 12(4) of the Misuse of Drugs (Jersey)  Law  1978,  for  a  medical  practitioner  to  prescribe amphetamine to patients.

Scope of delegation:

The delegation applies only –

• in relation to a person for whom a licence has previously been issued by the Minister; and

• according to the same terms and in compliance with the same conditions as applied to the previous licence; and

• to permit issue of the licence for a period not exceeding 12 months.

Legislation:

Misuse of Drugs (Addicts) (Jersey) Order 1980

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 3 –  to  issue  a  licence  for  a  doctor  to  prescribe controlled drugs or substances as specified in that Order, to patients who have been statutorily notified under Article 2 of the same Order.

Scope of delegation:

The delegation applies only –

• in relation to a person for whom a licence has previously been issued by the Minister; and

• according to the same terms and in compliance with the same conditions as applied to the previous licence; and

• to permit issue of the licence for a period not exceeding 12 months.

Legislation:

Drainage (Jersey) Law 2005

Delegate:

Medical Officer of Health or, in her absence, her nominated deputy.

Function delegated:

Article 15(2) – to act as the point of consultation on behalf of the  Minister  for  Health  and  Social  Services  for  matters relating to the repair of sewers and drains, in the interests of public health.

Scope of delegation:

To  consult  with  the  Minister  for  Transport  and  Technical Services, or officers acting on the Minister's behalf, on work to be undertaken under Article 15(1) relating to the repair of sewers and drains.

Legislation:

Termination of Pregnancy (Jersey) Law 1997

Delegate:

Directorate  Manager,  Surgery  or,  in  his  absence,  his nominated deputy.

Function delegated:

Article 6(1)  and  (3) –  to  approve  and  maintain  a  list  of approved registered medical practitioners for the purposes of the Law.

Legislation:

Termination of Pregnancy (Jersey) Law 1997

Delegate:

Directorate  Manager,  Surgery  or,  in  his  absence,  his nominated deputy.

Function delegated:

Article 6(2)  and  (3) –  to  authorise  and  maintain  a  list  of approved registered medical practitioners who are authorised to carry out terminations of pregnancy in accordance with the Law.

Legislation:

Misuse of Drugs (Jersey) Law 1978

Delegate:

Chief Pharmacist or nominated deputy.

Function delegated:

Article 4(2)(b) –  to  issue  a  general  licence  to  permit  the importation or exportation of controlled drugs, as specified in the Second Schedule to the Law.

The delegate may attach any conditions he deems appropriate.

Scope of delegation:

Licences are to be issued only to registered pharmacies and the hospital pharmacy department.

Licences  may  be  issued  as  renewals  or  to  registered pharmacies which have not previously been licensed for this purpose.

The delegate may not refuse or revoke a licence, which should be considered by the Minister.

The  duration  of  any  licence  shall  not  exceed  a  period  of 3 years.

The delegate may not issue a licence to himself.

Legislation:

Misuse of Drugs (Jersey) Law 1978

Delegate:

Chief Pharmacist or nominated deputy.

Function delegated:

Article 4(2)(b) – to issue a licence to permit the importation or exportation of controlled drugs, as specified in the Second Schedule to the Law, to an individual in circumstances when the  quantities  to  be  imported  or  exported  exceed  those authorised by the provisions of the Open General Licence' for the time being approved by the Minister.

Scope of delegation:

Licences are to be issued only on the request of a prescribing doctor  (or  of  a  patient  with the legality  of importation  or exportation verified by the doctor).

Licences are to be issued to cover one importation and/or exportation only (i.e. one return journey).

Legislation:

Misuse of Drugs (Jersey) Law 1978

Delegate:

Chief Pharmacist or nominated deputy.

Function delegated:

Article 19(1) – to enter premises of a person carrying on a business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents  relating  to  dealings  in  any  such  drugs  and  to inspect any stocks of any such drugs.

Legislation:

Medicines (Jersey) Law 1995

Delegate:

Chief Pharmacist or nominated deputy.

Function delegated:

Articles 96  and  97 –  to  take  samples,  to  take  copies  of documents, and to seize substances or articles in accordance with  the  relevant  provisions  of  Articles 96(1) to (3)  and 97(1) to (8).

Legislation:

Poisons (Jersey) Law 1952

Delegate:

Chief Pharmacist or nominated deputy.

Function delegated:

Article 17(1) –  to  enter  any  registered  premises,  or  the premises on which any person whose name is entered in the list kept in pursuance of Article 11 carries on business, or any premises in which he or she has reasonable cause to suspect that a breach of the provisions of this Law or of any Order has been committed, and, in any such case, he or she shall have power to make such examination and enquiry and to do such other things (including the taking, on payment therefore, of samples) as may be necessary for ascertaining whether the provisions are being complied with.

Legislation:

Medicines (Health Professionals – Exemption) (Jersey) Order 2001

Delegate:

Chair of Health and Social Services Medicines Governance Committee.

Function delegated:

Article 1(2) –  to  give  a  direction  that  a  relevant  health professional authorised by the department to do so may sell, supply  or  administer  a  medicinal  product  other  than  in accordance with Articles 51, 52 and 57(2) of the Medicines (Jersey) Law 1995.

Scope of delegation:

A direction may only be given in respect of a relevant health professional  employed  by  the  Health  and  Social  Services Department.

The details of any direction must be approved by the Health and Social Services Medicines Governance Committee.

Legislation:

Medicines (Veterinary Drugs) (Jersey) Order 2011

Delegate:

States Veterinary Officer

Function delegated:

Article 1(1) –  to  issue  an  authorisation  which  permits  the importation of an unlicensed veterinary medicinal product.

The delegate may attach any of the conditions provided for by Article 1(3)  or  any  further  conditions  as  they  deem appropriate.

Scope of delegation:

An authorisation shall only be issued if it appears that there is an urgent need to administer a veterinary drug in the treatment of animals, and there is no suitable veterinary drug which has a product licence available.

The authorisation shall be in writing and shall specify the drug,  and  the  person  or  class  of  persons  to  which  the authorisation applies.

Legislation:

Children (Jersey) Law 2002

Delegate:

Service Director – Children's Service, or nominated deputy.

Function delegated:

Article 9(1)(b) – for an Officer to prepare a report for the court in Family proceedings.

Scope of delegation:

To delegate the preparation of a report by an Officer or such other person (other than a probation officer) as the Minister considers appropriate.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 10(4)(c) – to grant permission for certain people to apply for an Article 10 Order.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 11(3)(a) – Permission for a foster parent to apply for an Order under Article 10 of the Children (Jersey) Law 2002.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 17 –  to  provide  or  not  provide  accommodation  for children in accordance with the conditions of Article 17.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 18 – to provide accommodation for children kept away from home under Part 5 of this Law or who are subject to police protection.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 19 –  to  undertake  the  general  duties  in  relation  to children subject to the provisions of the Article.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 20(1) and (2) –  to  provide  accommodation  and maintenance  for  any  child  it  looks  after  and  make arrangements with respect to a child it is looking  after in accordance with the Article.

Article 20(4) – to arrange with the appropriate authority the care of that child not ordinarily resident.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 21(1) – to provide advice and guidance to anyone up to the age of 21 years if between the ages of 16–18 looked after by the Minister, accommodated by a voluntary agency, accommodated in a hospital or privately fostered.

Article 21(4) and (5) – to give assistance such as a grant or contribution to expenses of any child it looked after' up to the age of 21 or beyond, if the child reaches the age of 21 prior to the completion of the course.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 22(1) –  to  keep  looked  after'  children  in  secure accommodation subject to the provisions of the Article.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 24(1) – to apply to the Court for a Care or Supervision Order.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 26(1) – where a Care Order is in force to receive and keep in its care a child and have parental responsibility for that child; and to determine the extent to which a parent may meet their parental responsibility.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 27(1) and (2) –  to  allow  a  child  reasonable  contact with his parents or other people determined under this Article, whether or not this is ordered by the court.

Article 27(4) – to apply for a No Contact' Order to be made by the Court.

Scope of delegation:

Article 27(1) and (2) – to determine the amount of contact a child in care should have with his parents in line with good practice and Orders from the Court.

Article 27(4) – to apply to the Court for a No Contact' Order under the terms of this Article and the Children (Contact in Care) (Jersey) Regulations 2005.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 29(1) to (3) –  under  direction  from  the  Court  to undertake  an  investigation  of  a  child's  circumstances  and consider whether it should provide certain services. If a Care Order or Supervision Order is not applied for, to inform the court  of the services that  the  Children's  Service intend to make available.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 33(1) –  to  apply  to  the  Court  for  a  variation  or discharge of Supervision or Care Orders.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 36(1) to (8) – to apply for a Child Assessment Order subject to the provisions of the Article.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 42(1) and (2) – if a child is subject to an emergency Protection Order or there is reasonable cause to suspect the child is suffering significant harm – to enquire as necessary to decide whether action should be taken to safeguard that child.

Article 42(4) and (5) –  to  take  reasonable  steps  to  ensure access, by an authorized person, to a child regarding whom enquiries are to be made; and, if necessary, to apply for an emergency  Protection  Order,  a  Child  Assessment  Order,  a Care Order or Supervision Order with respect to the child, unless  satisfied  that  his/her  welfare  can  be  satisfactorily safeguarded without so doing.

Article 42(6) – to consider whether it would be appropriate to review the case at a later date; and, if so, to determine that date.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 46 – to issue a certificate to a voluntary home or foster parent to act as a refuge for children.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 48(2) –  to  give  notice  to  an  employer  of  children, prohibiting  him  from  employing  children,  or  imposing restrictions on the employment.

Article 48(3) –  to  serve  notice  on  an  employer,  parent  or guardian of any child requiring that person to provide details of a child's employment.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 50(1) and (2) – to grant a licence for children taking part in performances subject to the provisions of the Article.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 51(1), (2) and (4) – to vary or revoke a licence for children to take part in performances, subject to the provisions of the Article, and for the reasons for this action to be in writing.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 53 –  to  enter  any  place  and  make  enquiries  if  it appears  that  there  is  reasonable  cause  to  believe  that  the provisions of this Part, or an Order made thereunder, are being contravened with respect to any person.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 54(4) and (5) –  to  grant  registration  or  refuse  to register a Voluntary Home to receive children under 17 years of age.

Scope of delegation:

To grant or refuse to register a Voluntary Home under the terms  of  the  Article  and  the  Children  (Voluntary  Homes) (Jersey) Regulations 2005.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 55(1) and (2) –  to  provide  the  applicant  or  person carrying on the Home with notice of its intention where it is proposed  to  refuse  registration  or  to  register  a  Voluntary Home.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 57(1) and (2) –  to  satisfy  itself  that  any  Voluntary Home  is  satisfactory  for  safeguarding  and  promoting  the welfare of a child, and actions to take where it is not satisfied.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 59(6), (7) and (8) – to request information as to the whereabouts of a child who was privately fostered, to exempt a  person  from  complying  with  notices  under  Article 59 (Private Fostering) for specified periods of time, and for a person privately fostering to provide information set out under paragraph (8) regarding the child.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 60(1) – to impose requirements on any person who is privately fostering.

Article 60(3) – to prohibit a person from fostering a child or prohibit the use of any premises.

Article 60(4) – to cancel a Prohibition Order on a person or the use of any premises.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 61(1) and (2) – to satisfy that the welfare of privately fostered children is safeguarded and promoted, by ensuring that the child is visited from time to time; and if not satisfied, to  take  reasonable  steps  to  secure  alternative  care  and accommodation for the child.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 77(2) – where a child is taken lawfully to another part of the British Islands, the Care Order will cease to have effect if the Officer has notified the Court that it agrees to the above, subject to the provisions of the Article.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 15 and Schedule 1, paragraph 12 – Where a child lives with a person as a result of a Residence Order, the Department may  make  contributions  to  that  person toward  the  cost of maintaining that child.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 20  and  Schedule 2,  Part 1,  paragraph 2 –  unless  not reasonable or consistent for the child, promote contact and provide the address of the child, and his parents, anyone with parental  responsibility,  any  relative,  friend or  other  person connected  with  him,  subject  to  the  provisions  of  the paragraph.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 20 and Schedule 2, Part 1, paragraph 3(1) – to appoint an independent visitor where it appears it would be in the child's best interest.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 20 and Schedule 2, Part 1, paragraph 4(1) – to assist children in care to live outside the Island with the approval of the court.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 20 and Schedule 2, Part 1, paragraph 5 – in the event of the death of a child who is being looked after', insofar as it is reasonably practicable, inform the parents and every person who  is  not  a  parent  of  the  child  but  who  has  parental responsibility  for  the  child;  and  with  their  consent,  if reasonably  practicable  to  obtain,  arrange  for  the  burial  or cremation of that child; and subject to the provisions of the Law, recover any expenses incurred.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 20  and  Schedule 2,  Part 2,  paragraphs 6 and 7 –  to recover contributions, having made any enquiries considered necessary  to  ascertain  the  contributor's  means towards the child's maintenance, for any child who is being looked after', subject to the provisions of the paragraph.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 20 and Schedule 2, Part 2, paragraph 8 –

(1) –  Apply to the court for a Contributions Order, subject to the provisions of the paragraph.

(5)(b) – Where  another  Contributions  Order  is  agreed,  the Court shall be notified of the agreement and the date on which it took effect.

6. –  To vary or revoke a Contributions Order.
7. –  To specify  such  information  as  described  in paragraph 7(1)(a) and (b)  in proceedings  for  the variation of a Contributions Order.

Legislation:

Children (Jersey) Law 2002

Delegate:

Directorate Manager – Social Services, or nominated deputy.

Function delegated:

Article 20 and Schedule 2, Part 2, paragraph 9 – to collect any contribution  for  a  child  on  behalf  of  another  Authority  in another part of the British Islands.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Directorate Manager – Social Services or nominated deputy.

Function delegated:

Article 2(1) – to continue to maintain an Adoption Service to meet the needs of infants who have been or may be adopted, parents of such infants, and persons who have adopted or who may adopt.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Directorate Manager – Social Services or nominated deputy.

Function delegated:

Article 3 – to promote the welfare of infants by having regard for all the circumstances of the welfare of the infant and, so far as is practicable, to ascertain their wishes and feelings.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Directorate Manager – Social Services or nominated deputy.

Function delegated:

Article 4 – to have regard, so far as it is possible, for the wishes of the infant's parents and guardians as to the religious upbringing of the child.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Directorate Manager – Social Services or nominated deputy.

Function delegated:

Article 5 – to use approved adoption societies for placements if such an adoption cannot be placed in Jersey or Guernsey.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Directorate Manager – Social Services or nominated deputy.

Function delegated:

Article 9 –  to  pay  an  allowance  to  the  persons  who  have adopted or intend to adopt, if satisfied that such an adoption is not practicable without such a payment.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Directorate Manager – Social Services or nominated deputy.

Function delegated:

Article 12(1) – to apply to the Court for an Order freeing that infant for adoption.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Directorate Manager – Social Services or nominated deputy.

Function delegated:

Article 30(4) – to provide a counselling service for any person who has been adopted and applies for information under this Article.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Directorate Manager – Social Services or nominated deputy.

Function delegated:

Article 34 – to secure that protected children are visited by officers of the Ministry, who shall satisfy themselves as to the well-being of the children and give such advice as may be needed.

Legislation:

Adoption Rules 1962

Delegate:

Directorate Manager – Social Services or nominated deputy.

Function delegated:

Rules 8 and 9 – to consent or refuse to be the guardian ad litem of the infant for the purposes of the application.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Directorate Manager – Mental Health Services.

Function delegated:

Article 3(1) – to appoint officers for the purpose of making applications  under  Part 2  of  the  Law  for  the  compulsory admission to hospital and the reception into Guardianship of patients.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Directorate Manager – Mental Health Services, or nominated deputy.

Function delegated:

Article 24(3) and (4) – to receive a report under the provisions of Article 24(3) or (4), for the detention or Guardianship of the  patient  for  the  period  prescribed  in  that  case  by paragraph (2).

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Directorate Manager – Mental Health Services, or nominated deputy.

Function delegated:

Article 32(2)(c) – to make an application to the Royal Court for displacement of a patient's nearest relative.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Directorate Manager – Mental Health Services, or nominated deputy.

Function delegated:

Article 43(3), (4) and (9) – to report to H.M. Attorney General of potential interdicts and reinstatements.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Directorate Manager – Mental Health Services, or nominated deputy.

Function delegated:

Article 43(24)(b) –  to  examine  curators'  accounts  at  the Judicial Greffe.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Directorate Manager – Mental Health Services, or nominated deputy.

Function delegated:

Article 44(2) – to claim patients' Social Security entitlements.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Directorate Manager – Mental Health Services, or nominated deputy.

Function delegated:

Article 46 –  officers  delegated  to  make  applications  to  the Bailiff  for authorisation to  enter  premises, if necessary  by force, to search for and remove a patient/person.

Legislation:

Mental Health (Review Tribunal) (Procedure) (Jersey) Order 1971

Delegate:

Directorate Manager – Mental Health Services, or nominated deputy.

Function delegated:

Articles 5 and 6 – to make submissions of reports and receipts of statements in connection with patients' applications to the Mental Health Tribunal.

Legislation:

Mental Health (General Provisions) (Jersey) Order 1971, as amended by:

Mental  Health  (General  Provisions)  (Amendment  No. 2) (Jersey) Order 2008

Delegate:

Directorate Manager – Mental Health Services, or nominated deputy.

Function delegated:

Article 9(1) and (2) –  to  determine  who  can  receive documents related to the application or discharge of a patient.

Legislation:

States of Jersey Law 2005 Article 25(1)(c)(i)

Delegate:

Chief Executive Officer

Function delegated:

The  power  to  enter  into  contracts,  to  the  Chief  Executive Officer, who can make further delegations.