States of Jersey Law 2005: delegation of functions – authorisation of actions in connection with Iran sanctions.

STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – AUTHORISATION OF ACTIONS IN CONNECTION WITH IRAN SANCTIONS

Presented to the States on 29th September 2014 by the Minister for External Relations

STATES GREFFE

2014   Price code: A  R.142

2 REPORT

On 26th September 2014, the Minister for External Relations made a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-ER-2014-0029, 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 –

R.142/2014

3

Article 7 of the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2012 provides that –

"7  Functions of Minister

1. The Minister,  with  a  view  to ensuring  compliance  with  Council Regulation  No. 359/2011  and  Council  Regulation  No. 267/2012,  must perform the functions required to be performed by a competent authority of a Member State under those Council Regulations, as if the Minister were a competent authority.
2. The Minister may, to such extent and subject to such restrictions as he or she may think proper, delegate or authorize the delegation of any of his or her functions under this Order to any person, or class or description of person, approved by the Minister."

Council  Regulation  EU  No. 267/2012,  as  applied  to  Jersey,  permits  or  requires authorisation of certain actions by the competent authorities of the territory concerned, subject to the specified requirements, exceptions and conditions.

The Minister for External Relations delegates certain functions in accordance with the following Articles of Council Regulation EU No. 267/2012, as given effect in Jersey, subject to the relevant restrictions and conditions –

R.142/2014