States of Jersey Law 2005: delegation of functions – Health and Social Services – revised delegations November 2014.

PUBLIC HEALTH DIRECTORATE

1.

Legislation:

Food Safety (Jersey) Law 1966

Delegate:

Medical Officer of Health or 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),

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

2.

Legislation:

Food Safety (Jersey) Law 1966

Delegate:

Medical Officer of Health or 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 paragraph (3).

3.

Legislation:

Food Safety (Jersey) Law 1966

Delegate:

Medical Officer of Health or 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.

4.

Legislation:

Food Safety (Miscellaneous Provisions) (Jersey) Law 2000

Delegate:

Medical Officer of Health or 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),  3(2),  3(3),  3(10),  3(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.

5.

Legislation:

Food Hygiene (General Provisions) (Jersey) Order 1967

Delegate:

Medical Officer of Health or 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 paragraph (1) of Article 31.

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  paragraph (1)  of Article 31) may be conveyed in unopened containers.

Authority is reserved to the Minister as follows – That it 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.

6.

Legislation:

Food Hygiene (General Provisions) (Jersey) Order 1967

Delegate:

Medical Officer of Health or nominated deputy.

Function delegated:

Article 33(2), (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, paragraphs (2) or (3) of the Order.

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

7.

Legislation:

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

Delegate:

Medical Officer of Health or 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.

8.

Legislation:

Health Care (Registration) (Jersey) Law 1995

Delegate:

Medical Officer of Health or 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) or (b) or (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 Article (9)(1).

9.

Legislation:

Statutory Nuisances (Jersey) Law 1999

Delegate:

Medical Officer of Health or 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 paragraph (4) of Article 5.

Article 6(2)(b)  –  to  determine  that  paragraph (2)(b)  of Article 6 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 paragraph (4) of Article 5, 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.

10.

Legislation:

Piercing and Tattooing (Jersey) Law 2002

Delegate:

Medical Officer of Health or 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 Article10, to notify the person concerned of the intention to do so and the reasons therefore.

11.

Legislation:

Nursing Agencies (Jersey) Law 1978

Delegate:

Medical Officer of Health or nominated deputy.

Function delegated:

Article 2(2)  –  to  grant  or  renewal  of  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).

12.

Legislation:

Nursing and Residential Homes (Jersey) Law 1994

Delegate:

Medical Officer of Health or 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 Article 4(7)(b), (8)(b) of the 1994 Law (as amended).
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 Article 9(1) and Article 10(1) of the 1994 Law.

The delegate may – 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 – 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.

13.

Legislation:

Nursing and Residential Homes (No. 2) (Jersey) Law 1997

Delegate:

Medical Officer of Health or nominated deputy.

Function delegated:

1. To register a person in respect of a nursing home, according  to  Article 3(1),  and  to  request  the particulars detailed in Article 3(3), i.e. whether or not the home is to receive women immediately before or after childbirth.

2. To determine  whether  or  not  premises  are  a residential home, according to Article 4(2)(a), and to serve  a  notice  to  that  effect  according  to Article 4(2)(b).

3. To register a person in respect of a residential home, according to Article 4(3).

4. To register a person in respect of a mental nursing home, according to Article 5(2), and to request the particulars detailed in Article 5(3), i.e. whether or not it is proposed to receive patients liable to be detained under the 1969 Mental Health Law,

to serve a notice specifying proposals in regard to a number of  persons  or  other  conditions  related  to  a  registration, according  to  Article 7(2);  and  to  issue  a  certificate according to Article 7(3).

Scope of delegation:

Delegated  functions  do  not  extend  to  the  authority  to consider any representations  or appeals in regard to the conditions relating to a registration.

14.

Legislation:

Nursing and Residential Homes (Jersey) Law 1994

Residential  Homes  (General  Provisions)  (Jersey)  Order 1995 – Article 20

Delegate:

Medical Officer of Health or nominated deputy.

Function delegated:

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

Scope of delegation:

To serve a Notice on the person registered specifying –

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

(b)  what action, the person registered should take so as to comply with that Article,

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

15.

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 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.

16.

Legislation:

Ancillary Dental Workers (Jersey) Regulations 1974

Delegate:

Medical Officer of Health or nominated deputy.

Function delegated:

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

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

Scope of delegation:

To enrol an applicant accordingly to Article 9.

To retain a name on the roll according to Article 10. To restore a name to the roll according to Article 11.

17.

Legislation:

Opticians (Registration) (Jersey) Law 1962

Delegate:

Medical Officer of Health or nominated deputy.

Function delegated:

Article 6 – to register companies under the Article.

18.

Legislation:

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

Delegate:

Medical Officer of Health or 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.

19.

Legislation:

Burials and Exhumations (Jersey) Law 2004

Delegate:

Medical Officer of Health or nominated deputy.

Function delegated:

Article 3(1)  –  to  inspect  any  burial  ground  to  ascertain whether  Regulations  made  under  Article 2(3)  have  been complied with.

20.

Legislation:

International  Health  Regulations  (2005)  [World  Health Organisation]

Delegate:

Medical Officer of Health or nominated deputy.

Function delegated:

Annexe 7, paragraph 2(f)

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

21

Legislation:

Misuse of Drugs (Jersey) Law 1978

Delegate:

Medical Officer of Health or 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.

22.

Legislation:

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

Delegate:

Medical Officer of Health or 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.

23.

Legislation:

Misuse of Drugs (Addicts) (Jersey) Order 1980

Delegate:

Medical Officer of Health or nominated deputy.

Function delegated:

Article 3 – to issue a licence under 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.

24.

Legislation:

Drainage (Jersey) Law 2005

Delegate:

Medical Officer of Health or nominated deputy.

Function delegated:

Article 15(2) – to act as the point of consultation on behalf of the Minister of 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  Ministers  behalf,  on work to be undertaken under Article 15(1) relating to the repair of sewers and drains.

SURGICAL SERVICES DIRECTORATE

1.

Legislation:

Termination of Pregnancy (Jersey) Law 1997

Delegate:

Directorate Manager, Surgery or nominated deputy.

Functions Delegated

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

2.

Legislation:

Termination of Pregnancy (Jersey) Law 1997

Delegate:

Directorate Manager, Surgery or nominated deputy.

Function delegated:

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

CHIEF PHARMACIST

1.

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 2nd 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.

2.

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 2nd Schedule  to  the  Law,  to  an  individual  in  circumstances when  the  quantities  to  be  imported  or  exported  exceed those authorized 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).

3.

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.

4.

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), (2), (3) and 97(1 to 8).

5.

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.

6.

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.

7.

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.

COMMUNITY & SOCIAL SERVICES DIRECTORATE

1.  

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director Social Services 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.

2.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director Social Services or nominated deputy.

Function delegated:

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

3.

Legislation

Children (Jersey) Law 2002

Delegate:

Managing Director Social Services or nominated deputy.

Function delegated:

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

4.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director 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.

5.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director 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.

6.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director 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.

7.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director 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 Articles.

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

8.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director 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.

Articles 21(4) and (5) – to give assistant such as a grant or contribute 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.

9.

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.

10.

Legislation

Children (Jersey) Law 2002

Delegate:

Managing Director Social Services or nominated deputy.

Function delegated:

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

11.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director 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.

12.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director 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 courts.

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 courts.

Article 27(4) – to apply to the courts for a no contact' order  under  the  terms  of  this  Article  and  the  Children (Contact in Care) (Jersey) Regulations 2005.

13.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director Social Services or nominated deputy.

Function delegated:

Article 29(1), (2) and (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 the Children's Service intend to make available.

14.

Legislation

Children (Jersey) Law 2002

Delegate:

Managing Director 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.

15.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director Social Services or nominated deputy.

Function delegated:

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

16.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director 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 that access to a child whom enquires are to be made and to if necessary 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 welfare can be satisfactorily safeguarded without its doing so.

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

17.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or in his/her absence, his/her nominated deputy.

Function delegated:

Article 46(1) – to issue a certificate to a voluntary home or foster parent to act as a refuge for children.

18.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

Article 48(2) – to give notice to an employer of children prohibiting  him  from  employing  the  child  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.

19.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, 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.

20.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, 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.

21.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, 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.

22.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

Article 54(4)  and  (5)  –  to  grant  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) Order 2005.

23.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, 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 or to register a Voluntary Home.

24.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

25.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, 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  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.

26.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, 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.

27.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, 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 child is visited from time to time; and if not satisfied take reasonable steps to secure alternative care and accommodation of the child.

28.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, 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.

29.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

Article 15 and Schedule 1(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.

30.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

Article 20 and Schedule 2, Part 1(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.

31.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

32.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

33.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

Article 20 and Schedule 2, Part 1(5) – in the event of a death of a child who is being looked after' and so far as it is reasonably practicable inform the parents, and everyone who has parental responsibility of his; and with the consent if reasonably practical to obtain arrange for the burial or cremation  of  that  child;  and  subject  to  the  provisions recover any expenses incurred.

34.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

Article 20  and  Schedule  2,  Part  2(6),  (7)  –  to  recover contributions having made enquires considered necessary to  ascertain  the  contributor's  means  toward  the  child's maintenance for any child looking after' subject to the provisions of the paragraph.

35.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

Article 20 and Schedule 2, Part 2(8) –

(1) –  apply  to  the  court  for  a  contributions  Order subject to the provisions of the paragraph;

(5)(b) –  where another contribution order is agreed, the court shall be notified of the agreement and the date which it took effect;

6. –  to vary or revoke a contribution order;
7. –  to  specify  such  information  as  described  in Paragraph 7  (a)  (b)  in  proceedings  for  the variation of a contribution order.

36.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

37.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, 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 or may be adopted, parents of such infants and persons who have or may adopt.

38.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, 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.

39.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

40.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, 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.

41.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, 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.

42.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

43.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, 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.

44.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, 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.

45.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

Article 37–  to  make  a  representation  to  the  court  for  a protected child to be removed from a person or premise that would  be  detrimental  to  that  child  –  including  an application made on proof that there is imminent danger to the health or well-being of the child the order of such that may be exercised by the Bailiff .

46.

Legislation:

Adoption Rules 1962

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

47.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Managing  Director,  Social  Services,  in  his/her  absence, his/her nominated deputy.

Function delegated:

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

48.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

49.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Managing Director, Social 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.

50.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

Article 43(3), (4) and (9) – to report to the AG of potential interdict and reinstatements.

51.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

52.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

53.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

54.

Legislation:

Mental Health (Jersey) Law 1969

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

Delegate:

Managing Director, Social Services or nominated deputy.

Function delegated:

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

55.

Legislation:

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

Delegate:

Managing Director, Social 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

STATES OF JERSEY LAW 2005

1.

Legislation:

States of Jersey Law 2005 – Article 26(1)(c)(i)

Delegate:

Chief Executive Officer.

Function delegated:

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

2.

Legislation:

States of Jersey Law 2005 – Article 26(1)(c)(i).

Delegate:

Chief Executive Officer.

Function delegated:

The  power  to  administer  and  authorise  payments  from Health and Social Services gift funds.

CHARGING POLICY

Policy/Procedure:

Health  and  Social  Services  Residents  and  Non- Residents Charging Policy.

Delegate:

Assistant Minister for Health and Social Services.

Function delegated:

The right to authorise amendments and exemptions to Residents and Non-Residents Charging Policy

The right to make changes to the Residents and Non- Residents Charging Policy eligibility criteria.

To Chair of the Charges Appeals Panel and the right to grant special exemptions to charges on appeal – under the Charges Appeals Policy.

FINANCIAL REGULATIONS

Policy/Procedure:

Health  and  Social  Services  Scheme  of  Delegation (HSS-PP-CG-021201).

Delegate:

The  Department  has  a  documented  policy  on delegations to the Chief Executive Officer and how these and the Chief Executive's Accounting Officer responsibilities are delegated to other officers.

Function delegated:

Power to incur expenditure; enter into contracts; place orders;  collect  income;  manage  staff  and  other Accounting Officer responsibilities.