States of Jersey Law 2005: delegation of functions – Economic Development – revised delegations December 2014

LEGISLATION:

FUNCTION:

DELEGATED TO:

ENTERPRISE AND BUSINESS DEVELOPMENT

Enterprise Action Plan

• Approval of grants in accordance with the Minister-approved Enterprise Action Plan;
• Authority to enter into annual service level agreements for the provision of services or products required to deliver the Enterprise Action Plan.

  Deputy Chief Executive or, in his absence, the Director of Policy, or the Director, International Trade and Investment

FISHERIES

Sea Fisheries (Jersey) Law 1994

• To approve applications for exemptions for scientific purposes or the transplanting of fish (Articles 5 and 6);
• To approve conditions to be included in licences (Article 12);
• To decide what information is required to be provided by licence/permit holders (Article 12);
• Where a licence is suspended or revoked, to decide whether to authorise repayment of the licence fee (Article 13).

• Assistant Minister ( Deputy of St. Martin )
• Chief Executive Officer
• Director, Environmental Management and Rural Economy

Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1998

 To decide on applications for exemption from restrictions on ormers where the applicant wishes to conduct scientific work or transplanting (Regulation 4).

• Assistant Minister ( Deputy of St. Martin )
• Chief Executive Officer
• Director, Environmental Management and Rural Economy

 To decide on applications for exemption from need for pot tags where the applicant wishes to conduct scientific work (Regulation 8).

• Assistant Minister ( Deputy of St. Martin )
• Chief Executive Officer
• Director, Environmental Management and Rural Economy

 To issue and revoke permits to masters, owners and charterers of fishing boats exempting them from the need for pot tags and to set conditions and time limits for such permits (Regulation 8).

• Assistant Minister ( Deputy of St. Martin )
• Director, Environmental Management and Rural Economy
• Assistant Director, Marine Resources
• Senior Marine and Fisheries Officer

LEGISLATION:

FUNCTION:

DELEGATED TO:

 To approve type of pot tag and lost pot tag (Regulation 8).

• Assistant Director, Marine Resources
• Senior Marine and Fisheries Officer

 To set directions for the issue of

pot tags and lost pot tags and to determine the year or years for which pot tags and lost pot tags are valid (Regulation 8).

• Assistant Minister ( Deputy of St. Martin )
• Chief Executive Officer
• Director, Environmental Management and Rural Economy

 To issue pot tags (Regulation 8).

Director, Environmental Management and Rural Economy

• Assistant Director, Marine Resources
• Senior Marine and Fisheries Officer

 To issue lost pot tags (Regulation 8).

Assistant Director, Marine Resources Fisheries Officers

Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003

 To authorise the issue of licences and permits (Part 2).

Assistant Minister ( Deputy of St. Martin ) Chief Executive Officer Director, Environmental Management and Rural Economy

Assistant Director Marine Resources

Sea Fisheries (Underwater Fishing) (Jersey) Regulations 2003

 To authorise certain scientific or transplanting activities (Regulation 2).

Assistant Minister ( Deputy of St. Martin ) Chief Executive Officer Director, Environmental Management and Rural Economy

 To authorise the issuing of permits, setting of conditions, fishing periods, and the provision of statistics (Regulation 3).

Assistant Minister ( Deputy of St. Martin )

• Chief Executive Officer
• Director, Environmental Management and Rural Economy
• Assistant Director, Marine Resources

LEGISLATION:

FUNCTION:

DELEGATED TO:

Sea Fisheries (Fisheries) (Jersey) Regulations 2010

 To authorise the renewal of licences to farm fish or shellfish that are unchanged from the original licence.

Assistant Minister ( Deputy of St. Martin ) Chief Executive Officer Director, Environmental Management and Rural Economy

PUBLIC FINANCE

Public Finances (Jersey) Law 2005 Financial Direction 3.6

• Approval of non-contentious budget transfers of up to £250,000.

• Expenditure of all amounts approved by the States Assembly for the Economic Development Department.
• Expenditure up to £250,000.
• Expenditure up to £100,000.
• Expenditure up to £25,000.

• Chief Executive Officer
• Group Chief Executive, Ports of Jersey
• Chief Executive Officer

• Deputy Chief Executive
• Assistant Director
• Directors

Contract Signing – corporate contracts

 Signing of contracts on behalf of the Minister for Economic Development.

 The Minister delegates the signing of all contracts negotiated by the Economic Development Department and/or Strategic Procurement for and on behalf of the States to the Chief Executive Officer with no financial limit.

REGULATORY SERVICES

Tourism (Jersey) Law 1948

• To establish and maintain registers of premises under Article 6(1);
• To determine particulars of information to be recorded under Article 6(2)(c);
• To determine the form of applications under Article 9(1)(a);
• To determine the particulars of information to be provided under Article 9(1)(e);
• To notify applicants of renewals or registrations, and to effect such renewals or registrations under Article 10(7);
• To issue registration certificates under Article 13(1);
• To determine the required form of registration certificates under

• Assistant Director
• Hospitality and Leisure Manager

LEGISLATION:

FUNCTION:

DELEGATED TO:

Article 13(2);

• To correct inaccuracies in the registers of premises under

Article 14;

• To replace registration certificates if satisfied the original is lost under Article 18;
• To register a transferee as the proprietor of a premises under

Article 21(2)(b) (but not to refuse to do – powers of refusal are retained by the Minister);

• To supply suitable signs to proprietors and to determine the form of those signs under Article 27(1);
• To determine the form of suitable signs under Article 27(1) ,after consultation with Jersey Tourism;
• To grant authority to proprietors, individually or otherwise to display signs under Article 27(3),after consultation with Jersey Tourism;
• To cause to be published annually a

list of registered premises under Article 28(1);

• To omit premises from the annually published list as it is proper to do so under Article 28(2).

Licensing (Jersey) Law 1974

• To approve managers under

Article 18(3);

• To approve deputies under

Article 19(1);

• To opine on the suitability of registered premises under

Article 40(2);

• To attend the Licensing Assembly as the Chief Executive Officer's Deputy under Article 6(8).

• Chief Executive Officer
• Assistant Director
• Hospitality and Leisure Manager

Places of Refreshment (Jersey) Law 1967

• To determine particulars that must be supplied in respect of applications under Article 4(1);
• To request additional information

under Article 4(3);

• To cause premises to be inspected under Article 5;
• To register or renew registration of premises under Article 6(1);

• Assistant Director
• Hospitality and Leisure Manager

LEGISLATION:

FUNCTION:

DELEGATED TO:

• To approve alternate persons to act temporarily as proprietors under Article 6(7);
• To issue registration certificates under Article 7(1);
• To issue substitute registration certificates under Article 7(3);
• To issue substitute registration certificates under Article 7(7).

Policing of Beaches (Jersey) Regulations 1959

• To give permission in respect of vehicles being driven on the beach under Regulation 3(1)(a);
• To give permission in respect of vehicles being parked on beaches under Regulation 3(1)(b), and slipways under Regulation 3(1)(c), subject to a policy approved by the Minister;
• To approve the renewal of beach concession licences under

Regulation 3(1)(d). (Note – new applications and refusals of renewals will be considered by the Minister);

• To give permission for the use of musical apparatus on any beach under Regulation 3(1)(f), subject to a policy approved by the Minister.

• Assistant Director
• Hospitality and Leisure Manager

Tourism (General Provisions) (Jersey) Order 1990

• To register hotel premises under Article 3;
• To register guest house premises under Article 5;
• To register self-catering premises under Article 7;
• To register youth hostel premises under Article 12;
• To register holiday camps premises under Article 14;
• To register camp sites under Article 14;
• To give prior approval for and set conditions for structural alterations and change of use under

Article 26(1), if such alterations or change are in keeping with the Tourism (General Provisions).

• Assistant Director
• Hospitality and Leisure Manager

LEGISLATION:

FUNCTION:

DELEGATED TO:

Note – where conditions or refusals may have significant effects (i.e. commercial effects) or are outside of the Tourism General Provisions, a decision will be made by the Minister.

RURAL

Agricultural Returns (Jersey) Law 1947

The collecting and collating of agriculture and fisheries statistics.

 Director, Environmental Management and Rural Economy.

Agriculture (Loans and Guarantees) (Jersey) Law 1974

Applications for new loans and deferments and general administration of the Scheme is carried out at Officer level (Rural Economy and Treasury and Resources).

 The Finance Director is delegated to take appropriate action with borrowers who are in arrears with repayments.

Agriculture (Loans) (Jersey) Regulations 1974

The Agriculture Loans Board does not now exist, but recommendations could be made to the Minister from the Director of the Rural Economy. This would only be for deferments, as the scheme is no longer available for new loans.

The Minister will continue to consider cases, only where a formal decision is required to give the Law Officers instructions to carry out certain functions,

i.e. registration of new loans, changes in security and legal action.

Agricultural Marketing (Jersey) Law 1953

Milk Marketing Scheme (Approval) (Jersey) Act 1954 Milk Marketing (Registration of Producers) (Jersey) Order 1954

Milk Marketing (Polls) (Jersey) Order 1954

Administration of all subordinate legislation.

 Director, Environmental Management and Rural Economy.

European Communities Legislation (Implementation) (Jersey) Law 1996

• To ensure the correct form and application of prescribed cattle eartags (Regulation 2);
• The registration of cattle and recording of movements (Regulation 7);

• Chief Executive Officer
• Director of Environmental Management and Rural Economy
• States Veterinary Officer

LEGISLATION:

FUNCTION:

DELEGATED TO:

European Communities Legislation (Implementation) (Cattle Identification) (Jersey) Regulations 2002

• Provide replacement passports (Regulation 10);
• Powers of entry. To inspect cattle, examine and remove records, check unused eartags (Regulation 13). Serve a notice restricting movement from the holding (Regulation 14).

Inspectors – For the purposes of enforcement/inspection

• States Veterinary Assistant
• Head of Agricultural Inspection
• Agricultural Inspectors (4)

ECONOMIC DEVELOPMENT – MARITIME COMPLIANCE

Shipping (Tonnage) (Jersey) Regulations 2004

To appoint appropriately qualified, authorized measurers and surveyors, as defined in Regulation 1.

The Registrar shall only appoint measurers and surveyors for the purpose of their function under the Tonnage Regulations.

• Assistant Director
• Registrar of Shipping

Shipping (Training, Certification and Manning) (Jersey) Order 2004 – Article 5

To exempt any ship or description of ship from any requirement of the U.K. Training and Certification Regulations or the U.K. Manning Regulations as applied in Jersey.

The Officer shall only do so where there is in place an equivalent requirement appropriate to the ship type and area of operation.

• Assistant Director
• Registrar of Shipping

Shipping (Fishing Vessels – Safety Training) (Jersey) Order 2004

To grant exemptions from the requirement for safety training under Article 4.

Exemption may apply to fishermen operating vessels under 6 metres in length and where they have attended the approved alternative training.

Temporary exemptions for fishermen operating any size vessel who have not attended any approved training must be time-limited and dependent on there being on-board safety and emergency briefings.

Exemptions to be based on a report issued on behalf of the Harbour Master.

• Assistant Director
• Registrar of Shipping

LEGISLATION:

FUNCTION:

DELEGATED TO:

Shipping (Fishing Vessels Safety Provisions) (Jersey) Order 2004 – Articles 129 and 133

On receipt of a favourable survey report, issue or cancel fishing vessel certificates.

This to be based on a report issued on behalf of the Harbour Master.

• Assistant Director
• Registrar of Shipping

Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013 – Regulation 3(4)

To accept equivalent equipment, machinery, or provisions.

The delegate shall only accept such equivalents on having taken advice from professional surveyors appropriately appointed under the Shipping Law, and to advise on the Jersey Code as that code is referred to in Regulation 1(2) of the Regulations.

• Assistant Director
• Registrar of Shipping

Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013 – Regulation 4(2)

To accept certificates of compliance issued otherwise than in accordance with paragraph (1) of Regulation 4.

The delegate shall only accept such alternative certificates on having taken advice from professional surveyors appropriately appointed under the Shipping Law, and to advise on the Jersey Code as that code is referred to in Regulation 1(2) of the Regulations.

• Assistant Director
• Registrar of Shipping

Shipping (Survey and Certification) (Jersey) Order 2013 –

Articles 1(2)(a) and 2(3) and Regulation 2(2) of the U.K. Survey and Certification Regulations

To grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) on such terms (if any) as he may do specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

• Assistant Director
• Registrar of Shipping

Shipping (Survey and Certification) (Jersey) Order 2013 –

Article 1(2)(a) and Regulation 11 of the U.K. Survey and Certification Regulations

To issue a Passenger Certificate in accordance with the associated U.K. Regulation 11(a).

• Assistant Director
• Registrar of Shipping

LEGISLATION:

FUNCTION:

DELEGATED TO:

Shipping (Survey and Certification) (Jersey) Order 2013 –

Article 1(2)(a) and Regulation 19 of the U.K. Survey and Certification Regulations

To cancel a certificate issued to a Jersey ship in accordance with the associated U.K. Regulation 19(1) and to require the surrender of such a certificate in accordance with the associated U.K. Regulation 19(2).

• Assistant Director
• Registrar of Shipping

Shipping (Survey and Certification) (Jersey) Order 2013 –

Article 4(10) and Regulation 8 of the U.K. Domestic Voyage Regulations

To exempt subject to such conditions as may be specified, classes of ships or individual ships from specified provisions of these Regulations, and may alter or cancel any such exemption.

This to be based on a report issued on behalf of the Harbour Master.

• Assistant Director
• Registrar of Shipping

ECONOMIC DEVELOPMENT – DIGITAL, COMPETITION AND INNOVATION

LEGISLATION:

DELEGATED TO:

Electronic Communications (Jersey) Law 2000

 Assistant Minister (Senator P.F.C. Ozouf )

Competition (Jersey) Law 2005

Competition Regulatory Authority (Jersey) Law 2001

Intellectual Property (Unregistered Rights) (Jersey) Law 2011

Merchandise Marks (Jersey) Law 1958

Patents (Jersey) Law 1957

Registered Designs (Jersey) Law 1957

Trade Marks (Jersey) Law 2000  

Digital Switchover (Disclosure of Information) (Jersey) Law 2010

Postal Services (Jersey) Law 2004  

Radio Equipment (Jersey) Law 1997  

Telecommunications (Jersey) Law 2002  

Public Health (Ships) (Jersey) Order 1971 (Article 34 reference only)

Public Health (Aircraft) (Jersey) Order 1971

LEGISLATION:

FUNCTION:

DELEGATED TO:

HARBOURS AND AIRPORT: CORPORATE

Standing Orders of the States of Jersey – S.O.168

Transactions in land.

To make recommendations to the Minister for Treasury and Resources, Assistant Minister or Director of Property Holdings as appropriate, under Standing Order 168 as a body established by the States to manage land and buildings owned by the public of Jersey –

• Any acquisition or disposal of land or property on behalf of the public for a consideration of less than £150,000;

• Any grant or acceptance on behalf of the public of any servitude or right in, on, over or under land by way of gift or for a sum of less than £50,000 or £12,500 a year;

• The letting on behalf of the public to any person or body for a term certain of any land or property for a rent payable on commencement of less than £50,000 a year;

• The rent on behalf of the public from any person or body for a term certain of any land or property for a rent payable on commencement of less than £50,000 a year; and

• The renewal, extension or variation of any lease where the value is less than £50,000 a year.

• Group Chief Executive, Ports of Jersey
• Deputy Chief Executive Officer and Director of Resources

• Chief Executive Officer

HARBOURS AND AIRPORT: AVIATION

Aerodromes (Jersey) Regulations 1965 – Regulation 2

 Power of Minister to restrict access to aerodromes.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director

Aerodromes (Jersey) Regulations 1965 – Regulation 3

 Circulation and parking of vehicles.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director

LEGISLATION:

FUNCTION:

DELEGATED TO:

Aerodromes (Jersey) Regulations 1965 – Regulation 4

 Posting of notices.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director

Aerodromes (Jersey) Regulations 1965 – Regulation 11

 Acts for which written permission of the Minister is required.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director

Airport Dues (Jersey) Law 1956 – Article 5

 Exemptions and reductions.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Commercial Director

Airport Dues (Jersey) Law 1956 – Article 6

 Payment of dues.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Commercial Director

HARBOURS AND AIRPORT – MARINE

Harbours (Jersey) Regulations 1962 – Part 1 (Powers of Minister), Regulation 1, paragraphs (1)(a),

(2)(a) and (3)

To restrict access to harbours.

The delegation does not extend to actions concerning territorial waters.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director
• Chief Operating Officer – Marine

Harbours (Jersey) Regulations 1962 – Part 3 (Duties of Master and Owner)

Action to be taken under Regulation 7(2) following failure of a master to carry out directions of the Harbour Master requiring movement of a vessel.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director
• Chief Operating Officer – Marine

Harbours (Jersey) Regulations 1962 – Part 4 (Provisions governing ships bringing petroleum spirit into a

To authorise an officer to discharge the functions of inspection to ascertain whether the requirements of Parts 4 (Regulation 24) and 5 (Regulation 35) of the Regulations are being carried out. Any professional fees required, or

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director

LEGISLATION:

FUNCTION:

DELEGATED TO:

harbour) and Part 5 (Provisions governing the conveyance, loading and unloading of explosives)

provision of facilities, to be within annual budget or agreed contingency budget.

 Chief Operating Officer – Marine

Harbours (Jersey) Regulations 1962 – Part 8 (General)

Functions under Regulation 47 (Damage by vessels in harbour) with respect to persons answerable for any damage, and persons liable to make good any such damage, including power to detain a vessel and obtain security for the amount of damage done.

Valuation of cost to make good damage to be based on independent professional report.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director
• Chief Operating Officer – Marine

Harbours (Jersey) Regulations 1962 – Part 8 (General)

Giving permission under

Regulation 49(1) (a) through to 1(e),

and 1(g), for any of the following – fixing notices; use of vessels as houseboats; use of firearms; public address or performance; soliciting or collecting; lighting fireworks.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director
• Chief Operating Officer – Marine
• Group Commercial Director

Harbours (Jersey) Regulations 1962 – Part 8 (General)

Giving permission to engage in any trade or business activity under

Regulation 49(1)(f) and the setting of any terms and conditions under

Regulation 49(2).

If the trade or business activity involves the use of a harbour facility or the provision of a service then the permission must fall within the scope of any directions or requirements of the Minister made under Regulation 6(3), (4), (8)

or (10).

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Commercial Director

Harbour and Light Dues (Jersey) Law 1947 – Article 8 (Time for payment of dues)

To make agreement with the owner of a ship for the payment of dues.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Commercial Director

LEGISLATION:

FUNCTION:

DELEGATED TO:

Harbour and Light Dues (Jersey) Law 1947 – Article 7 (Exemptions)

To reduce or waive the dues payable under this Tariff in respect of any particular ship, its passengers or goods.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Commercial Director

Shipping (Jersey) Law 2002 –

Part 13,

Article 186(1)

and (2)

Article 186(3)

and (4) remain with the Minister for Economic Development

To take and co-ordinate measures to prevent, reduce, and minimise the effects of marine pollution; to prepare, review and implement a plan setting out arrangements for responding to incidents that cause or may cause marine pollution with a view to preventing such pollution or reducing or minimising its effects.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director
• Chief Operating Officer – Marine

Harbours (Inshore Safety) (Jersey) Regulations 2012 – Regulation 3

To designate areas and issue directions in accordance with the procedure in the Regulation.

Any designation made in an area of territorial waters outside harbour limits must be limited for the duration of a specific sporting or recreational event and shall be notified to the Minister at the time they are made.

• Group Chief Executive Officer, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director
• Chief Operating Officer – Marine

Harbours (Inshore Safety) (Jersey) Regulations 2012 – Regulation 6

To consider permit applications, to issue permits or refuse applications, or to cancel permits in accordance with the procedures in the Regulation.

• Group Chief Executive Officer, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director
• Chief Operating Officer – Marine

Harbours (Inshore Safety) (Jersey) Regulations – 2012 Regulation 7

To undertake all functions of the Minister concerned with the registration of vessels.

• Group Chief Executive, Ports of Jersey
• Deputy CEO and Director of Resources
• Group Operations Director
• Group Commercial Director

ECONOMIC DEVELOPMENT – AIRCRAFT REGISTRY

Aircraft Registration (Jersey) Law 2014

Responsible for administering the registration of aircraft, aircraft engines, aircraft mortgages and aircraft engine mortgages.

 Registrar, Jersey Aircraft Registry