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States of Jersey Law 2005: delegation of functions – Economic Development – sea fisheries legislation – revised delegations January 2014

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STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – ECONOMIC DEVELOPMENT – SEA FISHERIES LEGISLATION – REVISED DELEGATIONS JANUARY 2014

Presented to the States on 21st January 2014 by the Minister for Economic Development

STATES GREFFE

2014   Price code: B  R.6

REPORT

On 17th January 2014, the Minister for Economic Development made a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-E-2013-0118, 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.
  1. 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.
  2. The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.
  3. 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.
  4. 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.

  1. 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 –

 

Legislation:

Function(s) delegated:

Delegated to:

Sea Fisheries (Jersey) Law 1994

  • To approve applications for exemptions for scientific purposes or the transplanting of fish (Article 5).
  • 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
  • Chief Executive Officer
  • Director of the Environment/ Deputy Chief Officer
  • Director of Environmental Management and Rural Economy
  • Director for Environmental Protection

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
  • Chief Executive Officer
  • Director of the Environment/ Deputy Chief Officer
  • Director of Environmental Management and Rural Economy
  • Director for Environmental Protection

 To publish a notice in the Jersey Gazette effecting a closure of the spider crab fishery (Regulation 5).

 Assistant Minister

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

  • Assistant Minister
  • Chief Executive Officer
  • Director of the Environment/ Deputy Chief Officer
  • Director of Environmental Management and Rural Economy
  • Director for Environmental Protection

 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
  • Director of Environmental Management and Rural Economy
  • Director of the Environment/ Deputy Chief Officer
  • Director for Environmental Protection
  • Assistant Director, Marine

 

Legislation:

Function(s) delegated:

Delegated to:

 

 

Resources

  • Senior Marine and Fisheries Officer
  • Marine and Fisheries Officer (Licensing)

 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
  • Chief Executive Officer
  • Director of Environmental Management and Rural Economy
  • Director of the Environment/ Deputy Chief Officer
  • Director for Environmental Protection

 To issue pot tags (Regulation 8).

  • Director of Environmental Management and Rural Economy
  • Director of the Environment/ Deputy Chief Officer
  • Director for Environmental Protection
  • Assistant Director, Marine Resources
  • Senior Marine and Fisheries Officer

 To issue lost pot tags (Regulation 8).

  • Assistant Director, Marine Resources
  • Fishery officers

Sea Fisheries (Inshore Trawling, Netting and Dredging) (Jersey) Regulations 2001

 To approve exemptions for beach set nets to be set in areas where they would otherwise be prohibited.

  • Assistant Minister
  • Chief Executive Officer
  • Director of Environmental Management and Rural Economy
  • Director of the Environment/ Deputy Chief Officer
  • Director for Environmental Protection

 

Legislation:

Function(s) delegated:

Delegated to:

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

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

  • Assistant Minister
  • Chief Executive Officer
  • Director of Environmental Management and Rural Economy
  • Director of the Environment/ Deputy Chief Officer
  • Director for Environmental Protection
  • Assistant Director, Marine

Resources

 To determine classes of licences and permits (Regulation 6).

  • Assistant Minister
  • Chief Executive Officer
  • Director of Environmental Management and Rural Economy
  • Director of the Environment/ Deputy Chief Officer
  • Director for Environmental Protection

Sea Fisheries (Underwater Fishing) (Jersey) Regulations 2003

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

  • Assistant Minister
  • Chief Executive Officer
  • Director of Environmental Management and Rural Economy
  • Director of the Environment/ Deputy Chief Officer
  • Director for Environmental Protection

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

  • Assistant Minister
  • Chief Executive Officer
  • Director of Environmental Management and Rural Economy
  • Director of the Environment/ Deputy Chief Officer
  • Director for Environmental Protection
  • Assistant Director, Marine

Resources

 

Legislation:

Function(s) delegated:

Delegated to:

Sea Fisheries (Fisheries) (Jersey) Regulations 2010

 To authorise the issue of new or amended licences to farm fish or shellfish.

 Assistant Minister

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

  • Assistant Minister
  • Chief Executive Officer
  • Director of Environmental Management and Rural Economy
  • Director of the Environment/ Deputy Chief Officer
  • Director for Environmental Protection

 To issue conditions or amend conditions in respect of licences issued for the farming of fish or shellfish.

  • Assistant Minister
  • Chief Executive Officer
  • Director of the Environment/ Deputy Chief Officer
  • Director of Environmental Management and Rural Economy
  • Director for Environmental Protection