Skip to main content

States of Jersey Law 2005: delegation of functions – Social Security – revised delegations March 2015.

The official version of this document can be found via the PDF button.

The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.

STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – SOCIAL SECURITY – REVISED DELEGATIONS MARCH 2015

Presented to the States on 31st March 2015 by the Minister for Social Security

STATES GREFFE

2015   Price code: B  R.36

REPORT

On 27th March 2015, the Minister for Social Security made a Ministerial Decision delegating certain of her functions under Article 28 of the States of Jersey Law 2005 (MD-S-2015-0027, 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 –

Delegation of financial authorities

 

Legislation:

Social Security (Jersey) Law 1974

Delegate:

The Chief Officer of the Social Security Department and, in his/her absence, the Deputy Chief Officer.

(The Chief Officer is referred to as the Controller' under the Social Security (Jersey) Law 1974.)

Function delegated:

Article 31(1) – to transfer monies from the Social Security Fund to the Social Security (Reserve) Fund.

Scope of delegation:

To transfer available cash from short-term investments into the Reserve Fund for onward investment by Fund Managers.

 

Legislation:

Public Finances (Jersey) Law 2005 Social Security (Jersey) Law 1974 Health Insurance (Jersey) Law 1967 Long-Term Care (Jersey) Law 2012

Delegate:

The Chief Officer of the Social Security Department and, in his/her absence, the Deputy Chief Officer.

Function delegated:

Approve  the  Social  Security  Department's  Authorised Signature schedule, approved expenditure limits and bank signing limits, conditional on them being within the pre- authorised limits specified below.

 

Legislation:

Public Finances (Jersey) Law 2005 Social Security (Jersey) Law 1974 Health Insurance (Jersey) Law 1967 Long-Term Care (Jersey) Law 2012

Delegate:

Chief Officer of the Social Security Department

Function delegated:

  • Approval of non-contentious inter-departmental budget transfers of up to £100,000
  • Accept tenders not exceeding £1,500,000
  • Signing  formal  contracts,  including  contracts  entered into under Article 20B of the Health Insurance Law, and other forms of engagement, not exceeding £1,500,000
  • Payments  to  individual  Pharmacists  not  exceeding £500,000
  • Payments  to  individual  G.P.  Practices  not  exceeding £200,000
  • Payments to Health and Social Services not exceeding £150,000

 

 

  • Place  and  accept  orders,  and  approve  invoices  for payment, not exceeding £250,000
  • Appointment  of  consultants,  contract  not  exceeding £1,500,000
  • Write-offs not exceeding £50,000

Scope of delegation:

By any formal documentation. As part of the Department's quarterly reporting mechanism, the Minister will receive a report showing the number of contracts signed during that period, their form and value.

 

Legislation:

Public Finances (Jersey) Law 2005 Social Security (Jersey) Law 1974 Health Insurance (Jersey) Law 1967 Long-Term Care (Jersey) Law 2012

Delegate:

Director of Finance and Governance Director of Operations

Director of Strategy and Policy Director of Health and Safety

Function delegated:

  • Accept tenders not exceeding £50,000
  • Signing formal contracts and other forms of engagement not exceeding £50,000
  • Place  and  accept  orders,  and  approve  invoices  for payment not exceeding £50,000
  • Appointment  of  consultants,  contract  not  exceeding

£50,000

  • Write-offs not exceeding £25,000

 

Legislation:

Public Finances (Jersey) Law 2005 Social Security (Jersey) Law 1974 Health Insurance (Jersey) Law 1967 Long-Term Care (Jersey) Law 2012

Delegate:

Director of Operations

Function delegated:

  • Payments  to  individual  Pharmacists  not  exceeding £200,000
  • Payments  to  individual  G.P.  practices  not  exceeding £200,000
  • Payments to Health and Social Services not exceeding £150,000

Delegations for the appointment of Determining Officers

 

Legislation:

Article 28 of the Health Insurance (Jersey) Law 1967

Delegate:

The Chief Officer of the Social Security Department and, in his/her absence, the Deputy Chief Officer.

Function delegated:

The  power  to  appoint  Determining  Officers  for  the determination of any question arising under or in connection with this Law, including any claim for benefit.

 

Legislation:

Article 33 of the Social Security (Jersey) Law 1974

Delegate:

The Chief Officer of the Social Security Department and, in his/her absence, the Deputy Chief Officer.

Function delegated:

The  power  to  appoint  Determining  Officers  for  the determination of any question arising under or in connection with this Law, including any claim for benefit.

 

Legislation:

Article 9 of the Income Support (Jersey) Law 2007

Delegate:

The Chief Officer of the Social Security Department and, in his/her absence, the Deputy Chief Officer.

Function delegated:

The  power  to  appoint  Determining  Officers  for  the determination of any claim under this Law.

 

Legislation:

Article 8 of the Long-Term Care (Jersey) Law 2012

Delegate:

The Chief Officer of the Social Security Department and, in his/her absence, the Deputy Chief Officer.

Function delegated:

The  power  to  appoint  Determining  Officers  for  the determination of any question arising under or in connection with this Law, including any claim for benefit.

Delegations in respect of the Long-Term Care Scheme

 

Legislation:

Long-Term Care (General Provisions) (Jersey) Order 2014, Article 12

Delegate:

Chief  Officer  of  the  Social  Security  Department  and,  in his/her  absence,  an  Operations  Director  or  Head  of Contributory Benefits.

Function delegated:

The  power  to  appoint,  suspend  and  remove  approved registered  persons  who  may  make  assessments  for  the purposes of Article 5 or 7 of the Long-Term Care (Jersey) Law 2012, or both.

 

Legislation:

Long-Term Care (General Provisions) (Jersey) Order 2012, Article 13

Delegate:

Chief  Officer  of  the  Social  Security  Department  and,  in his/her  absence,  an  Operations  Director  or  Head  of Contributory Benefits.

Function delegated:

The  power  to  approve,  suspend  approval,  and  revoke approval in  respect  of  an  approved  care  home  under  the Long-Term Care (Jersey) Law 2012.

 

Legislation:

Social Security Hypothecs (Jersey) Law 2014, Article 2

Delegate:

Operations Director

Head of Contributory Benefits Contributory Benefits Assistant Manager

Function delegated:

The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry. The power to give notice of the registration of the Social Security hypothec to the debtor.

 

Legislation:

Social Security Hypothecs (Jersey) Law 2014, Article 4

Delegate:

Finance and Governance Director Finance Manager

Function delegated:

The power to cancel a Social Security hypothec, following its extinguishment.

The power to provide notice to the Judicial Greffier of the extinguishment of the debt.

 

Legislation:

Social Security Hypothecs (Jersey) Law 2014, Article 5; and Royal Court (Jersey) Law 1948, Article 13

Delegate:

Operations Director

Head of Contributory Benefits Contributory Benefits Assistant Manager

Function delegated:

The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry. The power to execute the form of notification of the Social Security hypothec.

 

Legislation:

Social Security Hypothecs (Jersey) Law 2014, Article 5; and Royal Court (Jersey) Law 1948, Article 13

Delegate:

Finance and Governance Director Finance Manager

Function delegated:

The power to provide written confirmation to the Judicial Greffier of the extinguishment of the debt.

Note:  The  above  delegations  supersede  those  made  under  MD-S-2015-0010  in

R.14/2015 States  of  Jersey  Law  2005:  delegation  of  functions –  Social Security – revised delegations February 2015.