States of Jersey Law 2005: delegation of functions – Health and Social Services – revised delegations July 2015.

ASSISTANT MINISTERS

1.

Legislation:

States of Jersey Law 2005: Article 28

Delegate:

Assistant Minister – Hospital and Acute Services

Functions delegated:

Responsible for political oversight of Hospital and Ambulance Services.

To deputise for the Minister for Health and Social Services in his absence.

Scope of delegation:

To include strategic planning, property matters, operational delivery and management of associated workforce.

To lodge Propositions, make Statements, respond to Ministerial Questions.

To sign Ministerial Decisions relating to the business areas under these responsibilities.

To hold delegated authority to sign all Ministerial Decisions and manage Ministerial business as necessary to maintain business flow, in the absence of the Minister.

2.

Legislation:

States of Jersey Law 2005: Article 28

Delegate:

Assistant Minister – Mental Health Services

Functions delegated:

Responsible for political oversight of Mental Health Services.

Scope of delegation:

To include strategic planning, operational delivery and management of associated workforce.

To lodge Propositions, make Statements, respond to Ministerial Questions.

PUBLIC HEALTH DIRECTORATE

1.

Legislation:

Food Safety (Jersey) Law 1966

Delegate:

Medical Officer of Health or nominated deputy

Functions 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);

3. 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

Functions 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(3).

3.

Legislation:

Food Safety (Jersey) Law 1966

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 59 – to obtain information as to the ownership of premises to enable the Minister to perform any of the relevant 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

Functions 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), (2), (3), (10) and (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

Functions 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 Article 31(1);

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

Authority is reserved to the Minister as follows – that he 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

Functions delegated:

Article 33(2) and (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(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

Functions 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

Functions 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,  to  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), (b), (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 under Article 9(1).

9.

Legislation:

Statutory Nuisances (Jersey) Law 1999

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 4(1) – to take such steps as are reasonably practicable 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 Article 5(4).

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

Functions 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), (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(1) – to appoint in writing any suitably qualified person to be a designated officer 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 premise.

Article 11 – where there is a proposal to refuse registration under Article 4 or revoke registration under Article .10, 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

Functions delegated:

Article 2(2) – the 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

Functions 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) and (8)(b) of the 1994 Law.

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 Articles 9(1) and 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.

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, under 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

Functions 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 isto 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.

5. 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

Functions 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 –

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

2. 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

Functions 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

Functions 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 according 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

Functions 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

Functions 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

Functions 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)

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Annex 7.2(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

Functions 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

Functions 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

Functions delegated:

Article 3 – to issue a licence under the Article for a doctor to prescribe controlled drugs or substances, as specified in the 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

Functions delegated:

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

25.

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 3 – the keeping and amending of a register of medical practitioners.

Scope of delegation:

1. To keep a register of persons registered as medical practitioners.

2. To enter in the register the prescribed information in respect of the person.

3. To remove from the register the name of a person –

1. who has died;

2. who has requested the cancellation of his or her registration under Article 8: or

3. whose registration has been cancelled under Article 9 of the Law.

26.

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 4 – to make a list of registered medical practitioners available to the Public.

Scope of delegation:

1. To ensure that a list of the names of registered medical practitioners, showing such information regarding their qualification for registration as may be prescribed, is published or made available for viewing at all reasonable times by members of the Public.

2. To determine where and how this list is published.

27.

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 5 – to receive and accept an application for registration as a medical practitioner.

Article 5A – determine whether an applicant meets the requirement for registration under Article 5A(1).

Article 5B – determine whether it is necessary to apply conditions to an applicant's registration in accordance with Article 5B(1).

Article 5C – to issue a certificate following registration of a medical practitioner.

Article 5D – to receive and accept a return containing information prescribed from registered medical practitioners.

Scope of delegation:

1. To receive and accept an application for registration as a medical practitioner under this Law.

2. To register the applicant as a medical practitioner if satisfied that –

1. the applicant fulfils the prescribed requirements for registration; and

2. the application is not made within a period specified in a direction under Article 9(3) of the Law that is in force in relation to the applicant.

3. Before refusing to register an applicant as a medical practitioner by reason of the application not complying with the requirements of Article 5(2) of the Law, to give the applicant an opportunity to make his or her application compliant with the requirements of that provision.

4. Upon refusing an application for registration –

1. to serve notice on the applicant of his or her decision to refuse the application and the reasons for it; and

2. to refund the registration fee paid by the applicant.

5. If deemed necessary to do so –

1. to protect members of the Public;
2. because itis otherwise in the public interest; or
3. in the interests of the person,

to impose a condition on the registration of a person as a medical practitioner either at the time of, or after registration, and to decide the length of time the condition will remain in force in accordance with Articles 5B(3) and (4).

6. To extend the period that any condition remains in force in accordance with Articles 5B(5) and (6)

7. To impose any prescribed mandatory conditions on the registration of a medical practitioner.

8. To issue certificates of registration to medical practitioners in accordance with Article 5C.

The delegation does not extend to determining the fee under Article 5(3).

28.

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 8 – to cancel the registration of a medical practitioner at any time at the request of the practitioner.

Article 9(2)(a) – to determine whether an offence for which a medical practitioner is convicted makes the person unfit to be a medical practitioner under the Law.

Article 9(2)(d) – to determine whether an individual has engaged in conduct of a kind that makes the person unfit to be a medical practitioner under the Law.

To cancel a registration on the grounds set out in Article 9(1) and (2), following the process set out under Article 9(4)

and (5); including determining the reason for the decision to cancel a person's registration.

To direct the period of time for which the registration is cancelled in accordance with Article 9(3).

To restore a person's registration in the case where an appeal is lodged under Article 10B of the Law.

To determine under Article 9(8) whether the grounds on which a registration was cancelled are so serious that the cancellation should continue.

Scope of delegation:

1. To cancel the registration at any time, on the receipt of a written request from the medical practitioner.

2. To cancel the registration of a medical practitioner if s/he –

1. ceases to fulfil the requirements prescribed under Article 5A(1)(a) of the Law;

2. has obtained registration by fraudulent means; or

3. has not provided a return within 60 days, following a request by notice in writing, as required under Article 5D of the Law;

4. is convicted of an offence that makes him or her unfit to be a medical practitioner;

5. has failed to comply with a condition imposed under Article 5B(1) or (7) on his or her registration;

6. is found to have engaged in behaviour that constituted a contravention of or a failure to comply with, any term or condition of any authority to practise as a medical practitioner by virtue of which authority s/he fulfils the requirements for registration prescribed under Article 5A(1)(a).

3. Before cancelling a person's registration to give the person an opportunity to make representation and to receive such representation.

(d)  To serve notice on a person whose registration is cancelled that sets out –

1. the decision to cancel the registration;
2. the reasons for the decision;

3. the period during which the person shall not be registered.

29.

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 10(1) – to suspend and remove the suspension of a medical practitioner's registration.

Article 10(2) – to determine whether there may be grounds for cancellation of a person's registration as a medical practitioner and in such circumstances suspend their registration.

Article 10(3) – to extend a suspension.

Article 10(4) – to serve a notice on a person whose registration is suspended or whose suspension is extended.

Scope of delegation:

1. To suspend a medical practitioner's registration on becoming aware that the authority to practise by virtue of which the person fulfils the requirement for registration prescribed under Article 5A(1)(a) of the Law has been suspended; and

2. end a person's suspension upon becoming aware that the person's authority to practise is no longer suspended;

3. where there may be grounds for cancellation of a person's registration, to suspend a person's registration as a medical practitioner while enquiries are conducted, for a period not exceeding 3 months;

4. extend a suspension on one or more occasions for, on each occasion, a period not exceeding 3 months;

5. serve notice on a person whose registration is suspended or the suspension extended of –

1. the decision to suspend or extend the suspension of the person's registration,

2. the reason for the decision to suspend the registration,

3. the period for which the suspension has effect.

30.

Legislation:

Medical Practitioners (Registration) (Jersey) Law 1960

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 10A(1) – to receive and accept an application to amend a direction given under Article 9(3) of the Law.

Article 10A(2) – to determine whether or not to amend a direction given under Article 9(3) of the Law in relation to a person making an application.

Article 10A(3) – to inform the person of the decision in relation to an application to amend a direction by serving a notice that includes the reasons for the decision.

Scope of delegation:

1. To receive and accept, from a person whose registration is cancelled on the grounds set out in Article 9(1)(b)

or (2), an application to amend a direction specifying the period before the person can re-apply for registration under Article 5A.

2. After receiving an application, to determine whether or not to amend the period before the person can re-apply for registration as a medical practitioner.

3. To inform the applicant in writing about the decision and the reasons for the decision.

31.

Legislation:

Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 4(1)(a) and (2) – to supply an application form and determine what documents may be required from a person applying for registration as a medical practitioner to verify the information specified in the application.

Scope of delegation:

The delegation does not extend to determining the fee that should accompany the application.

32.

Legislation:

Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 6(3) – to receive and accept written information from a medical practitioner of any changes in circumstances under this Article.

Article 6(4) – to receive and accept written information from a medical practitioner of any changes in the information provided by the person at the time of applying for registration.

Article 6(5) – to receive and accept evidence of any name change.

33.

Legislation:

Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 7 (1) – to require a registered medical practitioner to verify or provide information of any changes in the specified information held by the registrar in respect of the person.

Article 7(2) – to send a registered medical practitioner a statement of all or any of the specified information held by the registrar.

Article 7(3)(c) – to determine the date by which the information should be returned and accept the returned statement.

34.

Legislation:

Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 8(1) – to pass on any information that raises or may raise an issue about a medical practitioner's fitness to practise to the person's responsible officer.

35.

Legislation:

Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

Article 4(2) – to appoint a responsible officer for each class of medical practitioners.

Article 4(2) – to determine if there is a conflict of interest or an appearance of bias between a responsible officer and a medical practitioner, and in such cases where there is a conflict of interest or appearance of bias, to appoint a second responsible officer.

Article 4(3) – to ensure that under Article 4(2), there is no conflict of interest or appearance of bias between the second responsible officer and the medical practitioner.

36.

Legislation:

Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

SCHEDULE 1

Paragraph 2(c)(ii) – to receive and accept referrals relating to concerns about a medical practitioner from the responsible officer for the Responsible Officers class for the purpose of discharging functions under the Law.

SCHEDULE 2

Paragraph 2(c)(ii) – to receive and accept referrals relating to concerns about a medical practitioner from the responsible officer for the States Employees class for the purpose of discharging functions under the Law.

SCHEDULE 3

Paragraph 2(c)(ii) – to receive and accept referrals relating to concerns about a medical practitioner from the responsible officer for Performers class for the purpose of discharging functions under the Law.

SCHEDULE 4

Paragraph 2(c)(ii) – to receive and accept referrals relating to concerns about a medical practitioner from the responsible officer for the Independent Practitioners class for the purpose of discharging functions under the Law.

SCHEDULE 5

Paragraph 2(2)(d) – to receive and accept referrals relating to concerns about a medical practitioner from the responsible officer for the UK Connected Practitioners class for the purpose of discharging functions under the Law.

37.

Legislation:

Medical Practitioners (Registration) (Responsible Officers) (Jersey) Order 2014

Delegate:

Medical Officer of Health or nominated deputy

Functions delegated:

SCHEDULE 6

Paragraph 1 – to authorize in writing a person to be an inspector'.

Paragraph 3 – to receive and accept from a responsible officer information, copies and photographs related to a concern that raises or may raise issues about a medical practitioner's fitness to practise for the purpose of discharging functions under the Law.

SURGICAL SERVICES DIRECTORATE

1.

Legislation:

Termination of Pregnancy (Jersey) Law 1997

Delegate:

Directorate Manager, Surgery or nominated deputy

Functions delegated:

Article 6(1)(3) – to approve and 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

Functions delegated:

Article 6(2) and (3) – to authorise and 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

Functions delegated:

Article 4(2)(b) – to issue a general licence to permit the importation or exportation of controlled drugs, as specified in the Second 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

Functions delegated:

Article 4(2)(b) – to issue a licence to permit the importation or exportation of controlled drugs, as specified in the Second 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

Functions 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

Functions 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) and (3) and 97(1) to (8).

5.

Legislation:

Poisons (Jersey) Law 1952

Delegate:

Chief Pharmacist or nominated deputy

Functions 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:

Pharmacists and Pharmacy Technicians (Registration) (Jersey) Law 2010

Delegate:

Chief Pharmacist or nominated deputy

Functions delegated:

Article 2 – to keep and maintain a register of persons registered as pharmacists or pharmacy technicians.

Article 6(1) – to register an applicant as a pharmacist.

Article 8 – to issue a certificate of registration to a person registered as a pharmacist.

Articles 9(3) and 10(1) – to cancel a person's registration as a pharmacist.

Article 17(1) – to register an applicant as a pharmacy technician.

Article 19 – to issue a certificate of registration to a person registered as a pharmacy technician.

Articles 20(3) and 21(1) –to cancel a person's registration as a pharmacy technician.

Scope of delegation:

To only register a person as a pharmacist if the application satisfies the provisions of Articles 5 and 6.

To only register a person as a pharmacy technician if the application satisfies the provisions of Articles 16 and 17.

To only cancel a person's registration as a pharmacist if the provisions of either Article 9 or 10(1) are satisfied.

To only cancel a person's registration as a pharmacy technician if the provisions of either Article 20 or 21(1) are satisfied.

7.

Legislation:

Medicines (Health Professionals – Exemption) (Jersey) Order 2001

Delegate:

Chair of Health and Social Services Medicines Governance Committee

Functions 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.

8.

Legislation:

Medicines (Veterinary Drugs) (Jersey) Order 2011

Delegate:

States Veterinary Officer

Functions 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 AND SOCIAL SERVICES DIRECTORATE

1.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

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

4.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

Article 20(1) and (2) – to provide accommodation and maintenance for any child it looks after, and to 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, Community and Social Services, or nominated deputy

Functions 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.

Article 21(4) and (5) – to give assistance, such as a grant or contribution to expenses for 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:

Managing Director, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

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

11.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

Article 29(1)–(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 that the Children's Service intend to make available.

14.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

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

16.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

Article 42(1)–(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.

17.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

Article 50(1)–(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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

Article 54(4)–(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, Community and Social Services, or nominated deputy

Functions delegated:

Article 55(1)–(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, Community and Social Services, or nominated deputy

Functions delegated:

Article 57(1)–(2) – to satisfy itself that any Voluntary Home is satisfactory to safeguard and promote the welfare of a child, and to take appropriate action where it is not satisfied.

25.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

Article 59(6), (7) and (8) – to request information as to the whereabouts of a child who was privately fostered, to exempt a 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

Article 61(1)–(2) – to satisfy that the welfare of privately fostered children is safeguarded and promoted by ensuring that a child is visited from time to time; and if not satisfied, to take reasonable steps to secure alternative care and accommodation of the child.

28.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

Article 20 and Schedule 2, Part 1(2) – unless not reasonable or consistent for the child, to 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, Community and Social Services, or nominated deputy

Functions delegated:

Article 20 and Schedule 2, Part 1, paragraph 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, Community and Social Services, or nominated deputy

Functions delegated:

Article 20 and Schedule 2, Part 1, paragraph 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, Community and Social Services, or nominated deputy

Functions delegated:

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

34.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

Article 20 and Schedule 2, Part 2, paragraphs 6 and 7 –

to recover contributions, having made any enquiries considered necessary to ascertain the contributor's means toward the child's maintenance, for any child looked after', subject to the provisions of the paragraph.

35.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

Article 20 and Schedule 2, Part 2, paragraph 8 –

(1)  To apply to the court for a contributions order, subject to the provisions of the paragraph.

(5)(b)  Where another contributions order is agreed, the Court shall be notified of the agreement and the date on which it took effect.

(6)  To vary or revoke a contributions order.

(7)  To specify such information as described in paragraph 7(a) and (b) in proceedings for the variation of a contributions order.

36.

Legislation:

Children (Jersey) Law 2002

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

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

37.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

Article 2(1) – to continue to maintain an Adoption Service to meet the needs of infants who have been or may be adopted, the parents of such infants, and persons who have adopted or may adopt.

38.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

Article 3 – to promote the welfare of infants, by having regard for all the circumstances of the welfare of each infant, and so far as is practicable, to ascertain their wishes and feelings.

39.

Legislation:

Adoption (Jersey) Law 1961

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

Article 4 – to have regard, 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

Article 37 – to make a representation to the court for a protected child to be removed from a person or premises 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 (Jersey) Law 1961

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

Articles 8–9 – 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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

Article 24(3)–(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, Community and Social Services, or nominated deputy

Functions 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, Community and Social Services, or nominated deputy

Functions delegated:

Article 43(3), (4) and (9) – to report to H.M. Attorney General any potential interdict and reinstatements.

51.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

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

52.

Legislation:

Mental Health (Jersey) Law 1969

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

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

53.

Legislation:

Mental Health (Jersey) Law 1969; and

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions 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; and

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

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

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

55.

Legislation:

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

Delegate:

Managing Director, Community and Social Services, or nominated deputy

Functions delegated:

Article 9(1)–(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

Functions 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

Functions 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 – Hospital and Acute Services

Functions delegated:

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

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

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

COMPLAINTS POLICY

Policy/Procedure:

Health and Social Services Complaints Policy

Delegate:

Assistant Minister

Functions delegated:

To chair the Panel for appropriate stage(s) of Complaints Reviews and/or Hearings under the Complaints 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's responsibilities are delegated to other officers.

Functions delegated:

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