States of Jersey Law 2005: delegation of functions – States Employment Board.

STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – STATES EMPLOYMENT BOARD

Presented to the States on 24th October 2017 by the States Employment Board

STATES GREFFE

2017  R.118

REPORT

On 20th October 2017, the States Employment Board ("SEB") decided to delegate certain of its functions under Article 10(1) of the Employment of States of Jersey Employees (Jersey) Law 2005 ("the Law"). The terms of the delegations, and the legislation under which those delegations were made, were recorded in a Report of the SEB, as follows.

Article 10(1) of the Law permits the SEB to delegate any of its powers or functions under the Law to any of its members, or to the Chief Executive Officer ("CEO"). Article 10(3) provides for powers or functions delegated to the CEO to be further delegated to another person, as prescribed.

The Law states, inter alia –

"10  Delegation

1. The States Employment Board may, by instrument in writing, delegate to any of its members, or to the Chief Executive Officer, any of its powers or functions under this Law.
2. If a power or function has been delegated under paragraph (1) to a member of the States Employment Board, the member may, with the approval of the States Employment Board, delegate by instrument in writing the power or function to the Chief Executive Officer.
3. If a power or function has been delegated under paragraph (1) or (2) to the Chief Executive Officer, he or she may, with the approval of the States Employment  Board,  delegate  by  instrument  in  writing  the  power  or function to another person who is –

1. a person approved by the States Employment Board; or
2. a member of a class of persons approved by the States Employment Board."

The statutory functions of the SEB are set out in Article 8 of the Law. Other than in the case of Article 8(1)(a), where policy matters with significant resource implications are involved; and Article 8(5), which addresses remuneration and other related matters, it is recommended that the SEB delegates its powers to the CEO.

"8  Functions of States Employment Board

1. The States Employment Board shall –

1. employ persons on behalf of the States and administrations of the States;
2. ensure  that  the  public  service  conducts  itself  with  economy, efficiency, probity and effectiveness;
3. ensure the health, safety and well-being of States' employees;
4. determine  any  other  matter  that  may  reasonably  be  considered necessary for the proper administration and management of States' employees; and
5. discharge  any  other  function  conferred  on  it  by  or  under  any enactment.

2. The States Employment Board shall, for the purpose of the discharge of the functions described in paragraph (1)(a) to (c) –

1. give directions regarding consultation or negotiation with States' employees, or with representatives of States' employees, concerning the terms and conditions of employment of States' employees;
2. issue codes of practice concerning –

1. the training and development needs of States' employees,
2. the procedures for recruitment of States' employees,
3. the procedures for appraisal of the performance of States' employees,
4. the procedures for disciplining, suspending and terminating the employment of States' employees, and
5. interventions by the Commission under Article 26A.

3. The States Employment Board may issue codes of practice concerning any other matter relating to the employment of States' employees.
4. In paragraph (2)(b)(ii), "States' employees" includes a person who is to be treated as a States employee by virtue of Article 15(2).
5. The  functions  referred  to  in  paragraph (1)(e)  include  the  functions conferred by Article 8(1) of the  Departments of the Judiciary and the Legislature (Jersey) Law 1965, Article 3 of the Loi (1864) concernant la charge de Juge d'Instruction and Article 41(5) of the  States of Jersey Law 2005."

Under Article 10 of the Law, the SEB can delegate its powers to ensure compliance with the  Codes  of  Practice  issued  under  Article 8(2)(b).  It  is  recommended  that  this delegation should be to the CEO, and thence to the Chief Officers or the relevant head of administration of the States in the case of a non-executive department.

It is proposed that the following functions could then be further delegated with the approval of the SEB in the following manner –