States of Jersey Law 2005: delegation of functions – Minister for the Environment – additional delegations December 2019

2019  R.147

REPORT

On  29th  November  2019,  the  Minister  for  the  Environment  made  a  Ministerial Decision delegating certain of his functions under Articles 28, 30 and 30A of the States of Jersey Law 2005 (MD-PE-2019-0106, 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.

(1A)  A Minister shall not delegate to an Assistant Minister any function the

delegation of which is wholly prohibited by an enactment.

(1B)  Where a Minister delegates to an Assistant Minister a power to make an

enactment, paragraphs (4) and (5) of Article 26 shall apply to the making of an enactment by the Assistant Minister, in exercise of the delegated power,  as  they  would  apply  to  the  making  of  the  enactment  by  the Minister.

2. A Minister shall not delegate to an officer –

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 wholly, or to an officer, by an enactment.

3. The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.
4. 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.
5. 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.

3

6. The  States  may  by Regulations  amend  the  definition  "officer"  in paragraph (5)."

"30  Ministerial delegations to be presented to States

1. A Minister who delegates functions under Article 28 shall present to the States a report specifying the functions delegated and to whom.
2. A Minister shall not be required to present a report under paragraph (1) where the delegation is so immediate and of such brief duration that it is not practicable to present the report before the delegation ends.

30A  List of delegations to be published

1. The  Chief  Minister  shall  cause  to  be  established,  maintained  and published a consolidated list of –

1. the functions for the time being discharged by the Chief Minister and by each Minister;
2. the functions for the time being delegated by the Chief Minister and each Minister under Article 28, and to whom.

2. The list shall also specify which Minister is discharging, for the time being, the functions of another Minister under Article 27(1) or (2).
3. The information described in paragraph (1)(b) or (2) is not required to be incorporated in the list where the period for which the delegation has effect or for which one Minister's functions are being discharged by another  is  so  immediate  and  of  such  brief  duration  that  it  is  not practicable to amend and publish the list to incorporate the information before the end of the period.
4. It shall be sufficient if the list is published on a website."

 _____________________________________________________________________________________________________________

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 follows.

 _____________________________________________________________________________________________________________

R.147/2019