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STATES OF JERSEY
STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – MINISTER FOR CHILDREN AND EDUCATION – DIRECTOR GENERAL CHILDREN, YOUNG PEOPLE, EDUCATION AND SKILLS
Presented to the States on 22nd April 2021 by the Minister for Children and Education
STATES GREFFE
2021 R.67
REPORT
On 22 April 2021, the Minister for Children and Education made a Ministerial Decision delegating certain of his functions under Articles 28, 30 and 30A of the States of Jersey Law 2005 (see Decision reference MD-ESC-2021-0006., 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.
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The Law states, inter alia –
"28 Power of Minister to delegate functions
- 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 –
- one of his or her Assistant Ministers;
- 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.
- A Minister shall not delegate to an officer –
- any power to make an enactment;
- any power to decide an appeal under an enactment;
- any function the delegation of which is prohibited wholly, or to an officer, by an enactment.
- The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.
- 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.
- 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.
- The States may by Regulations amend the definition "officer" in paragraph (5)."
3
"30 Ministerial delegations to be presented to States
- A Minister who delegates functions under Article 28 shall present to the States a report specifying the functions delegated and to whom.
- 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
- The Chief Minister shall cause to be established, maintained and published a consolidated list of –
- the functions for the time being discharged by the Chief Minister and by each Minister;
- the functions for the time being delegated by the Chief Minister and each Minister under Article 28, and to whom.
- The list shall also specify which Minister is discharging, for the time being, the functions of another Minister under Article 27(1) or (2).
- 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.
- It shall be sufficient if the list is published on a website."
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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: | States of Jersey Law 2005: Article 26(1)(c) |
Delegate: | Director General - Children, Young People, Education and Skills (CYPES) |
Functions delegated: | The power to –
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R.67/2021
Scope of delegation: | Up to £500,000, but subject in all instances to the specific obligations held as Accountable Officer; as well as the general responsibilities of the postholder as a senior official, including ensuring the Minister for Children and Education and other relevant Ministers are duly informed, sufficiently in advance to provide direction, on contentious matters or matters of specific political or public interest, with reference to the size of any contract and/or the extent of its direct impact on Islanders. The delegation includes the ability of the Director General – CYPES, to schedule to their subordinate managers approval powers within their own delegation limits. To note, in all instances Accountable Officers retain statutory responsibilities by virtue of their role, including ensuring financial propriety and regularity, and that resources are used economically, efficiently and effectively. |
Legislation: | States of Jersey Law 2005: Article 26(1)(c)(iii) and (vi) |
Delegate: | Director General - Children, Young People, Education and Skills (CYPES) |
Functions delegated: | All powers in relation to the management of data collected or held by Government under the Data Protection (Jersey) Law 2018, Freedom of Information (Jersey) Law 2015, and Public Records (Jersey) Law 2002, in the areas for which the Minister for Children and Education is responsible. |
Scope of delegation: | Unlimited, but subject in all instances to the general responsibilities of the postholder as a senior official, including ensuring the Minister for Children and Education and other relevant Ministers are kept generally informed, with specific reference to the perceived political or public interest and/or the extent of direct impact on Islanders. The delegation includes the ability of the Chief Executive to schedule to their subordinate managers tasks in relation to the management of data. |