Notice Under Article 29a(3) of the States of Jersey Law 2005: Changes to Ministerial Offices

STATES OF JERSEY

NOTICE UNDER ARTICLE 29A(3) OF THE STATES OF JERSEY LAW 2005: CHANGES TO MINISTERIAL OFFICES

Presented to the States on 13th February 2024 by the Chief Minister

STATES GREFFE

2024  R.23

2

REPORT

Article 29A(3) of the States of Jersey Law 2005 requires the Chief Minister to present a report to the States Assembly for a 14-day notice period before making an Order to amend the name by which a Minister is described and/or to make provision relating to a Minister's functions (including their transfer from one Minister to another).

Accordingly, this report appends a draft Order (see below) that would achieve the proposed  changes  to  Ministerial  Offices,  as  set  out  below,  and  which  makes consequential legislative amendments, and commences a notice period of 14 days.

It is intended that the Order will be finalised and made at the conclusion of the 14-day notice period.

Proposed Changes

Transfer of responsibility for Financial Services

The Chief Minister intends to transfer political and legal responsibility for financial services from the Chief Minister to the Minister for External Relations.

Separation of the office of Minister for Children and Education

The Chief Minister intends to separate the office of the Minister for Children and Education into the "Minister for Children and Families" and the "Minister for Education and Lifelong Learning", and transfer powers accordingly.

This change shall give effect to the Chief Minister's Nomination Statement and the decision of the States Assembly to appoint Connétable R. Vibert of St Peter as Minister for Children and Education with the view of him becoming the Minister for Children and Families as and when the role was created.

Additionally, the change will allow the Chief Minister to nominate Deputy R. Ward of St Helier Central for the role of Minister for Education and Lifelong Learning, again, as identified in the Chief Minister's Nomination Statement.

Renaming of the Minister for Housing and Communities

At the request of the Minister for Housing and Communities, the Chief Minister intends to amend the title of the current "Minister for Housing and Communities" to the "Minister for Housing".

R.23/2024

Draft Changes to Ministerial Offices (Jersey) Amendment Order 202-  Contents

DRAFT CHANGES TO MINISTERIAL OFFICES (JERSEY) AMENDMENT ORDER 202-

Contents

Article

1  Minister for Children and Education renamed as Minister for Education and Lifelong

Learning ......................................................................................................................... 2 2  Minister for Children and Families established ............................................................. 2 3  Minister for Housing and Communities renamed as Minister for Housing................... 2 4  Financial services functions transferred from Chief Minister to Minister for External

Relations ........................................................................................................................ 2 5  Citation and commencement ........................................................................................ 3

SCHEDULE 1  4

AMENDMENTS TO REFLECT NEW MINISTERIAL NAME: MINISTER FOR EDUCATION AND LIFELONG LEARNING  4

SCHEDULE 2  5 AMENDMENTS TO TRANSFER FUNCTIONS FROM MINISTER FOR EDUCATION AND LIFELONG

LEARNING TO MINISTER FOR CHILDREN AND FAMILIES  5

SCHEDULE 3  7 AMENDMENTS TO REFLECT NEW MINISTERIAL NAME: MINISTER FOR HOUSING  7

SCHEDULE 4  8

AMENDMENTS TO TRANSFER FUNCTIONS FROM CHIEF MINISTER TO MINISTER FOR EXTERNAL RELATIONS  8

DRAFT CHANGES TO MINISTERIAL OFFICES (JERSEY) AMENDMENT ORDER 202-

Made  [date to be inserted] Coming into force  [date to be inserted]

THE CHIEF MINISTER makes this Order under Article 29A of the States of Jersey Law 2005 after complying with paragraph (3) of that Article –

1  Minister for Children and Education renamed as Minister for Education and

Lifelong Learning

1. In Article 1 (current list of Ministerial offices) of the States of Jersey (Ministerial Offices)  Order 2022  for  "the  Minister  for  Children  and  Education"  there  is substituted "the Minister for Education and Lifelong Learning".
2. Schedule 1 contains amendments to reflect the new name for the Ministerial Office, in relation to the functions being retained by that Ministerial Office.

2  Minister for Children and Families established

1. In Article 1 (current list of Ministerial offices) of the States of Jersey (Ministerial Offices) Order 2022 before "the Minister for Education and Lifelong Learning" (as substituted by Article 1(1) of this Order) there is inserted "the Minister for Children and Families".
2. Schedule 2 contains amendments that transfer some of the functions of the Minister for Education and Lifelong Learning to the Minister for Children and Families.

3  Minister for Housing and Communities renamed as Minister for Housing

1. In Article 1 (current list of Ministerial offices) of the States of Jersey (Ministerial Offices) Order 2022 for "the Minister for  Housing and Communities" there is substituted "the Minister for Housing".
2. Schedule 3 contains amendments to reflect the new name for the Ministerial Office.

4  Financial services functions transferred from Chief Minister to Minister for

External Relations

Schedule 4 contains amendments that transfer financial services functions from the Chief Minister to the Minister for External Relations.

5 Citation and commencement

This Order may be cited as the Changes to Ministerial Offices (Jersey) Amendment Order 202- and comes into force at 9.30 am on 27th February 2024.

 SCHEDULE 1

(Article 1(2))

AMENDMENTS TO REFLECT NEW MINISTERIAL NAME: MINISTER FOR EDUCATION AND LIFELONG LEARNING

In each provision in the following table, for "Minister for Children and Education" there is substituted "Minister for Education and Lifelong Learning" –

SCHEDULE 2

(Article 2(2))

AMENDMENTS TO TRANSFER FUNCTIONS FROM MINISTER FOR EDUCATION AND LIFELONG LEARNING TO MINISTER FOR CHILDREN AND FAMILIES

1. In each provision in the following table, for "Minister for Children and Education" there is substituted "Minister for Children and Families" –

2. In Schedule 1 to the Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018, for paragraph 1(11)(e) there is substituted –

"(e)  if the child is looked after by the Minister for Children and Families,

details of any personal education plan prepared by the Minister for Education and Lifelong Learning.".

SCHEDULE 3

(Article 3(2))

AMENDMENTS TO REFLECT NEW MINISTERIAL NAME: MINISTER FOR HOUSING

In each provision in the following table, for "Minister for Housing and Communities" there is substituted "Minister for Housing" –

SCHEDULE 4

(Article 4)

AMENDMENTS TO TRANSFER FUNCTIONS FROM CHIEF MINISTER TO MINISTER FOR EXTERNAL RELATIONS

1. In each provision in the following table, for "Chief Minister" there is substituted "Minister for External Relations" –

2. In Part 1 (specified persons) of the Schedule to the Companies (Takeovers and Mergers Panel) (Jersey) Law 2009, after "Chief Minister" there is inserted –

"1A  Minister for External Relations".

EXPLANATORY NOTE

This Order:

• renames the Minister for Children and Education as the Minister for Education and Lifelong Learning;

• establishes the Minister for Children and Families and transfers some of the functions of the Minister for Education and Lifelong Learning to the Minister for Children and Families;

• renames the Minister for Housing and Communities as the Minister for Housing; and

• transfers financial services functions from the Chief Minister to the Minister for External Relations.

Article 1 amends the States of Jersey (Ministerial Offices) Order 2022 (the "Ministerial Offices Order") to rename the Minister for Children and Education as the Minister for Education and Lifelong Learning. It also introduces Schedule 1, which amends other legislation to reflect the new name of the Ministerial Office in relation to the functions that are being retained by that Office.

Article 2 amends the Ministerial Offices Order to establish the Minister for Children and Families. It also introduces Schedule 2, which amends other legislation to transfer some of the functions of the Minister for Education and Lifelong Learning to the Minister for Children and Families.

Article 3  amends  the  Ministerial  Offices  Order  to  rename  the  Minister  for  Housing  and Communities as the Minister for Housing. It also introduces Schedule 3, which amends other legislation to reflect the new name of the Ministerial Office.

Article 4 introduces Schedule 4, which amends legislation to transfer financial services functions from the Chief Minister to the Minister for External Relations.

Article 5 gives the title of this Order and states that it comes into force at 9.30 am on 27th February 2024.