States Assembly | P-65-2010

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STATES OF JERSEY

DELEGATION OF FUNCTIONS BY MINISTERS: REVIEW OF REPORTING PROCEDURES

Lodged au Greffe on 25th May 2010 by Deputy P.V.F. Le Claire of St. Helier

STATES GREFFE

2010 Price code: C P.65

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to request the Council of Ministers to review the current system of reporting delegations of functions by Ministers and to report back to the States within 3 months setting out how a new system could be introduced to allow for a clearer and more readily understandable reporting of all such decisions in the future.

DEPUTY P.V.F. LE CLAIRE OF ST. HELIER

The current way that Ministerial Decisions are made, in relation to delegation of functions, has caused me to question whether or not the system is adequate for now and robust enough to guarantee it will be, for the future. In the Report below there are highlighted some of the issues that have been identified. In R.56/2010 presented to the States on 19th May 2010 by the Minister for Transport and Technical Services (see Appendix 1) we see that certain functions have been delegated, but we and the public have no clear understanding as to how and why these decisions have been taken. I am not for one minute suggesting that the Minister or his Assistant Ministers should carry out all of the functions of their departments, but what I am suggesting is that a clearer way of reporting will safeguard the political oversight that is necessary to give re- assurance to members and the public that all is well. It is clearly happening at the moment with some departments and in the Appendix one can see a thorough delegation report (R.17/2010) that was presented by the Minister for Planning and Environment earlier (see Appendix 2). I think the process needs to be standardised and the web pages need to reflect the improvements that can be made also. I also believe that the Minister must be briefed by the officers at the time that he is signing the decision and therefore the knowledge of the delegation and the rationale must be available in a Ministerial Brief of some written form or another at the time the Minister decides. If he is not availed of one, he ought to be.

I wonder if this extract from the proposition below opens any eyes!

Has the Chief Minister complied with his duty under Article 30 of the States of Jersey Law 2005 and where is the list to be found?

Moreover is the report up-to-date as time has worn on as it suggests an area of concern?

EXTRACT FROM DRAFT STATES OF JERSEY (AMENDMENT No. 5) LAW 200- (P.122/2008 Lodged au Greffe' on 29th July 2008 by the Privileges and Procedures Committee)

Article 3 – Delegation of functions by Ministers

Article 3 substitutes current Article 30 and inserts a new Article 30A in the States of Jersey Law 2005.

During the above Machinery of Government Review, the sub-committee noted confusion as to who was responsible for general and statutory functions during the temporary, or longer term, absence of the Minister. The manner in which Assistant Ministers are delegated to act for Ministers in their absence is also somewhat unclear. In practice, most Assistant Ministers deputised for their Minister when he or she was unwell or out of the Island. In most cases this extended across the entire spectrum of ministerial responsibility, although there are certain matters that cannot, in law, be delegated to an Assistant Minister. These include, importantly, the ability to make Orders and, in the absence of a Minister, these must be made by the Chief Minister or another Minister appointed by the Chief Minister to undertake the functions of the absent Minister.

The publication of delegation of functions is not very straightforward –

Under Article 30 of the States of Jersey Law 2005 as currently drafted, the Chief Minister has a duty to maintain a list of responsibilities carried out by Ministers and Assistant Ministers and the functions exercisable by them. This report is an overarching report which is not detailed, and which might not be up to date as time wears on in the life of the Assembly.
In addition, each Minister publishes a report in the R' series when statutory functions have been delegated. This has not been a

statutory requirement but has been considered to be the most effective way forward. For a number of departments, several of such reports exist. Delegations of general areas of activity will be recorded in a Ministerial Decision which will be available on the www.gov.je website (and again there may be more than one) and will be a

matter of public record. Temporary delegations have not been recorded.

As there are a number of documents in a number of places setting out the delegations, it is difficult therefore track down and verify all the functions delegated by a Minister to an Assistant Minister.

The purpose of the amendment is to provide that –

When statutory functions are delegated, they must be reported to the States Assembly (except that very short-term delegations do not need to be reported). This reflects the current practice but makes it a formal statutory requirement.
The Chief Minister shall establish and maintain a published list of the functions of each Minister, and of the functions which have been delegated to others. This will provide that there is one list in one place that will give all the necessary information on delegated functions.
This list may be published and maintained on a website. In practice it is intended that the list will be published on a website so that it will be capable of being updated simply and will be easily accessible.

The Explanatory Note went on to say –

Article 3 substitutes Article 30 of the principal Law. Currently, Article 30 requires the Chief Minister to establish, maintain and publish a list of Ministers and Assistant Ministers and the functions exercisable by each of them. The substituted Articles are as follows –

30 Ministerial delegations to be presented to States

This Article codifies a practice already adopted by Ministers by requiring them to present to the States a report of any functions delegated by them, and to whom. A report is not required if the delegation is spontaneous rather than pre-planned and will be in place for such a short period of time that the delegation will have ended before the report is presented.

30A List of delegations to be published

This Article expands upon the duty currently imposed on the Chief Minister by the existing Article 30. The Chief Minister is charged with maintaining an up-to-date list containing the following information –

the functions for the time being delegated by Ministers and
in the event of the absence, incapacity or suspension pending dismissal, of a Minister or in the event of a vacancy in the office of a Minister, the name of the other Minister who is, for the time being, discharging the functions of the first-mentioned Minister's office.

It would be sufficient for the information to be published on a website. There is no requirement to publish if the delegation or standing-in' of one Minister for another is spontaneous rather than pre-planned and will be of such brief duration that it will have ended before the information can be published.

Financial and manpower implications

I believe that this can be done within existing resources.

APPENDIX 1

On 17th May 2010, the Minister for Transport and Technical Services made a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-T-2010-046, available at www.gov.je).

The terms of the delegations, and the legislation under which those delegations were made, were recorded in a Schedule attached to the Ministerial Decision, as shown below –

------------------------------------------------------------------------------------------------------------- DRAINAGE (JERSEY) LAW 2005

SCHEDULE OF AUTHORISED PERSONS

Authorised Person	Authorised to exercise power under Articles
Chief Executive Officer	8, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 30, 31, 34, 35, 37
Director of Waste Management	8, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 30, 31, 34, 35, 37
Principal Engineer, Liquid Waste	8, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 30, 31, 34, 35, 37
Senior Engineer, Drainage Design	8, 12, 13, 14, 15, 16, 17, 18, 19, 23, 27, 30, 31, 34, 35, 37
Records Manager	8, 12, 13, 14, 15, 16, 17, 18, 19, 23, 30, 31, 34, 35, 37
Manager – Liquid Waste Treatment	22, 23, 24, 25, 26, 27, 34, 35, 37
Senior Engineer – Contracts Management	15, 16, 17, 23, 27, 30, 31, 34, 35, 37
Manager – Waste Compliance	15, 16, 22, 23, 24, 25, 26, 27, 34
Assistant Manager Drainage	15, 16, 31, 34
Assistant Manager Drainage Maintenance	15, 16, 31, 34
Leading Chargehand Drainage Investigations	15, 34
Chargehand Drainage Survey	15, 34
Senior Surveyor	34
Surveyor	34
Departmental Duty Officers	34

Article	Title	Brief Description
8	Sewers and drains to the sea	Restricts discharge to sea shore without consent
12	Adoption of other sewerage facilities	Power to adopt sewerage facilities as public
13	Separation of foul and surface water sewers	Power to reserve sewer for foul or surface water only
14	Obligation to connect to public sewer	Power to require property owner to connect to the sewer
15	Repair of sewers and drains by owners	Power to examine sewer or drain and require property owner to repair
16	Restricted discharges into sewers and drains	Restricts surface water from being discharged to foul sewers without consent
17	Disturbance of public sewers	Restricts building close to sewer, or connecting to sewer, without consent
18	Septic tanks	Restricts use of septic tanks where property is connected to sewer
19	Abandonment of public sewerage facilities	Power to discontinue or prohibit use of public sewer
22	Trade effluent discharge consents	Power to issue a discharge consent
23	Production of plans and furnishing of information	Requirement on owner to provide information on discharge
24	Variation, suspension and revocation	Power to amend trade discharge consent
25	Transfers	Power to transfer trade discharge consent to new holder
26	Information about harmful effluent	Power to request information about nature of trade discharge
27	Control of harmful effluent	Power to require person to dispose of harmful trade effluent
30	Alternation of designated flood defences	Restricts alterations without consent
31	Repair of other flood defences	Power to require work to be undertaken by owner on flood defences
34	Exercise of ancillary powers	Powers of entry for inspection, survey purposes, etc.
35	Remedial action by person causing damage	Power to require owner to correct damage
37	Remedial action by Minister	Power for TTSD to correct damage at owners cost

APPENDIX 2

REPORT

On 10th February 2010, the Minister for Planning and Environment made a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-PE-2010-0021, available at www.gov.je).

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 –

------------------------------------------------------------------------------------------------------------

Planning and Building Services Division

Unless otherwise stated, any reference to an Article in this section is a reference to the Article so numbered in the Planning and Building (Jersey) Law 2002, as amended.

The Delegations

By virtue of the power conferred on him by Article 9A of the Planning and Building (Jersey) Law 2002, and subject to the conditions set out in section 2 below, the Minister has delegated to the Planning Applications Panel the functions conferred upon or vested in him under –

Articles 9, 11(3) to (6), 13(1) to (3), 14 to 17, 19 to 24, 26 and 28 concerning planning applications;
Articles 40, 42 and 45 concerning enforcement;
Article 54(2)(a) concerning works to Sites of Special Interest;
Article 61(1)(a) concerning works to a Protected Tree;
An Order made under Article 76 concerning the display of advertisements; and
An Order made under Article 81 concerning movable structures.

By virtue of the power conferred on him by the States of Jersey Law 2005 the Minister has delegated to the officers specified below (individually, an "authorised officer" and collectively, "the authorised officers") the functions conferred on or vested in him specified below.
The Minister has delegated to –

the Chief Officer – Planning and Environment;
the Director of Planning;
the Assistant Directors of Planning;
the Principal Planners, Principal Historic Environment Officer and Principal Building Control Surveyors;
the Senior Planners and Senior Building Control Surveyors;
the Planners and Building Control Surveyors; and

the Enforcement Officers,

and in respect of Articles relating to Sites of Special Scientific Interest –

the Director of Environment;
the Assistant Director Environmental Management & Rural Economy;
the Principal Ecologist,

the following functions –

the functions specified in paragraph 1.1above;
the functions specified in Articles 51, 52, 53 and 54(2)(a) concerning Sites of Special Interest;
the functions specified in Articles 60 and 61(1)(a) concerning Protected Trees;
the functions specified in Articles 66, 68 and 71 concerning dangerous structures;
the functions conferred upon or vested in the Minister by the Planning and Building (Planning Fees) (Jersey) Order 2006;
the functions conferred upon or vested in him by the Building Bye- laws.

For the avoidance of doubt the functions delegated include the granting of permission, with or without conditions, and the refusal of permission.

The Minister has delegated to –

the Chief Officer – Planning and Environment;
the Director of Planning;
the Assistant Director of Planning (Policy and Projects);
the Principal Historic Environment Officer,

i. the function to disallow requests for the consideration and reconsideration of the protection of a building or site for inclusion on the List of Sites of Special Interest.

The Minister has delegated to –

the Chief Officer – Planning and Environment;
the Director of Planning;
the Assistant Director of Development Control;
the Principal Planners (Development Control),

i. the functions conferred upon or vested in the Minister by the Planning and Building (Environmental Impact) Jersey Order 2006.

By virtue of the power conferred on him by the States of Jersey Law 2005 the Minister has delegated to the officers specified below (individually, an "authorised officer" and collectively, "the authorised officers") the functions conferred on or vested in him by or under the High Hedges (Jersey) Law 2008 as specified below.

The Minister has delegated to –

the Chief Officer – Planning and Environment;
the Director of Planning and Building Services;
the Assistant Directors of Planning;
the Principal Planners,

the following functions –

the functions specified in Article 6 concerning the validity of a complaint;
the functions specified in Article 7 concerning determination of an application and the requirement for remedial action;
the functions specified in Article 9 concerning the varying and withdrawal of a remedial notice.

By virtue of the power conferred on him by the States of Jersey Law 2005 the Minister has delegated to the officers specified below (individually, an "authorised officer" and collectively, "the authorised officers") the functions conferred on or vested in him specified below –

The Minister has delegated to –

the Chief Officer – Planning and Environment;
the Director of Planning and Building Services;
the Assistant Directors of Planning,

the following functions –

i. the functions specified in Article 25 concerning Planning Obligations.

The Minister retains all decision-making and other functions delegated by this document.

The conditions

In the exercise of the functions delegated to them, the Planning Applications Panel and the authorised officers will observe and abide by the Code of Practice set out in section 3 below.
The Planning Applications Panel will not make any decision or otherwise exercise any function in any case where it disagrees fundamentally with the recommendation of the officers of the Planning and Environment Department until it has undertaken further consultation.
Neither the Planning Applications Panel, nor any authorised officer, will make any decision or otherwise exercise any function in any case in which the Minister has given notice that he wishes to make the decision or exercise the function himself. For the avoidance of doubt, the Minister may give such notice, as the case may be, after the Planning Applications Panel or an authorised officer has begun a consideration of the matter, and at any stage prior to the making of the decision or exercise of the function in pursuance of the delegated powers.
All decisions made by an authorised officer will be checked and counter- signed by a more senior officer.

The Code of Practice

Subject to Sections 1 and 2 above, the Minister will consider, in public, requests for reconsideration if –

the decision was made by authorised officer; and
the officer consulted the Minister as part of the process of determining the planning application; and
the decision was to refuse permission or impose conditions.

Where the Minister was not consulted by the authorised officer as part of the process of determining the application, but all other conditions outlined above where met, the Planning Applications Panel will reconsider the request for reconsideration.

Where it is considered beneficial, the Minister may sit with the Planning Applications Panel.
The Minister, or Chair of the Planning Applications Panel in respect of meetings of the Planning Applications Panel, may invite personal presentations by the applicant or objectors (provided always that the applicant has a right of reply to any third party representations). In the case of meetings to determine applications made under the High Hedges (Jersey) Law 2008, the Minister may invite personal presentations by the complainant and hedge owner (as defined by the Law).
In practice, and subject to the conditions set out in section 2 above, the Planning Applications Panel may decide –

applications where written political representations have been made, either for or against the proposal;
applications which have become contentious by virtue of the number or strength of representations made;
applications which would involve a departure from the Island Plan, any guidelines or policies published in accordance with Article 6, any other approved planning policy but where, in its opinion, there are good grounds to consider approving the application;
the serving of enforcement notices; and
any other applications referred toit by an authorised officer or the Minister.

In practice, and subject to the conditions set out in section 2 above the authorised officers will decide –

whether it is necessary to make an application;
the calculation or waiver, in whole or in part, of planning fees;
applications where the decision isin accordance with the Island Plan, any guidelines or policies published in accordance with Article 6, any other approved policies;
applications where the decision accords with an earlier decision of –
1. the former Environment and Public Services Committee;
2. the former Planning Sub-Committee;
3. the Minister for Planning and Environment; or
4. the Planning Applications Panel;
applications where there have been representations from the general public, but where those representations have been accommodated by revisions to the application or by the imposition of conditions, are of a non-planning nature, or are not of sufficient weight to influence a decision on the application;
applications under the Building Bye-laws, including applications for the relaxation of the Bye-laws;
applications under the Planning and Building (Display of Advertisements) (Jersey) Order 2006;
applications under Articles 101 to 104 (importation of caravans) or under the Planning and Building (Movable Structures) (Jersey) Order 2006;
on reserved matters which follow an outline planning permission;
on requests to vary permissions, including conditions;
on the content of Notices served under the Law;
on the provisional listing of Sites of Special Interest;

on applications, for works that do not necessarily amount to development but which have the potential to affect the special interest of a Site of Special Interest;
on the inclusion or exclusion on the List of Sites of Special Interest of buildings or places considered to have public importance, where no representations have been submitted or where those representations are not material to determining the special interest of the building or place;
on the serving of Notices of Intent to include or exclude buildings or places on the List of Sites of Special Interest considered to have public importance;
on the provisional listing of protected trees;
applications carry out an action specified in Article 61 to a tree listed as a protected tree;
applications under the High Hedges (Jersey) Law 2008, where the hedge owner has not submitted a representation,

provided that, in all cases, the authorized officer's decision is endorsed by a more senior authorized officer.

Environment Division


Schedule of Delegated Statutory Powers

Law	Detail / Involves	Delegated to whom
Animal Welfare (Jersey) Law 2004 Animal Welfare (Amendment) (Jersey) Law 2006 Subordinate Animal Welfare (Amendment of Schedule 1) (Jersey) Order 2007 Animal Welfare (Temporary Licensing Exemptions) (Jersey) Order 2007 Animal Welfare (Licence Fee) (Jersey) Order 2008 Animal Welfare (Poisons) (Jersey) Order 2007	A law to consolidate and revise the laws promoting the welfare of animals and the prevention of suffering by animals, to regulate the keeping and use of animals, and for connected purposes The Law defines the Veterinary Officer according to the definition given under the Diseases of Animals (Jersey) Law 1956 – The Appointed Veterinary Officer (or their appointed Deputy under Part 2, Article 2 of the 1956 Law ) has delegated powers under all Orders and is empowered to perform all duties relating to veterinary matters (Article 2,3,4,5,6,7) Additional delegated powers are requested for appointment as Inspector is required in accordance with Article22 to carry out licensing visits or enter premises licensed in accordance with Articles 14 or 15 of the Law The Animal Welfare (Amendment) (Jersey) Law 2006 amends the Animal Welfare (Jersey) Law 2004 to restrict the powers of an inspector appointed under Article 22 prohibiting them from exercising functions in relation to licensing if the licensed activity is also undertaken by the inspector or his/her employers. JSPCA veterinary surgeon to be appointed inspector for purposes of warrant application and inspection outwith licensed premises of same type as JSPCA.	Assistant Minister Chief Executive Officer Director of Environment For the purposes of administration inspection and enforcement States Veterinary Assistant Standby Officers (4) Head of Agricultural Inspection Agricultural Inspectors (4) For the purposes of inspection and enforcement of suspected offences (not licensing) JSPCA Veterinary Officer – Tiffany Blackett

Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974

A Law to control sales and leases of agricultural land Delegated powers are requested under

Article 2 – The issuing of consents and permissions on agricultural land at the point of sale or leases using longstanding terms of reference. Decisions not within TOR are referred to the Minister

Assistant Minister
Chief Executive Officer
Director Of Environment Assistant Director of Environmental Management and Rural Economy
Statutory Services Officer
Horticultural Advisor

Agricultural Marketing (Jersey) Law 1953

Subordinate

Export of Agricultural Produce (Jersey)

Order 1972

Potatoes (Precautions against Blight) (Jersey) Order 1961
Export of Flowers (Jersey) Order 1972

A Law to provide for the control of the marketing of agricultural produce by control of production and by other means, to empower the States to approve schemes for this purpose and to provide for other matters incidental thereto

Delegated powers are requested for the administration inspection and enforcement for the three pieces of subordinate legislation to ensure export produce adheres to certain standards and that crops are disease free. This allows Jersey to trade with Europe.

Assistant Minister
Chief Executive Officer
Director of Environment
Assistant Director – Environmental Protection
Assistant Director of Environmental Management and Rural

Economy

For the purposes of administration inspection and enforcement

Head of Agricultural Inspection
Agricultural Inspectors (4)

Animals (Trapping) (Jersey) Law 1961

Subordinate

Spring Traps (Approval) (Jersey) Order 1996
Small Ground Vermin Traps (Jersey) Order 1961

A law to define approved traps and to regulate and enforce their appropriate use

Assistant Minister
Chief Executive Officer
Director of Environment
Principal Ecologist
States Veterinary Officer

Artificial Insemination of Domestic Animals (Jersey) Law 1952

(A replacement law has been drafted entitled the Artificial Breeding of Domestic Animals (Jersey) Law 200- but has currently been deferred).

Subordinate

Artificial Insemination of Domestic Animals (Bovine

Licences those wishing to perform artificial insemination on any female domestic animal and also to those who wish to collect, store, distribute or sell the semen from any male domestic animal (Article 2).
Licences to persons wishing to import (other than cattle) or export the embryos, ova or semen of domestic animals and to export (including cattle) as

Assistant Minister
Chief Executive Officer
Director of Environment
States Veterinary Officer

For the purposes of enforcement / Inspection

States Veterinary Assistant

Semen) (Jersey) Order 2008

Artificial Insemination of Domestic Animals (Jersey) Order 2008

above (Article 3)

Head of Agricultural Inspection Agricultural Inspectors (4)

Conservation of Wildlife (Jersey) Law 2000

A Law to protect scheduled wild animals and birds and their nest or dens from death, damage or disturbance.

Article 16 allows for the licensing of normally prohibited activities under the following Articles 6, 8, 9, 10 11, 15 prohibitions :

6 Relating to dens and nests etc. of protected wild animals and protected wild birds
8 Keeping etc. of protected wild animals and protected wild

birds

9 Certain methods of killing or taking wild birds
10 Certain methods of killing or taking wild animals (no licences have ever been issued for 9&10)
11 Export of certain reptiles and amphibians
15 Release etc. of imported species (specifically includes Pheasants and Partridges)

Licences may only be issued if the thing to be done is for scientific, research, educational purposes, (e.g. ringing, marking, tracking; preserving public health or public or air safety; the re-introduction of a species, the purpose of conservation or the spreading of diseases, preventing serious damage to livestock and crops, AND there is no other satisfactory solution and that anything authorized by the licence will not be detrimental to the survival of the population concerned'.

Delegated powers are also required under Article 18 for enforcement activities (Article 18)

Assistant Minister
Chief Executive Officer
Director of Environment
Assistant Director of Environmental Management and Rural Economy
Principal Ecologist

Dangerous Wild Animals (Jersey) Law 1999

This Law provides a licensing requirement to keep an scheduled animal (Article 3)

Administration of this law is delegated to the States Veterinary Officer who will seek advice at his/her discretion

(Note: Only one licence has been issued under the law)

Assistant Minister
Chief Executive Officer
Director of Environment
States Veterinary Officer

For the purposes of enforcement / Inspection

States Veterinary Assistant
Head of Agricultural Inspection
Agricultural Inspectors (4)

Diseases of Animals (Jersey) Law 1956

Subordinate

Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958
Diseases of Animals (Approved Disinfectants) (Jersey) Order 1958
Diseases of Animals (Importation of Live Fish) (Jersey) Order 1984
Importation of Equine Animals (Jersey) Order 1958
Importation of Equine Animals (African Horse Sickness) (Prohibition) (Jersey) Order 1961
Bee Diseases Control (Jersey) Order 1992
Diseases of Animals (Bees) (Jersey) Order 2003
Diseases of Animals (Miscellaneous Provisions) (Jersey) Order

1958

Export Quarantine Stations (Regulation) (Jersey) Order1958
Foot and Mouth Disease (Sera and Glandular Products)(Jersey) Order 1958
Diseases of Animals (Therapeutic Substances) (Jersey) Order 1958

The Appointed Veterinary Officer (under Part 2, Article 2 of the Law ) has delegated powers under all Orders and is empowered to perform all duties relating to veterinary matters (Article 2,3,4,5,6,7)
Licenses are issued under

delegated powers.

The Minister is advised of the outbreak of any notifiable disease.

Notifiable disease orders

Anthrax (Jersey) Order 1958 Aujeszky's Disease (Jersey) Order 1984
Diseases of Animals (Avian Influenza) (Jersey) Order 2005
Foul Brood Disease of Bees (Jersey) Order 1958
Bovine Spongiform Encephalopathy (Jersey) Order 1988
Cattle Plague (Jersey) Order 1958
Contagious Abortion (Jersey) Order 1958
Contagious Abortion (Amendment) (Jersey) Order 2006
Enzootic Bovine Leucosis Disease (Jersey) Order 1984
Epizootic Lymphangitis (Jersey) Order 1958
Foot-and-Mouth Disease (Jersey) Order 1958
Fowl Pest (Jersey) Order 1958
Fowl Typhoid (Jersey) Order

Assistant Minister
Chief Executive Officer
Director of Environment Assistant Director of Environmental Management and Rural Economy

For the purposes of enforcement / Inspection to report information to SVO

States Veterinary Assistant
Head of Agricultural Inspection
Agricultural Inspectors (4)
Standby Officers (4)
Assistant Director – Environmental Protection
Dairy &Livestock

Advisor

Horticultural Advisor
Head of Countryside
Principal Ecologist Head of Plant Health Laboratory Manager

Diseases of Animals (Waste Foods) (Jersey) Order 1958
Diseases of Animals (Welfare in Transit) (Jersey) Order 2001
Rabies (Jersey) Order 1958
Rabies (Control) (Jersey) Order 1976
Rabies (Importation of Dogs, Cats, and Other Mammals) (Jersey) Order 1976
Diseases of Animals (Pigs, Goats and Sheep Registration, Identification and Movement) (Jersey) Order 2007

1959

Glanders or Farcy (Jersey) Order 1958
Virus Hepatitis (Jersey) Order 1958
Parasitic Mange (Jersey) Order 1958
Pleuro-Pneumonia (Jersey) Order 1958
Psittacosis (Jersey) Order 1958
Sheep-Pox (Jersey) Order 1958
Sheep Scab (Jersey) Order 1958
Swine Fever (Jersey) Order 1958
Swine Vesicular Disease (Jersey) Order 1974
Teschen Disease (Jersey) Order 1975
Tuberculosis (Jersey) Order 1958
Warble Fly (Jersey) Order 1984
Diseases of Animals (Bluetongue) (Jersey) Order 2006

European Communities Legislation (Implementation) (Jersey) Law 1996

Subordinate

Fish Health (Jersey) Regulations 1999

To ensure the health of aquaculture animals and aquaculture products in order to prevent the spread of disease.
Regulation, enforcement and inspections are carried out by States Veterinary Officer or his/her assistants.

Assistant Minister
Chief Executive Officer
Director of Environment
States Veterinary Officer

For the purposes of enforcement / Inspection

States Veterinary Assistant
Head of Agricultural Inspection

Agricultural Inspectors (4)
Standby Officers (4)
Senior Fisheries Inspector
Fisheries Officer – Research and Development
Sea Fisheries Officers

(3)

European Communities Legislation (Implementation) (Cattle Identification) (Jersey) Regulations 2002

To ensure the correct form and application of prescribed cattle eartags; the registration of cattle and recording of movements.
Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.

Assistant Minister
Chief Executive Officer
Director of Environment
Assistant Director of Environmental Management and Rural Economy
States Veterinary Officer

For the purposes of enforcement / Inspection

States Veterinary Assistant
Head of Agricultural Inspection
Agricultural Inspectors (4)

Community Provisions (Animal Feeding) (Jersey) Regulations 2005

Regulations to ensure the prevention, control and eradication of certain transmissible spongiform encephalopathies
Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.

Assistant Minister
Chief Executive Officer
Director of Environment
States Veterinary Officer

For the purposes of enforcement / Inspection

States Veterinary Assistant
Head of Agricultural Inspection
Agricultural Inspectors (4)

Non-Commercial Movement of Pet Animals (Jersey) Regulations 2006

Regulate the movement of pet animals arriving from outside the British Isles entering Jersey from the EU and Non EU listed countries and territories. Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.

Assistant Minister

Chief Executive Officer
Director of Environment
Assistant Director of Environmental Management and Rural Economy
States Veterinary Officer

For the purposes of enforcement / Inspection

States Veterinary Assistant

Standby Officers (4)

European Communities Legislation (Bluetongue)(Jersey) Regulations 2008

Regulate the controls, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue. Inspections and enforcement are carried out by States Veterinary Officer or his/her assistants.

Assistant Minister

Chief Executive Officer
Director of Environment
Assistant Director of Environmental Management and Rural Economy
States Veterinary Officer

For the purposes of enforcement / Inspection

States Veterinary Assistant
Standby Officers (4)
Head of Agricultural Inspection
Agricultural Inspectors (4)
Dairy &Livestock Advisor

Fertilisers and Feeding Stuffs (Jersey) Law 1950

Subordinate

Fertilizers and Feeding Stuffs (Jersey) Order 1972

A Law to make provision with respect to the sale of fertilizers and feeding stuffs in the Island and their contents which must not have animal extracts within them.

Assistant Minister
Chief Executive Officer
Director of Environment
Assistant Director of Environmental Management and Rural Economy
States Veterinary Officer

For the purposes of enforcement / Inspection

States Veterinary Assistant
Head of Agricultural Inspection
Agricultural Inspectors

(4)

Food and Environmental Protection Act 1985 (Jersey) Order 1987

Food and Environmental Protection Act 1985 (Jersey) (Amendment) Order 1997

To authorise the issue of licences for the deposit of substances at sea (Article 5 of 1987 order) e.g. dredge spoil from maintenance dredging of the harbours, burials at sea.
Detailed protocols establish the procedures and fees for each class of deposit together with lists of compulsory consultees.

Assistant Minister
Chief Executive Officer
Director Of Environment
Head of Fisheries & Marine Resources

Pesticides (Jersey) Law 1991

Subordinate

Pesticides (Maximum Residue Levels in Food) (Jersey) Order 1991
Pesticides (General Provisions) (Jersey) Order 1991

To regulate the use of pesticides.
Delegated powers are requested for Article 4 which outlines the enforcement provisions

Assistant Minister
Chief Executive Officer
Director of Environment Assistant Director of Environmental Management and Rural Economy
Assistant Director – Environmental Protection

For the purposes of enforcement

Head of Agricultural Inspection
Agricultural – Environmental Specialists
Agricultural Inspectors

(4)

Planning and Building (Jersey) Law 2002

Permission to carry out activities on SSI land (Article55) e.g. permission for the TA to carry out exercises, utilities maintenance etc.
Permission to allow use of public land by Clubs and Associations e.g. by the Jersey Rifle Club, who close Les Landes SSI 6 times annually for

firing purposes.

Provisional listing (for 3 months only) of SSIs under Article 53 in the case of extreme threat to an area of SSI quality

Assistant Minister
Chief Executive Officer
Director Of Environment
Assistant Director of Environmental Management and Rural Economy

Plant Health (Jersey) Law 2003

Subordinate

Stem and Bulb Eelworm (Jersey) Order 1971
Blight Disease (Jersey) Order 1982
Plant Health (Jersey) Order 2005

Issuance of plant passports – Article 18 of the Plant Health (Jersey) Order
Registration of growers, propagators or traders (Article 19 of the Plant Health (Jersey) Order) and keeping of the register (Article 20 of the Plant Health (Jersey) Order)
Delegated powers are requested for inspection and enforcement functions under Articles 24-31 of the Plant Health (Jersey) Order

Issuance of licences – Article 34 of the Plant Health (Jersey) Order

Assistant Minister
Chief Executive Officer
Director of Environment Assistant Director of Environmental Management and Rural Economy
Assistant Director – Environmental Protection
Plant Pathologist
Entomologist

For the purposes of enforcement / Inspection

		Head of Agricultural Inspection Agricultural Inspectors (4)
Protection of Agricultural Land (Jersey) Law 1964	This Law is to protect the spoilation' of agricultural land from contamination, neglect the removal of surface soil or any misuse. Under Article 4 (2) consents and permissions can be issued for prohibited activities to be carried out on Agricultural land. For the purposes of Inspection and enforcement, delegated powers of entry are requested( Article 3) as are the powers to obtain information (Article 5)	Assistant Minister Chief Executive Officer Director Of Environment Assistant Director of Environmental Management and Rural Economy Horticultural Advisor Statutory Services Officer Head of Countryside For the purposes of enforcement / Inspection/obtain information Head of Agricultural Inspection Agricultural Inspectors (4)
Slaughter of Animals (Jersey) Law 1962	The SVO issues slaughterers licences under delegated powers (Article 4) The slaughterhouse is supervised by the Superintendent (Article 2)	Assistant Minister Chief Executive Officer Director of Environment States Veterinary Officer
Waste Management (Jersey) Law 2005	A Law to: 1. Control the transboundary shipment of wastes to, from, and through Jersey. 2. Control the movements of hazardous and healthcare wastes in Jersey. 3. Allow for the licensing of waste management facilities and the registration of certain carriers in Jersey. All administration of: Part 1 – INTRODUCTORY PROVISIONS (Articles 1 to 9) Part 2 – ADMINISTRATION (Articles 10 to 22) Part 3 – WASTE MANAGEMENT WITHIN THE ISLAND Licensing of Operations	Assistant Minister Chief Executive Officer Director of Environment Assistant Director – Environmental Protection Head of Waste Regulation In addition for enforcement (Part 5) Environmental Protection Officers Environmental Protection Support Officer. Head of Agricultural

(Articles 23 to 37)

Registration of Waste Carriers (Articles 38 to 48)
Internal Movements (Articles 49 to 52)
Other Provisions (Articles 53 to 56).

Part 4 – TRANSBOUNDARY MOVEMENTS OF WASTE

Introductory Provisions (Articles 57 to 63)
Export of Waste (Articles 64 to

67)

Import of Waste (Articles 68 to 69)
Waste in Transit (Articles 70 to 71)
Illegal Traffic (Articles 72 to 75)
Other Provisions (Articles 76 to 81)

Part 5 – ENFORCEMENT (Articles 82 to 93)

Part 6 – OTHER PROVISIONS (Articles 94 to 113)

Any further responsibilities under Schedules 1 to 11.

Inspection. Agricultural Inspectors.

Water Pollution (Jersey) Law 2000

A Law to provide for the control of pollution in Jersey waters, and the implementing of provisions of the Convention for the Protection of the Marine Environment of the North-East Atlantic; the monitoring and the classification of waters; the setting of quality objectives for classified waters; administrative, regulatory, preventive and remedial measures; and related purposes

Delegated powers are requested for the issuance of discharge permits and the publishing of notices and consultation before considering applications relating to Discharge Permits (Article 10)
Special regard to the issuance of discharge permits will be given relating to high risk substances (Article 19(1))
Consideration of Discharge Permits (Article 21)
Conditions attached to Discharge permits (Article 22)

Assistant Minister
Chief Executive Officer
Director of Environment
Assistant Director – Environmental Protection

In addition for enforcement (Article 29)

Environmental Protection Officer (5)
Head of Waste Regulation
Agricultural – Environmental Specialist
Environmental Protection Assistant
Environmental Protection Support Officer
Head of Fisheries and Marine Resources
Senior Fisheries Inspector
Fisheries Officer –

Procedure for varying or revoking Discharge Permits (Article 23)
Procedure for suspension of Discharge Permits (Article 24)
Consideration of transfer of Discharge permits (Article 25)
Procedure for notification of decisions relating to Discharge Permits (Article 27; with the exception of (1)(c))

Delegated powers are requested for the purposes of enforcement (under Article 29) and

Access to documents relevant to Law (Article 34)
Requirement to produce information relating to potentially polluting matter (Article 35)
Requirement for precautions to be taken to prevent pollution (Article 36)
Requirement for polluters to eliminate and remediate pollution (Article 37)
The procedure to be adopted in respect of Articles 36-37 (Article

38)

Ability of the Department to take remedial action in respect of Articles 36 & 37 (Article 39 (1))
Transitional provisions in respect of Discharge Permits (Schedule 5)

Research and Development

Water (Jersey) Law 1972

Jersey Water must provide wholesome water' (Article 9)
Enforcement of standards are performed by officers

Assistant Minister
Chief Executive Officer
Director of Environment
Assistant Director – Environmental Protection

For the purposes of enforcement

Environmental Protection Officer (5) Environmental Protection Support Officer

Weeds (Jersey) Law 1961

A Law to provide for preventing the spreading of injurious weeds Delegated powers are requested for enforcement activities to prevent the spreading of injurious weeds (Article 2) performed by the Inspectorate

Assistant Minister
Chief Executive Officer
Director of Environment
Assistant Director of Environmental Management and Rural Economy

*In addition for enforcement

Assistant Director – Environmental Protection
Head of Agricultural Inspection Agricultural Inspectors (4)

Water Resources (Jersey) Law 2007

A Law to provide for the protection, management and regulation of water resources in Jersey; the promotion of the conservation of the fauna and flora that are dependent on inland waters and of the habitats of such fauna and flora to the extent that those habitats are themselves dependent on inland waters; the conservation and enhancement of the natural beauty and amenity of inland waters; and for related purposes.

Assistant Minister

Chief Executive Officer
Director of Environment
Assistant Director – Environmental Protection

Head of Water Resources Hydrogeologist

For the purposes of enforcement

Environmental Protection Officer (5)
Environmental Protection Support

Officer

Delegation of functions by Ministers: review of reporting procedures.