States of Jersey Law 2005: delegation of functions – Chief Minister – Cabinet Office, Digital Services and People Services

Published on: 13 August 2026

Presented by: Chief Minister

Reference: R.138/2026

This content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments. Please see the PDF for the official version of the document.

REPORT

On 13th August 2026, the Chief Minister 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-CM-2026-674, available at www.gov.je). The Law states, inter alia –

“28 Power of the Chief Minister to delegate functions

The Chief 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. to the Deputy Chief Minister;
2. to one of the Chief Minister’s Assistant Ministers;
3. to an officer.
The Chief Minister must not delegate a function to the Deputy Chief Minister or to an Assistant Minister if the delegation of that function is wholly prohibited by an enactment.
Article 26(4) and (5) applies to an enactment made by the Deputy Chief Minister or an Assistant Minister, in exercise of a delegated power, in the same way as those provisions would apply if the Chief Minister made the enactment.
The Chief Minister must not delegate to an officer –

any power to make an enactment;
any power to decide an appeal under an enactment;
any function that an enactment –

wholly prohibits from being delegated, or
prohibits from being delegated to an officer.

The delegation of functions under this Article by the Chief Minister does not prevent the Chief Minister from exercising those functions personally.
No criminal proceedings arise in respect of an act by a person if –

the person acted in good faith and in accordance with the terms of a

licence, permit or authorisation granted in the purported exercise of functions delegated under paragraph (1); and

it later transpires that the functions had not been delegated or that any

requirement attached to the delegation had not been complied with.

In this Article and in Article 28A, “officer” means a States’ employee as defined by Article 2 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 2021.
The States may by Regulations amend the definition “officer” in paragraph (7).

Unless otherwise stated, any reference to an Article in this section is a reference to the Article so numbered in the Public Finances (Jersey) Law 2019.

R.138/2026

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 –

Expenditure of the Cabinet Office, Digital Services, and People Services

Legislation:	States of Jersey Law 2005: Article 26(1)(c)
Delegate:	Accountable Officers for (each of) the area/s above.
Functions delegated:	The power to – enter into agreements on behalf of the Minister, including but not limited to accepting tenders, placing and accepting orders, appointing consultants, agreeing and signing formal contracts and other forms of engagement; acquire, hold and dispose of movable property; and do anything reasonably necessary or expedient for or incidental to any of the matters delegated above;
Scope of delegation:	Unlimited up to the amounts approved by the States Assembly for the above areas. Subject in all instances to the specific obligations held as Accountable Officer and the general responsibilities of the postholder as a senior official to the Minister, including ensuring the Minister is duly informed sufficiently in advance to provide direction on contentious matters (with reference to the size of any contract (should include contracts over £1m) and/or the extent of its direct impact on Islanders). The delegation includes the ability of the Accountable Officer to schedule to their subordinate managers approval powers within their own delegation limits. In all instances, Accountable Officers also hold 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)
Delegate:	Data Controllers for (each of) the area/s above.
Functions delegated:	All powers in relation to data collection, management, processing, and releasing under the Data Protection (Jersey) Law 2018, Freedom of Information (Jersey) Law 2015, and Public Records
Li mit on Scope of delegation:	Unlimited, subject in all instances to the general responsibilities of the postholder as a senior official, including ensuring the Minister is kept generally informed, with specific reference to the public interest. The delegation includes the ability of the Data Controller to schedule to their subordinate managers tasks in relation to the management of data.

R.138/2026