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Elizabeth Warehouse, St. Helier: Leases - Assignment and Variation

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 29 October 2012:

Decision Reference: MD-PH-2012-0104

 

Decision Summary Title :

DS - Assignment and variation of Leases (E25b, E27 & E27a) and (E34) Condor Logistics (Jersey) Limited and Commodore Properties Limited to Ferryspeed (CI) Limited

Date of Decision Summary:

12/10/2012

Decision Summary Author:

Estates & Building Surveyor

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR - Assignment and variation of Leases (E25b, E27 & E27a) and (E34) Condor Logistics (Jersey) Limited and Commodore Properties Limited to Ferryspeed (CI) Limited.

Date of Written Report:

20/09/2012

Written Report Author:

Head of Property – Ports of Jersey

Written Report :

Public or Exempt?

 

Exempt Clause refs. 3.2.1(a)(i)

Subject: Assignment and variation of Leases (E25b, E27 & E27a) and (E34) Condor Logistics (Jersey) Limited and Commodore Properties Limited to Ferryspeed (CI) Limited

(PG 1654-01-022 and 031)

Decision(s):

 

1. The Minister decided, as recommended by Jersey Property Holdings, to accept the recommendation of the Minister for Economic Development and to notify the States of his intention to approve the following:

a.

  1. the assignment of the lease for E25b, E27 & E27a from Condor Logistics (Jersey) Limited to Ferryspeed (CI) Limited; and
  2. a variation of clause 7.30 of the Commodore Properties Limited lease for E34 (& E34c)  in order to permit;
  3. the assignment of the lease for of E34 (& E34c) from Commodore Properties Limited to Ferryspeed (CI) Limited; and
  4. the inclusion of a termination clause.

 

 

b. to confirm the above decision after giving the States 15 working days’ notice of the transaction, and to cause the transaction to be completed.

 

Reason(s) for Decision:

 

1. Under Standing Order 168 (1) (a) and 168 (2) (a) and (b) the Minister hereby accepts the recommendation of a body established by the States to manage land and buildings owned by the Public of Jersey and hereby notifies the States that he has accepted the recommendation of Jersey Property Holdings to agree to the above land transaction.

 

Resource Implications:

 

  1.       The financial implications of this decision are detailed in the accompanying report.

 

  1.       There are no manpower implications in respect of this decision.

 

Action required:

 

1. In accordance with Standing Order 168 (3) this decision must be presented to the States at least 15 working days before the contract is passed.  After the expiry of 15 working days following presentation to the States the transaction may be concluded.

 

Signature:

 

 

Position:

Deputy E J Noel *

Assistant Minister for Treasury & Resources

 

 

        

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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