Springfield Stadium, St. Helier: Registered Charge: Funding of 3G Football Pitch

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 24 October 2016:

Decision Reference: MD-PH-2016-0064
Decision Summary Title :	Springfield Stadium - Football Foundation Grant		Date of Decision Summary:	11 October 2016
Decision Summary Author:	Estates Surveyor		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Springfield Stadium - Football Foundation Grant		Date of Written Report:	11 October 2016
Written Report Author:	Estates Surveyor		Written Report : Public or Exempt?	Public
Subject: Springfield Stadium - Football Foundation Grant SF1323-01-001
Decision(s): In accordance with Standing Order 168 (1) (cb) the Minister decided, as recommended by Jersey Property Holdings, to agree to the securing of a 21 year registered charge over the football pitch forming part of Springfield Stadium in respect of a grant by the Football Foundation to assist with the funding of the new 3G football pitch.
Reason(s) for Decision: It was a condition of Football Foundation that the £400,000 grant made to the States of Jersey (towards the project cost of £1,016,298) be subject to a 21 year charge secured over the relevant part of property in favour of the Foundation.
Resource Implications: The financial implications of this decision are detailed in the accompanying report. There are no manpower implications in respect of this decision.
Action required: Under Standing Order 168 (5) the Minister hereby authorised the Attorney General and the Law Officers’ Department to formalise the necessary documentation on behalf of the Public.
Signature:		Position: Deputy E J Noel Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Springfield Stadium, St. Helier: Registered Charge: Funding of 3G Football Pitch

DEPARTMENT FOR INFRASTRUCTURE

JERSEY PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Infrastructure

Click F11 to move to each field (This Text is hidden)Public

Springfield Stadium - Football Foundation Grant

SF 1323-01-001

Purpose

To recommend to the Minister the securing of a 21 year registered charge over the football pitch forming part of Springfield Stadium in respect of a conditional grant by the Football Foundation (the “Foundation”).

Background

In August 2014, the Foundation, a sports charity based in the United Kingdom, approved a capital grant application of £400,000 (the “Grant”) as 39% of an anticipated total project cost of £1,016,298 to the States of Jersey towards a new 106m x 70m 3G FTP (football pitch) at Springfield Stadium.

Various terms and conditions were attached to the Grant, including, under Section 21 of the “General Terms and Conditions of Grant”, a legal charge to be secured over the relevant property in favour of the Foundation.

This arrangement is to cover the possibility of the grantee selling the site, or changing its use, within 21 years of the Grant being made, and the Foundation thereby losing out on its investment. If, during 21 years of the Grant being made, the States sells Springfield Stadium or ceases to use it as a football pitch, it will be obliged to repay the £400,000 sum to the Foundation.

The new 3G pitch has been installed, but 5% of the Grant (i.e. £20,000) has still to be advanced. The remainder will be advanced once the charge has been registered.

The charge will be limited to the football pitch only (as shown on the attached extract from Jersey Mapping).

The loan documentation, consisting of a Bond, Billet (Act of Court) and Letter of Authority will be signed by an advocate or solicitor within the Law Officers’ Department acting on behalf of the Public.

The Foundation requires a 21 year Bond, but in Jersey such an arrangement is limited to 10 years, with subsequent renewal being required for a longer period.

The Foundation also requires that the playing surface be renewed as necessary by the States during the 21 year period of the Bond. The Economic Development, Tourism, Sport and Culture Department has confirmed that it will remain directly repsonsible for all costs associated with the pitch during the 21 year period.

Jersey Property Holdings has sought advice from the Law Officers’ Department and has been informed that there are no issues under the Public Finance Law with regard to securing the charge on the Public’s property at Springfield.

The Public will be responsible for the Foundation’s legal fees in this matter.

Recommendation

It is recommended that the Minister authorises the securing of a 21 year charge on Springfield Stadium as set out in this Report

Written By: (Estates Surveyor)

Signature …………………………

Authorised By: (Director/Assistant Director JPH)

Signature ………………………… 11 October 2016

Insert File Ref; here Page 1 of 3