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Jersey Child Care Trust (JCCT): Alteration to the Constitution

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 21 September 2020

Decision Reference:  MD-ESC-2020-0014

Decision Summary Title:

Jersey Child Care Trust – Alteration to the Constitution

Date of Decision Summary:

14 September 2020

Decision Summary Author:

Private Secretary

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Not applicable

Written Report

Title:

Jersey Child Care Trust (JCCT) Alteration to the Constitution

Date of Written Report:

14 September 2020

Written Report Author:

Group Director Education

Written Report :

Public or Exempt?

Public

Subject: Alteration to the Constitution of the JCCT

Decision(s):  In accordance with Clause 9 of the JCCT Constitution the Minister for Education has approved the alteration of the constitution.

Reason(s) for Decision: The JCCT wish to become a registered charity but their current Constitution, which allows direction and control by the Minister for Education, fails the charity test in the Charities (JERSEY) Law 2014. Alterations to the Constitution are needed for the JCCT to proceed with an application to become a registered charity. Clause 9 of the Constitution requires any alteration to be approved by the Minister for Education.

Resource Implications: None

 

Action required:

 

The Private Secretary to the Minister for Education to:

 

  1. Request the Greffier of the States to arrange for the Jersey Child Care Trust (JCCT) Alteration to the Constitution Report to be presented to the States as a formal Report in the R series.
  2. Advise the Chair of the JCCT of the Minister’s decision.

 

The Chair of the JCCT to undertake the necessary actions to gain Royal Court approval of the altered constitution.

Signature:

 

 

Position:

Minister for Education

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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