Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Jersey Financial Services Commission: Re-appointment of Commissioner

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 December 2011:

Decision Reference:

Decision Summary Title :

Re-appointment of Commissioner of the Jersey Financial Services Commission

Date of Decision Summary:

December 2011

Decision Summary Author:

 

Director, Finance Industry Development

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Re-appointment of Commissioner of the Jersey Financial Services Commission

Date of Written Report:

December 2011

Written Report Author:

Director, Finance Industry Development

Written Report :

Public or Exempt?

 

Public

Subject:  

 

Re-appointment of John Averty as a Commissioner of the Jersey Financial Services Commission (“the Commission”).

 

Decision(s):

 

The Minister agreed the nomination of John Averty for re-appointment as a Commissioner by the States under Article 3(2)(a) of the Financial Services Commission (Jersey) Law 1998 (“the Law”).

 

The Minister approved the proposition and report and that these should be lodged au Greffe for debate on 17 January 2012.

 

Reason(s) for Decision:

 

The current term of office of John Averty as a Commissioner will come to an end on 19 January 2012 and he has indicated that he is prepared to serve a further term.

 

Under Article 3(2)(a) of the Law, Commissioners are to be appointed by the States on the nomination of the Minister for Economic Development.

 

 

Resource Implications:

 

There are no resource or manpower implications for the States.

 

Action required:

 

The proposition and report to be lodged au Greffe for debate on 17 January 2012.

 

Signature:

 

Senator Alan Maclean

Position:

 

Minister for Economic Development

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Hide report
Jersey Financial Services Commission: Re-appointment of Commissioner

MINISTER FOR ECONOMIC DEVELOPMENT (“the Minister”)

 

Re-appointment of Commissioner of the Jersey Financial

Services Commission

 

1.                   Issue and Recommendation

1.1.            Article 3 of the Financial Services Commission (Jersey) Law 1998 (“the Law”) stipulates that the States shall appoint Commissioners of the Jersey Financial Services Commission (“the Commission”) from persons nominated by the Minister.

1.2.            The second term of office of Mr John Clark Averty (“Mr Averty”) will expire on 19 January 2012 and he has indicated that he is prepared to serve as a Commissioner for one further term. 

1.3.            It is recommended that the Minister approve the nomination of John Averty for re-appointment and that the report and proposition be lodged au Greffe for debate on 17 January 2012.

1.4.            There are no financial or manpower implications for the States of Jersey.

 

  1.                 Background

 

2.1.            Mr Averty was first appointed a Commissioner by the States on 1 December 2005 and was re-appointed for a second term by the States on 20 January 2009.  The Minister appointed Mr Averty as Deputy Chairman on 1 June 2010, in which post Mr Averty continues to serve the Commission.

 

2.2.            As part of the recent review of the terms appointment of Commissioners, which included the States agreeing to extend the term of office from three to five years, the Jersey Appointments Commission (“JAC”) also agreed that it would be appropriate, in order to provide continuity during a period of change, for Mr Averty’s re-appointment for a third term not to be subject to open competition. 

 

2.3.            Mr Averty has now served as a Commissioner for six years (two terms of three years) and the Board concluded that Mr Averty should be put forward to serve a further term of four years.  This is consistent with good corporate governance practice that the period in office should not exceed ten years, which is also set out at paragraph 4.13 of the JAC’s Code of Practice.  It is also consistent with the envisaged total term of office for the more recently appointed Commissioners who are likely to serve for ten years (two terms of five years).

 

3. Mr John Clark Averty

 

3.1.            Mr Averty is Chairman and Chief Executive of The Guiton Group Limited, a Jersey registered company, and is Chairman of a number of Guiton subsidiary companies including:  Jersey Evening Post Limited; Guernsey Press Limited; and Itex Holdings Limited.

 

3.2.            He is also a Non-Executive Director of Fairbairn Private Bank Limited.

 

3.3.            Mr Averty was formerly a Member of the States of Jersey - Deputy 1969 to 1972 and Senator 1972 to 1984 and served as President or Vice-President on the following Committees:  Housing Committee; Public Works Committee, Establishment Committee, Broadcasting Committee and Finance and Economics Committee.

 

3.4.            Mr Averty is resident in Jersey.

 

3.5.            Mr Averty has served two terms as a Commissioner. 

 

3.6.            The Jersey Appointments Commission has confirmed that this re-appointment meets its eligibility criteria for re-appointments.

 

4. Recommendation

 

4.1.            It is recommended that the Minister approve the nomination of John Averty for re-appointment and that the report and proposition be lodged au Greffe for debate on 17 January 2012.

 

 

 

Our sites
Back to top
rating button