Apartment 5, Block A, Les Quennevais Park, St. Brelade: Transfer of leasehold to flying freehold

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 December 2015:

Decision Reference: MD-PH-2015-0136
Decision Summary Title :	Apartment N° 5, Block A Les Quennevais Park – Transfer of the Public’s Flying-Freehold Ownership and Cancellation of Existing 99 Year Lease		Date of Decision Summary:	21 December 2015
Decision Summary Author:	Principal Property Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	N/A		Person Giving Oral Report:	N/A
Written Report Title :	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Apartment N° 5, Block A Les Quennevais Park – Transfer of the Public’s Flying-Freehold Ownership and Cancellation of Existing 99 Year Lease PBA 1028-01-005
Decision(s): With reference to the previous decision MD-PH-2015-0124 plus associated documentation and the expiry of 15 working days’ notice to the States of that decision, the Minister approved, as recommended by Jersey Property Holdings, the cancellation of the existing 99-year lease of the above-mentioned apartment, and the transfer to the present lessees of the Public’s flying freehold interest in the unit - for an agreed consideration, plus reasonable costs incurred - in accordance with the approved policy (under MD-PH-2012-0124), and the independent valuation arranged by JPH.
Reason for Decision: The transaction was notified to the States in a report dated 25 November 2015 and at the end of the 15 day period required no comments on the transaction had been received. The Minister therefore decided to conclude the transaction.
Resource Implications: The financial implications of this decision are detailed in the report accompanying MD-PH-2015-0124 There are no manpower implications in respect of this decision. When the transaction is concluded the fixed asset register and States balance sheet will be amended to account for the transaction.
Action required: Under Standing Order 168 (5) the Minister hereby authorised the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public and to copy this decision to the Assistant Minister, Treasurer and Head of Decision Support.
Signature:		Position: Deputy E J Noel * Assistant Minister for Treasury & Resources
Date Signed:		Date of Decision: