Lord Portsea Gift Fund: Rules and Conditions: Amendments

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A decision made 30 March 2012:

Decision Reference: MD-ESC-2012-0007

Decision Summary Title :

Lord Portsea Gift Fund Changes

Date of Decision Summary:

27th March 2012

Decision Summary Author:

Jeremy Harris,

Assistant Director – Policy and Planning

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Lord Portsea Gift Fund: proposed changes to rules and conditions

Date of Written Report:

12.3.12

Written Report Author:

Jane Bree,

Executive Officer

Written Report :

Public or Exempt?

Public

Subject: Lord Portsea Gift Fund: proposed changes to rules and conditions

Decision(s):

The Minister decided –

(a) to write to the Deputy Judicial Greffier to confirm his agreement for the States to pass a law to be sanctioned by Order of Her Majesty in Counsel to -

(i) validate the Acts of the States of 1981 and 1997; and

(ii) enable the Fund to be incorporated in the Loi (1862) sur les teneures en fidéicommis et l'incorporation d'associations.

(b) to request the Law Draftsman to prepare draft legislation to give effect to these changes.

Reason(s) for Decision:

The rules of the Fund need to be amended to take account of ministerial government. The proposed changes will also take account of a number of other changes, including altering the upper age of entitlement and extending the category of persons eligible for grants.

Resource Implications:

None.

Action required:

The ESC Department will prepare a letter to the Deputy Judicial Greffier for signature by the Minister, and will request the Law Draftsman to prepare the necessary legislation.

Signature:

Position:

Minister for Education, Sport and Culture

Date Signed:

Date of Decision (If different from Date Signed):

Lord Portsea Gift Fund: Rules and Conditions: Amendments

Education, Sport and Culture Department Report
Subject:	Lord Portsea Gift Fund
Exempt Clause:		Date:	12 March 2012

Author:	Jane Bree

Background

In 1957 the late Miss Albina Bertram Falle bequeathed to the States and the Royal Court the sum of £17,000, in accordance with the wishes of her brother, the late Lord Portsea of Portsmouth, for the purpose of establishing a fund –

“to help all young Jersey and Guernsey boys (of Jersey and Guernsey parentage) entering the Royal Navy, Army, Air Force and Civil Services who are in need of financial help”.

In 1968 the States, with the approval of the Royal Court, accepted the gift and three years later, by which time the sum concerned had risen to £27,000, the States passed an Act called The Lord Portsea Gift Fund (Jersey) Act 1971 (“the Act of 1971”), which established the rules and conditions for the administration of the Fund. The Act was promulgated on 25th May 1971. The Act provided for the Fund to be administered by a Delegation, and the members of the Delegation met for the first time that same year. The Act of 1971 has been amended twice, in 1981 and in 1997.

The amendments have extended the initial purpose of the Fund to provide help to – Jersey and Guernsey girls; applicants already attending the Service Colleges; and intending entrants to the Merchant Navy, women’s armed services and the UK Civil Service. Originally there was an upper age limit of 20 years for applicants; this has been increased progressively and is now 30 years. Finally grants may be made to applicants with one parent who is a native of Jersey or Guernsey.

The original Act of 1971 established rules and conditions with regard to the administration of the Fund, and established a Delegation consisting of four Jurats and four members of the Education Committee.

Following the move away from the Committee system In 2006 the Delegation discussed amendments to the Act and consultation with the Law Officers was made to establish the best way to proceed. The draft amendments to the Act, (Please see attached) had been referred to the Royal Court on 2nd July 2008 for consideration, where it was decided that the trustees refer the papers to The Attorney General for determination whether the new provisions were consistent with the terms of the original bequest by the late Miss Albina Bertram Falle.

The latest proposals are concerned with adapting the administration of the Fund to Ministerial government and a further change in the scope of the Fund itself is proposed.

I quote from a letter from Paul Matthews, Deputy Greffier to Deputy Reed the then Minister for Education Sport & Culture dated 15th May 2009. ‘The legal opinion and report prepared by Her Majesty’s Solicitor General on 29th April 2009, which sets out the legal difficulties and possible solutions. The Full Court met on 14th May 2009 to discuss the Solicitor General’s report and concluded that it would wish to adopt the legislative route described in paragraph 20, namely for the States to pass a Law to be sanctioned by Order of Her Majesty in Counsel to:-

i) validate the Acts of the States of 1981 and 1997; and

ii) enable the Fund to be incorporated under the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations.

The Full Court would also wish to take the opportunity to remove itself from its present direct involvement when the fidicommis is set up and that the trustees would be a specified number of Jurats nominated by the Full Court from time to time along with the representative(s) of the Education Department. This would then enable any subsequent application to widen the terms of the trust to be brought by application before the Royal Court in the ordinary way.’

The Honorary Secretary, Geoffrey Coppock and myself met with Advocate Steven Pallot on 24th January 2012. He informed us that he is ready to act on the changes to the law and will prepare a brief for Pam Staley of the Law Officers when confirmation comes through from the Minister of Education, Sport & Culture.

Recommendation

The Minister, Deputy Ryan send a written instruction to Paul Matthews, the Deputy Judicial Greffier to confirm his agreement for The States to pass a Law to be sanctioned by Order of Her Majesty in Counsel to:-

iii) validate the Acts of the States of 1981 and 1997; and

iv) enable the Fund to be incorporated under the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations.