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Jersey Child Care Trust (JCCT): Changes to 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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A decision made on 1 June 2012:

Subject:

Changes to Jersey Child Care Trust (JCCT) Constitution

Decision  Summary:

MD-ESC-2012-0013

Date of Decision Summary:

4th May 2012

Decision Summary Author:

David Greenwood Assistant Director : Culture & Lifelong Learning

Decision Summary:

Public or Exempt?

Public

Type of Report Oral or Written):

Written

Person Giving Oral Report:

N/A

Written Report Title:

Changes to Jersey Child Care Trust (JCCT) Constitution

 

Date of Written Report:

4th May 2012

Written  Report Author:

David Greenwood Assistant Director : Culture & Lifelong Learning

Written Report:

Public or Exempt

Public

Subject:

Changes to Jersey Child Care Trust (JCCT) Constitution in order to take account of the introduction of Ministerial Government

Decision(s):  

 

The Minister approved an amendment to the Constitution of the Jersey Child Care Trust. The amendment replaces the requirement for the Chairman to be appointed by the States, and provides for a process in which the appointment is made by the Minister for DfESC in accordance with the revised procedures for appointment laid down in P205/2009 which was approved by the States on the 2nd February 2010.

Reason(s) for decision:

 

  • Changes to the JCCT constitution must be approved by the Royal Court
  • This decision enables the JCCT to confirm to the Royal Court that the proposed change is in accordance with P205/2009 and that the proposal is supported by the Minister for Education, Sport and Culture.

Resource Implications :

 

  There are no resource implications.

Action required: 

 

Advise the Greffier of the States and the Jersey Childcare Trust of this Ministerial Decision.

Signature:

 

 

Date of Decision:

 

 

Date Signed:

Date of Decision:

Jersey Child Care Trust (JCCT): Changes to constitution

 

Minister for Education, Sport and Culture

4th May 2012

Changes to JCCT Constitution

 

The current JCCT constitution requires the Minister for Education Sport and Culture to recommend his preferred candidate for the role of Chairman to the States for approval.

With the advent of Ministerial Government however, revised procedures for appointments were established and are described in P205/2009, which was approved by the States on 2nd February 2010.

In order to comply with the new procedures, JCCT will be required to amend its constitution, replacing:

‘Chair, an independent person who is not a States member, to be appointed by the States on the recommendation of the Minister for Education, Sport and Culture’

With the following text:

 ‘Chair, An independent person, who is not a States member, to be appointed by the Minister for Education, Sport and Culture in accordance with the revised procedures for appointments laid down in P205/2009 approved by the States on the 2nd February 2010.’

Changes to the JCCT constitution require Royal Court approval and therefore the Minister is requested to:

  1. Determine to approve the recommendation to amend the constitution
  2. Inform the Greffier of the States of his decision
  3. Inform JCCT of his decision and request JCCT to undertake the necessary actions to gain Royal Court approval for the proposed constitutional change.
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