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

Ports of Jersey Limited: Company Formation Documents

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 September 2015:

Decision Reference:  MD-TR-2015-0090

Decision Summary Title:

Company formation documents for Ports of Jersey Limited

Date of Decision Summary:

11th September 2015

Decision Summary Author:

Head of Shareholder Relations

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Company formation documents for Ports of Jersey Limited

Date of Written Report:

11th September 2015

Written Report Author:

Head of Shareholder Relations

Written Report :

Public or Exempt?

Public

Subject:

Company formation documents for Ports of Jersey Limited.

Decision(s):

The Minister, being responsible for the States shareholding in Ports of Jersey Limited, decided to:

 

  • formally proceed with the creation of Ports of Jersey Limited, with a share capital of £1,000 divided into one thousand ordinary shares of £1 each, to be held by States of Jersey Investments Limited.

 

  • instruct States of Jersey Investments Limited to establish Ports of Jersey Limited in accordance with the decision above and based on the Memorandum and Articles of Association included as an Appendix to the attached report.

 

  • instruct the Board of Ports of Jersey Limited (currently the Shadow Board) that the company will remain inactive but transfer ready i.e. it will not trade until 1st October 2015 when it formally receives its statutory powers.

Reason(s) for Decision:

In October 2012, the States debated P.70/2012: Incorporation of Ports of Jersey and approved “in principle” the incorporation of the Ports. The Minister for Economic Development was also requested to take the necessary action to prepare for incorporation, including preparation of legislation. As a result the States approved P.5/2015 Draft Air and Sea Ports (Incorporation) (Jersey) Law 2015, which was approved by the Privy Council on 15th July 2015. The Air and Sea Ports Incorporation (Transfer) (Jersey) Regulations 2015 were debated and approved by the States on 8th September 2015 along with the Appointed Day Act.

 

The incorporation of the Ports is therefore due to take place on 1st October 2015. Certain administrative preparations need to have been made in advance of this date for Ports of Jersey Limited to become fully operational from 1st October 2015. These preparations include the formal creation of Ports of Jersey Limited as a Jersey company regulated by the JFSC.

 

States of Jersey Investments Limited acts a Nominee and Trustee for the majority of the States of Jersey and its Minister for Treasury and Resources shareholdings in accordance with the Declaration of Trust.

Resource Implications:

There are no resource implications for the States as a result of this decision.

Action required:  

The Company Secretary of States of Jersey Investments Limited to ensure resolutions are passed by States of Jersey Investments to implement the instructions given by this Ministerial Decision to establish Ports of Jersey Limited.

 

Head of Shareholder Relations to arrange for the Treasurer and Deputy Treasurer, acting as Nominee and Trustee ordinary shareholders on behalf of the States of Jersey, to sign the necessary documentation to establish Ports of Jersey Limited, including the Memorandum and Articles of Association.

 

Head of Shareholder Relations to forward a copy of this Ministerial Decision to the Group Chief Executive of Ports of Jersey to confirm that whilst Ports of Jersey Limited will have been formed it must not trade until 1st October 2015.

 

Signature:

 

 

Position: Senator A J H  Maclean, Minister for Treasury and Resources

 

 

Date Signed:

Date of Decision:

 

Back to top
rating button