Companies (Amendment No. 1) Regulations 200-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 to approve and recommend that the lodging period for the Companies (Amendment No. 1) Regulations 200- be expedited

Subject:	Companies (Amendment No.1) Regulations 200- - approval and recommendation that lodging period be expedited
Decision Reference:	MD-E-2006-0005		Exempt clause(s):	N/A
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	N/A
Telephone or e-mail Meeting?	N/A		Report File ref:
Written report – Title	Companies (Amendment No.1) Regulations 200- - approval and recommendation that lodging period to expedited
Written report – Author (name and job title)	Paul de Gruchy, Finance Industry Executive
Decision(s): a) That the Regulations be approved b) That the Regulations be lodged for States approval, with the request that the Regulations be put to the States on or before 31 January 2006.
Reason(s) for decision: The Companies (Amendment No.8) (Jersey) 200- is expected to come into force on 1 February 2006. The Bankruptcy (Désastre) (Jersey) Law 200- has been approved by the States but is awaiting Privy Council sanction and is unlikely to come into force for several months. The Regulations are necessary to ensure that the position of creditors of a cell of a cell company are protected until such time as the Bankruptcy Amendment comes into force and it is therefore essential that the Regulations come into force at the same time as the Companies Law Amendment.
Action required: Lodge the Regulations and request that the Regulation be put to the States no later than 31 January 2006.
Signature: Senator Philip Ozouf, Minister – Economic Development		Date of Decision: 16 January 2006