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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Property Holdings - delegation of powers to sign leases

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (20.02.06) to delegate the authority to sign leases.

Subject:

Delegation of Powers

Decision Reference:

MD-PH-2006-0013

Exempt clause(s):

 

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

Execution of leases

Written report - author

Eric Le Ruez

Decision(s): In accordance with Article 28 of the States of Jersey Law the Treasury and Resources Minister delegates

to the Assistant Minister the power to sign, on behalf of the public of the island of Jersey, any lease for a term of less than 9 years; and

to the Director, Property Holdings, and in his absence the Assistant Director, the power to sign, on behalf of the public of the Island of Jersey, any lease with a value not exceeding £50,000 per annum and for a term of less than 9 years.

Reason(s) for decision: The Assistant Minister, by decision of the Minister dated 22nd December 2005, has been granted the power to grant or accept leases for any value and for any period of time. The Director, and in his absence the Assistant Director, Property Holdings have, by decision of the Minister dated 22nd December 2005, been granted the power to grant or accept leases on behalf of the public up to a value of no more than £50,000 per annum.

This decision now permits the Assistant Minister to execute any lease of up to 9 years.

By the same decision the officers are authorised to execute leases where they are for terms of less than 9 years and valued at less than £50,000 per annum.

Action required:

Director of Property Holdings to notify Greffier of the States of this decision.

Signature:

Minister Senator Terry Le Sueur

Date of Decision:

20 February 2006

 

 

 

 

 

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