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Future Hospital: 36 - 40 & 44 Kensington Place, St. Helier: Acquisition Negotiations

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 February 2017:

Decision Reference:  MD-PH-2017-0003

Decision Summary Title:

Authority to Negotiate the in-principle Acquisition of properties in Kensington Place

Date of Decision Summary:

14 February 2017

Decision Summary Author:

Director of Estates

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Authority to Negotiate the in-principle Acquisition of properties in Kensington Place

Date of Written Report:

14 February 2017

Written Report Author:

Director of Estates

Written Report :

Public or Exempt?

Exempt Clause Refs:

QE Article 33(b) and QE Article 34(b)

Subject:   Authority to Negotiate the in-principle Acquisition of properties in Kensington Place

Decision(s):

1) In accordance with the Department for Infrastructure’s scheme of delegation, the Minister for Infrastructure gave authority for the Director of Estates to enter into formal negotiations with the site owners of the Stafford and Revere Hotels, 36 – 40 Kensington Place and 44 Kensington Place, St Helier.

2) In accordance with the Department for Infrastructure’s scheme of delegation, the Minister for Infrastructure gave authority for the Director of Estates to enter into informal discussions with leaseholders and tenants of properties to establish an assessment of the value of their properties and their circumstances.

3) The Minister for Infrastructure gave authority for the Director of Estates to engage the services of an external surveyor / negotiator to support the negotiation process and undertake the associated valuations and for the Law Officers’ Department and Future Hospital Project Legal Advisor to advise on contingency acquisition issues.

No commitment to acquire will be entered into without confirmation of funding and will be subject to further decisions of both the Council of Ministers and Minister for Infrastructure.

Reason(s) for Decision:  

To progress the proposals for the priorities for investment in hospital services and detailed plans for a new hospital (either on a new site or a rebuilt and refurbished hospital on the current site), including full details of all manpower and resource implications necessary to implement the proposals as required by the States of Jersey’s approved proposition “Health and Social Services – A New Way Forward” P.82/2012.

Resource Implications:  

The resource implications of the negotiation are limited to the cost of obtaining valuations of compensatory land from an independent qualified land surveyor estimated to be £25,000 depending on the response of the Site Owners.

Action required:  

1) That the Director of Estates enter into formal negotiations with the site owners of the Stafford and Revere Hotels, 36 – 40 Kensington Place and 44 Kensington Place, St Helier.

2) That the Director of Estates enter into informal discussions with leaseholders and tenants of properties to establish an assessment of the value of their properties and their circumstances.

3) That the Director of Estates engage the services of an external surveyor / negotiator to support the negotiation process and undertake the associated valuations and for the Law Officers’ Department and Future Hospital Project Legal Advisor to advise on contingency acquisition issues.

Signature:

Position:

Date Signed:

Date of Decision:

 

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