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The Town Park: Lease of area of land to Jersey Electricity Company for electricity substation

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 28 July 2011:

Decision Reference: MD-PH-2011-0091

 

Decision Summary Title :

DS - The Town Park, Bath Street, St Helier – Electricity Substation – Proposed 99 Year Ground Lease

Date of Decision Summary:

19 July 2011

Decision Summary Author:

Principal Property Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR - The Town Park, Bath Street, St Helier – Electricity Substation – Proposed 99 Year Ground Lease PBA 0085

Date of Written Report:

19 July 2011

Written Report Author:

Principal Property Manager

Written Report :

Public or Exempt?

Public

SD - Public

Subject:  The Town Park, Bath Street, St Helier – Electricity Substation – Proposed 99 Year Ground Lease

Decision(s):

 

1.    The Minister decided, as recommended by Jersey Property Holdings, to notify the States of his intention to:

 

a.    agree a ground lease from the Public to JE PLC of an area of land located at the south-east corner of the Town Park measuring approximately 3.93 m x 5.94 m for an electricity substation, to include access rights across the site for 16 cable ducts and access rights to the substation, the term being 99 years, and the rental being £10 per annum payable as a lump sum upon passing contract before Royal Court, and with each party is to meet its own costs in connection with passing contract.

 

b.    to confirm the above decision after giving the States 15 working days’ notice of the transaction, and to cause the transaction to be completed.

Reason(s) for Decision:

 

1.   Under Standing Order 168 (1) (a) the Minister is obliged to notify the States that he has accepted the recommendation of Jersey Property Holdings to agree to the above land transaction.

 

2.   Under Standing Order 168 (5) the Minister hereby authorised the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public.

Resource Implications:

  1. The financial implications of this decision are set-out in the accompanying report.

 

  1. There are no manpower implications in respect of this decision.

 

  1. The Property Asset balance sheet implications in respect of this decision will be confirmed upon passing contract.

Action required:

 

1.    In accordance with Standing Order 168 (3) this decision must be presented to the States at least 15 working days before the contract is passed.  After the expiry of 15 working days following presentation to the States the transaction may be concluded.

Signature:

 

 

Position:

Connétable J M Réfault *

Assistant Minister for Treasury & Resources

 

 

        

 

Date Signed:

 

 

Date of Decision MD-PH-2011-0091

 

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