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Forts and Towers - various: Lease to Jersey Heritage Trust

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 October 2020:

Decision Reference: MD-PH-2020-0033

 

Decision Summary Title :

Forts and Towers – 99 Year Lease

Date of Decision Summary:

12 October 2020

Decision Summary Author:

Principal Surveyor – Estates Management

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Forts and Towers – 99 Year Lease

Date of Written Report:

12 October 2020

Written Report Author:

Principal Surveyor – Estates Management

Written Report :

Public or Exempt?

Exempt

Clause refs. QE Article 33(b) and QE Article 34(b)

Subject: Forts and Towers – 99 Year Lease

AV 50/P/35

Decision(s):

In accordance with Standing Order 168 (1) (a) the Minister agreed, as recommended by Jersey Property Holdings, for the Public to terminate the existing Management Agreement and enter into a 99-year Lease with Jersey Heritage Trust for various Forts, Towers and Ruins.

Reason(s) for Decision:

The current management agreement is no longer fit for purpose and it is considers that a new lease is the best option.

Resource Implications:

  1.       The financial implications of this decision are detailed in the accompanying report.
  2.       There are no manpower implications in respect of this decision.
  3. When the transaction is concluded the fixed asset register and States balance sheet will be amended to account for the transaction.

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 before Court or concluded.  After the expiry of 15 working days following presentation to the States the transaction may be concluded.

 

2. The Minister hereby authorised, as applicable:

 

a. under Standing Order 168 (5) the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public

 

b. the Director of Jersey Property Holdings to conclude any contract which is required to be concluded on behalf of the Public.

 

Signature:

 

 

Position:

Deputy K Lewis

Minister for Infrastructure

 

Date Signed:

 

Date of Decision (If different from Date Signed):

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