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44 Kensington Place - The Maisonette, St. Helier: Acquisition

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference:  MD-PH-2017-0050

Decision Summary Title:

Acquisition of The Maisonette, 44 Kensington Place

Date of Decision Summary:

14 November 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:

Acquisition of The Maisonette, 44 Kensington Place

Date of Written Report:

14 November 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:   Acquisition of The Maisonette, 44 Kensington Place, St Helier

Decision(s):

In accordance with Standing Order 168 (1) (a) the Minister approved, as recommended by Jersey Property Holdings, the acquisition of The Maisonette, 44 Kensington Place, St Helier.

Reason(s) for Decision:  

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 (MD-PH-2017-0003 refers).

2. The property known as The Maisonette, 44 Kensington Place forms part of the site acquisition requirements of the proposed Future Hospital site, approved as the preferred site by the States Assembly under P110/2016.

3. Vacant possession of the property is required by the third quarter of 2018 in order that the construction programme set out in the Outline Business Case, as contained in P107/2017, can be achieved.

4. Early acquisition of the property is beneficial as it both removes a risk to the Future Hospital project and also provides the vendor with certainty so they may move forward.

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.

 

  1. 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 E J Noel

Minister for Infrastructure

Date Signed:

 

 

Date of Decision:

 

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