Jersey Consumer Council: Transitional Arrangements

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A decision made 1 November 2011 regarding:

Decision Reference: MD-ED-2011-0183
Decision Summary Title :	DS – Jersey Consumer Council – Transitional Arrangements		Date of Decision Summary:	28th October 2011
Decision Summary Author:	Director of Trading Standards		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Jersey Consumer Council – Transitional Arrangements		Date of Written Report:	28th October 2011
Written Report Author:	Director of Trading Standards		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Jersey Consumer Council – Transitional Arrangements
Decision(s): The Minister has decided to approve the recommendation in the attached report in relation to the re-appointment of Council members until 31st January 2012.
Reason(s) for Decision: The adoption by the States of P182/2010 has resulted in a new mandate for the Jersey Consumer Council. A requirement of that mandate led to P89/2011 to establish the Council as a legal entity. Once this is achieved there needs to be a clear understanding that the current Council Members will continue in office until the Appointments Commission has completed the recruitment of a new Chairman. This will ensure a smooth transition from the current position to the new mandate as laid out in P182/2010.
Resource Implications: There are no financial or manpower implications as a result of this decision.
Action required: Director of Trading Standards to notify current Chairman and Members of the transitional arrangements.
Signature: AJH Maclean		Position: Economic Development Minister
Date Signed:		Date of Decision (If different from Date Signed):

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Jersey Consumer Council: Transitional Arrangements

Economic Development Minister

Jersey Consumer Council -Transitional Arrangements

Appointment of New Chairman

Registration as a Legal Entity

Background

The Jersey Consumer Council (JCC) was created by Act of the States in 1995 and since that time the JCC has had the same Chairman, Senator Alan Breckon. Earlier this year the States adopted Proposition P182/2010 which prescribed a new mandate for the JCC and one major change from the previous constitution is that the Chairman is no longer required to be a States member. Another important change is that the JCC will be set up as an independent legal entity in the form of an Association under the Loi (1862) sur les teneures en fideicommis et l’incorporation d’associations in order to enable the Council to rent accommodation and enter into contracts in its own right.

Current Position

The term of office of Senator Breckon ends on 31st December 2011 and he stated in 2010 that he would not be seeking a further term as Chairman. The Jersey Appointments Commission is currently overseeing the recruitment and selection of a new Chairman for the JCC. This process will not be completed in time to enable a report and proposition by the Economic Development Minister recommending a replacement for Senator Breckon to be debated before the end of the year.

Regarding the setting up of the JCC as a legal entity as agreed by the States in adopting P89/2011, it is anticipated that this will be completed by mid November at the latest. Once the JCC exists as an Association with a registered constitution there will be a transitional period where the current Chairman and Council Members will need to remain in office until the new Chairman is formally appointed.

There are no financial or manpower implications as a result of this decision.

Recommendation

It is recommended that, by Ministerial Decision, the Minister re-appoints the current Council Members of the JCC pursuant to registration as an Association in the Royal Court. The period of re-appointment will cease no later than 31st January 2012 by when the States will have approved the appointment of a new Chairman.

Director

Trading Standards

28th October 2011