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Loi Sur L'Association Dite 'The Jersey Football Association' (Repeal) (Jersey) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2012:

Decision Reference: MD-ESC-2011-0040

Decision Summary Title):

LOI SUR L’ASSOCIATION DITE ‘THE JERSEY FOOTBALL ASSOCIATION’ (REPEAL) (JERSEY) LAW 2009

Date of Decision Summary:

30th  November 2011

Decision Summary Author:

Derek de la Haye

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

LOI SUR L’ASSOCIATION DITE ‘THE JERSEY FOOTBALL ASSOCIATION’ (REPEAL) (JERSEY) LAW 201-

Date of Written Report:

30th  November 2011

Written Report Author:

Derek de la Haye

Written Report :

Public or Exempt?

Public

Subject:   Incorporation of the Jersey Football Association

 

Decision(s):  The Minister agreed to Lodge Au Greffe the report to incorporate the Jersey Football Association

 

Reason(s) for Decision: At present the Jersey Football Association (“Association”) is an association incorporated by Act of the Royal Court dated 29 April 1952. 

 

Given the current status of the Association, it is not possible to make constitutional and/or other noteworthy changes in respect of the Association without the passing of a further law.  The inflexible nature of this arrangement is a significant encumbrance upon the Association, which should simply be able to evolve and administer itself pursuant to the ongoing wishes of its board, council or members.  The current arrangement is considered unduly restrictive and anachronistic. 

 

It is believed that the Association should become a private company limited by guarantee which would enable it to benefit from the freedom that Jersey companies enjoy and, with it, the benefits of limited liability (which is not something that it currently has).  It would also place the Association on a clearer footing, falling within the comprehensive framework of the Companies Law. 

 

In order for this to happen it requires it to be agreed by the States.

 

Resource Implications: None

 

Action required: The Minister to lodge the report

 

Signature:

 

 

Position:

Minister for Education, Sport and Culture

 

Date Signed:

 

 

Date of Decision:

 

 

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