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Novation of Development Agreement

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (03.08.06) to allow the Novation of Development Agreement - site of Catherine Quirke House.

Subject:

Novation of Development Agreement : Sandringham Investments Limited, Cool Waters Limited and Dandara (Sandringham) Limited- Site of Catherine Quirke House, St Helier

Decision Reference:

MD-PH-2006-0060

Exempt clause(s):

None

Type of Report: (oral or written)

Written

Person Giving Report (if oral):

N/A

Telephone or

e-mail Meeting?

N/A

Report

File ref:

NS 16/23/1-4

Written Report –

Title

Novation of Development Agreement : Sandringham Investments Limited Cool Waters Limited and Dandara (Sandringham) Limited- Site of Catherine Quirke House, St Helier

Written report - author

Neil Sproston

Decision(s):

1. That further to the Ministerial Approval dated 17 July 2006 in respect of the existing development agreement dated 2 February 2005, the Public’s consent be issued, to allow the novation agreement to be entered into that provides for the substitution of Sandringham Investments Limited and Cool Waters Limited for Dandara (Sandringham) Limited with the Public’s reasonable professional fees incurred being met.

2. Under Standing Order 168 (1) (a) and 168 (3) the Minister for Treasury and Resources hereby notifies the States that he has accepted the recommendation of Property Holdings to agree to the above land transaction.

The Minister hereby authorises the Attorney General and the Greffier of the States to pass any contracts on behalf of the Public of Jersey that may be necessary.

After the expiry of 15 days following presentation to the States the transaction may be concluded.

Reason(s) for decision:

Since the terms of the existing development agreement are otherwise unaffected by the novation agreement and transfer of contractual rights and responsibilities from Sandringham Investments Limited and Cool Waters Limited to Dandara (Sandringham) Limited, the Public’s position is not considered to be prejudiced by this proposal.

Action required:

In accordance with Standing Order 168(3) of the Standing Orders of the States of Jersey, this decision must be presented to the States at least 15 working days before the contract is passed before the Royal Court.

The Director of Property Holdings is to instruct the Law Officers’ Department and the States Greffe to pass the necessary contract, and to copy this decision to the Minister.

Signature:

(Assistant Minister)

John le Fondre

Date of Decision:

03 August 2006

 

 

 

 

 

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