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Apartment No. 1, Block H, Les Quennevais Park, St. Brelade: Cancellation of Existing 99 Year Lease and Transfer of the Public's Flying-Freehold Ownership

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 21 January 2022

Decision Reference: MD-PH-2022-0002

Decision Summary Title :

Apartment N° 1, Block H, Les Quennevais Park, St Brelade – Cancellation of Existing 99-Year Lease and Transfer of the Public’s Flying-Freehold Ownership

Date of Decision Summary:

17 January 2022

Decision Summary Author:

Estates Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Apartment N° 1, Block H, Les Quennevais Park, St Brelade – Cancellation of Existing 99-Year Lease and Transfer of the Public’s Flying-Freehold Ownership

Date of Written Report:

17 January 2022

Written Report Author:

Estates Manager

Written Report:

Public or Exempt?

WR: Exempt QE Article 33(b) and QE Article 34(b)

SD (Plan): Public

Subject:  Apartment N° 1, Block H, Les Quennevais Park, St Brelade – Cancellation of                             Existing 99-Year Lease and Transfer of the Public’s Flying-Freehold Ownership

  PBA 2070-01-001

Decision(s):

In accordance with Standing Order 168 (1) (a) the Minister approved, as recommended by Jersey Property Holdings, the cancellation of the existing 99-year lease of the above-mentioned apartment, and the transfer of the Public’s Flying-Freehold interest in the unit - for an agreed consideration, plus reasonable costs incurred.

Reason(s) for Decision:

To accommodate a request by the Long-Leaseholders of the apartment to convert to Flying-Freehold ownership, to facilitate the onward sale of the apartment.

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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