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Housing Development Fund: Andium Homes Limited: Approval of loan for Ann Street Brewery site 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 August 2017:

Decision Reference:  MD-TR-2017-0105

Decision Summary Title:

Housing Development Fund - Andium Homes Ltd: Approval of loan – Ann Street Brewery Site acquisition.

Date of Decision Summary:

3rd August 2017

Decision Summary Author:

Head of Shareholder Relations

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Housing Development Fund - Andium Homes Ltd: Approval of loan – Ann Street Brewery acquisition.

Date of Written Report:

3rd August 2017

Written Report Author:

Head of Shareholder Relations

Written Report :

Public or Exempt?

Exempt – FOI Art. 33

Subject:

Housing Development Fund - Andium Homes Ltd: Approval of a loan in the sum of £7,050,000 (Ann Street Brewery Site acquisition.)

Decision(s):

The Minister for Treasury and Resources:-

  • approved the loan of £7,050,000 at an interest rate of 5.0% to Andium Homes Ltd for a period from 10th August 2017 expiring at the end of 2019 and on the basis of the Loan Schedule, attached as Appendix 1 to the accompanying written report.
  • authorised the Treasurer of the States to sign the Loan Agreement in accordance with this Ministerial Decision.
  • Agreed that a letter be sent by the Guarantor to advise Andium Homes that full liability for repayments under this loan rests wholly with them and, for example, any loss on the sale of the site in the event of planning permission not being obtained, must not fall to the Guarantor as lender, nor compromise Andium’s Annual Return commitments.

This loan to be met from the £207 million allocated from the Bond issue and earmarked for lending to Andium Homes Ltd.

Reason(s) for decision:  

The loan is required in relation to Andium Homes acquisition of the Ann Street Brewery site and associated buildings in order to provide new affordable homes for sale and rental. This is in support of P.33/2013: The Reform of Social Housing.

 

The States in approving P.129/2014 on 22nd  September 2014 agreed that the Minister could lend under Article 3(3)(b) of the Public Finances Law, 2005, to Andium Homes Ltd.

Resource Implications:

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

Action required:

The Head of Decision Support to notify the Head of Shareholder Relations once this decision has been approved.

 

The Head of Shareholder Relations to produce the necessary loan agreement, based on the Model Loan Agreement approved in MD-TR-2014-0084 for signing by the Treasurer of the States.

 

The Head of Shareholder Relations to draft the necessary letter for the Minister as Guarantor to send to Andium Homes.

 

The Head of Shareholder Relations to advise the Chief Operating Officer and Finance Director of Andium Homes Ltd that the Loan request has been approved and that the Loan agreement is being produced.

Signature:

 

 

Position: Senator A J H Maclean, Minister for Treasury and Resources

 

Date Signed:

 

Date of Decision:

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