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Law Drafting Instructions - Limited Partnerships.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (21/12/2006) regarding Approval of Law Drafting Instructions in relation to Limited Partnerships.

Subject:

Approval of law drafting instructions in relation to Limited Partnerships

Decision Reference:

MD-E-2006-0224

Exempt clause(s):

 

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

 

Report

File ref:

 

Written report – Title

Limited Partnerships– Law Drafting Proposals

Written report – Author

(name and job title)

Paul de Gruchy, Director, Finance Industry Development

Decision(s):

To approve the law drafting proposals in relation to amendments to the Limited Partnerships (Jersey) Law and a new Incorporated Limited Partnerships (Jersey) Law and request that the Director, Finance Industry Development liaise with the law draftsman to bring forward draft legislation for Ministerial approval.

Reason(s) for decision:

The changes proposed will provide Jersey with a limited liability partnership vehicle that has separate legal personality, while preserving the integrity of the existing limited partnership vehicles. The changes will also assist in clarifying the nature of Jersey limited partnerships and certain aspects of the registration of limited partnerships.

Action required:

Paul de Gruchy to liaise with the law draftsman and revert when legislation is ready for ministerial approval.

Signature:

Senator P.F.C.Ozouf

(Minister)

Date of Decision:

21 December 2006

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