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Lord Portsea Trust: Constitution: Amended

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 October 2013:

Decision Reference:  MD-ESC-2013-0018 

Decision Summary Title):

Lord Portsea Trust – amended constitution

Date of Decision Summary:

27 September 2013

Decision Summary Author:

 

Andy Gibbs

Head of Lifelong Learning & Skills

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Lord Portsea Gift Fund: Revised rules and conditions

Date of Written Report:

27 September 2013

Written Report Author:

Andy Gibbs

Head of Lifelong Learning & Skills

Written Report :

Public or Exempt?

 

Public

Subject: Lord Portsea Trust – adapting the structure of the fund to take account of the move to Ministerial government and placing the administration of the Fund on a more conventional footing by incorporating it under the Loi (1862) sur les teneures en fideicommis et l’incorporation d’associations (“the 1862 Law”)

 

Decision(s):  The Minister approved the attached report and proposition for lodging ‘au Greffe’ in order to seek the approval of the States

Reason(s) for Decision:  The Lord Portsea Gift Fund was established, with the approval of the Royal Court, by Act of the States dated 25th May 1971. The rules and conditions of the fund were amended on two subsequent occasions by further Acts. The introduction of Ministerial government has meant that changes need to be made to the administrative structure of the Fund which can also be placed on a more conventional footing by applying for incorporation to the Royal Court. This would mean that any future changes to the Fund would not require drafting of Acts of the States.

Resource Implications:  None

Action required:  The Greffier of the States to be requested to arrange for the attached proposition to be lodged ‘au Greffe’ and, subject to the approval of the States Assembly, an application to be made to the Royal Court to incorporate the Fund under the Loi (1862) sur les teneures en fideicommis et l’incorporation d’associations (“the 1862 Law”).

Signature:

 

 

Position:

Minister for Education, Sport and Culture

 

Date Signed:

 

 

Date of Decision:

 

1st October 2013

 

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