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Notice served under the Electricity (Jersey) Law 1937

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (15/11/2006) regarding Notice served under the Electricity (Jersey) Law 1937.

Subject:

Notice served under the Electricity (Jersey) Law 1937

Decision Reference:

MD-PH-2006-0096

Exempt clause(s):

None

Type of Report: (oral or written)

Written

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

N/A

Report

File ref:

PBA 66/5+6

Written Report –

Title

Field N°s 533 and 533a and Farm Track, Beauport Common, St Brelade

Written report - author

Philip Ahier

Decision(s):

The Minister decided, as recommended by Property Holdings, and with reference to the notice served on the public by the Jersey Electricity Co Ltd on 01 November 2006 under article 11 of the Electricity (Jersey) Law 1937 of its intention to lay a cable under part of the above-mentioned land, and the public’s right to attach to its consent certain terms or conditions or stipulations; that the terms, conditions and stipulations are:

  1. The public will receive from, or via, the Jersey Electricity Co Ltd, a fair and proper consideration for allowing its land to be used as a route for a cable serving third party properties, assessed to be £30,750 (thirty thousand, seven hundred and fifty pounds).
  1. That should the public’s existing or future use of the above-mentioned land be affected at any time by the laying of the subject cable, necessitating the re-routing of the cable, then all costs associated with that re-routing will be met by the Jersey Electricity Co Ltd.
  1. That the wayleave plan attached to the notice served on 01 November 2006 is inadequate to identify the route of the cable, and therefore an accurate “as-built” plan must be produced for the public showing the position of the cable with accurate dimensions.
  1. That the excavation and reinstatement of the public land will meet all reasonable requirements of the Environment Department.

 

Reason(s) for decision:

Under article 11 of the law, there is a 21 day period in which the public can attach to its consent any terms or conditions or stipulations which it sees fit. Should the Jersey Electricity Co Ltd object to any or all of the terms or conditions or stipulations made by the public and the two parties fail to agree, the matter will be referred to the inferior number of the Royal Court.

Action required:

The Director of Property Holdings is to arrange for the above-mentioned terms, conditions and stipulations to be communicated to the Jersey Electricity Co Ltd within 21 days of the notice served on the public on 01 November 2006.

Signature:

(Assistant Minister)[1]

Deputy J Le Fondré

Date of Decision:

MD-PH-2006-0096

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