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Land and property delegated powers

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (06.03.06) to delegate powers to the Attorney General and the Greffier of the States to pass contracts on behalf of the public of Jersey.

Subject:

Land and Property Delegated Powers

Decision Reference:

MD-PH-2006-0017

Exempt clause(s):

N/A

Type of Report: (oral or written)

Oral

Person Giving Report (if oral):

Eric Le Ruez

Telephone or

e-mail Meeting?

 

Report

File ref:

 

Written Report –

Title

 

Written report - author

 

Decision(s):

In accordance with Article 28 of the States of Jersey Law the Treasury and Resources Minister delegates to the Assistant Minister, Treasury and Resources and to the Director, and in his absence the Assistant Director, Property Holdings, the power to authorise the Attorney General and the Greffier of the States to pass any contracts on behalf of the public of Jersey that may be necessary in regard to land transactions approved by the Minister or his delegates under Standing Order 168.

Reason(s) for decision:

Under Standing Order 168 (5) the Treasury and Resources Minister is empowered to Authorise the Attorney General and the Greffier of the States to pass any contract which is required to be passed on behalf of the public of Jersey. Under delegated powers some land transaction decisions will be taken by the Assistant Minister or designated officers but they are not empowered to authorise the Attorney General and Greffier to pass the necessary contracts. By delegating this power it no longer becomes necessary on every occasion to seek authorisation from the Minister for the Attorney General and Greffier to pass contracts.

Action required:

Director of Property Holdings to inform Attorney General and Greffier that delegated powers have been granted as above.

Director of Property Holdings to request Greffier to report new delegated power to the States.

Signature:

Minister - Senator Terry Le Sueur

Date of Decision:

6 March 2006

 

 

 

 

 

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