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Jersey Airport: John Le Fondre Departures Hall: Lease Termination

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 December 2013:

Decision Reference: MD-E-2013-0116 

Decision Summary Title :

DS - Termination of Lease and lease back - John Le Fondre Hall St Peter

Date of Decision Summary:

29 November 2013

Decision Summary Author:

 

Head of Property

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR - Termination of Lease and lease back - John Le Fondre Hall St Peter

Date of Written Report:

29 November 2013

Written Report Author:

Head of Property

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Exempt 3.2.1(a)(i)

Subject:

Termination of Lease and lease back - John Le Fondre Hall St Peter

 

Decision(s):

The Assistant Minister approved

  1. the termination of the 125 year lease which was deemed to have commenced on the 1 June 1996 between the Public and the Bank (now HSBC).

 

  1. the termination of the 25 year lease which was deemed to have commenced on the 1 June 1996 between Public and the Bank (now HSBC).

 

  1. Requested the Minister for Treasury & Resources approves this land transaction in accordance with Standing Order 168.

 

Reason(s) for Decision:

  1. Under Standing Order 168(2)(a)&(b) the Assistant Minister is required to seek the approval of the Minister for Treasury & Resources for recommendations to dispose, acquire, let or rent land on behalf of the Public.

 

  1. in accordance with Standing order 168 (3) the Minister for Treasury & Resources must at least 15 working days before any binding contract is entered into, present to the States a document setting out the recommendation which he or she has accepted.

 

 

Resource Implications:

 

  1. The financial implications of this decision are detailed in the accompanying report.
  2. There are no manpower implications in respect of this decision.

 

Action required:

 

  1. In accordance with standing Order 168 (2)(b) this decision must be presented to the Minister for Treasury & Resources for approval.
  2. Once the approvals of the Minister for Treasury & Resources has been obtained, Ports of Jersey to pass the necessary contract and copy this decision to Jersey Property Holdings.

 

Signature:

 

 

 

Position:

Assistant Minister - Economic Development

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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