Loi (201-) (Amendment No. 6) Sur La Propriete Fonciere

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 September 2017:

MINISTERIAL DECISION REFERENCE: MD-C-2017-0122
DECISION SUMMARY TITLE: Loi (201-) (Amendement No.6) Sur La Propriété Foncière: Decision to lodge ‘au Greffe’
DECISION SUMMARY AUTHOR:	Executive Officer, Legislation Advisory Panel	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Loi (201-) (Amendement No.6) Sur La Propriété Foncière
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:	Executive Officer, Legislation Advisory Panel	IS THE REPORT PUBLIC OR EXEMPT?		Public
DECISION AND REASON FOR THE DECISION: Further to a recommendation of the Legislation Advisory Panel, the Chief Minister approved for lodging ‘au Greffe’ the Loi (201-) (Amendement No.6) Sur La Propriété Foncière. The amendment, if approved, would make it possible to register a hypothec for a percentage of the value of a property as an alternative to a specific capital sum. This would facilitate the introduction of shared equity schemes in Jersey. The amendment would also extend the prescription period for the renewal of a judicial hypothec in relation to acknowledgements of debt from 10 to 30 years.
RESOURCE IMPLICATIONS: At present, a fee of £80 is payable to the Judicial Greffe to cover the administrative cost of renewing a judicial hypothec at 10 yearly intervals. The stamp duty collected on immoveable property transactions and borrowings is approximately £25 million per year, of which this fee generates approximately £225,000. The fee will now be payable at 30 year intervals and, consequentially, there will be a reduction in the revenue from this fee to the Treasury. There are no manpower implications for the States arising from the adoption of this draft Law.
ACTION REQUIRED: The Policy Officer will notify the Greffier of the States of this Ministerial Decision and request that the Draft Amendment be lodged ‘au Greffe’ for debate by the States Assembly at the earliest opportunity.
SIGNATURE:			POSITION: Senator Ian Gorst Chief Minister
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: