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States of Jersey Development Company Ltd: Appointment of a Non-Executive Director to the Board

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 29 July 2022

Decision Reference:  MD-TR-2022-492

Public

Subject: Appointment of a Non-Executive Director to the Board of SoJDC

 

Report Title: Appointment of a Non-Executive Director to the Board of The States of Jersey Development Company Limited

Public

Decision(s):

The Minister for Treasury and Resources decided approved the appointment of Ms. Belinda Crosby as a Non-Executive Director of the States of Jersey Development Company and to lodge a report and proposition recommending the same to the States.

Reason for Decision(s):

Article 23 of the SoJDC Articles of Association states that the Board shall comprise the Chairman, the Managing Director, the Finance Director, the Ministerial Appointee, and a minimum of 3 States Appointees (in addition to the Chairman) and a maximum of 5 States Appointees (in addition to the Chairman).  Article 30(a) requires that States Appointed Non-Executive Directors should be appointed by the States of Jersey on the recommendation of the Minister for Treasury and Resources and that the appointment shall take effect upon delivery to the office of notice in writing to that effect executed in accordance with Article 21(b) of the Articles of Association.

Resource Implications: There are no financial and/or manpower implications for the States arising from this decision.

 

Action Required: The Minister’s Private Secretary to notify the Head of Shareholder Relations that the decision has been approved.   The Head of Shareholder Relations to inform the Managing Director of SoJDC that this decision has been approved and the Greffier of the States to be requested to arrange for the Proposition to be lodged and debated at the earliest possible date.

Signature:

 

 

Signed By: Minister for Treasury and Resources

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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