Commercial Property Guidance during the Covid-19 period

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 14 April 2020

MINISTERIAL DECISION REFERENCE: MD-E-2020-0015
DECISION SUMMARY TITLE: Guidance for Commercial Property during the COVID-19 period
DECISION SUMMARY AUTHOR:	Lead Policy Advisor, Financial Services	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Guidance for Commercial Property during the COVID-19 period
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	N/A	IS THE REPORT PUBLIC OR EXEMPT		Public
DECISION AND REASON FOR THE DECISION: The Minister for Economic Development, Tourism, Sport and Culture approved a Guidance relating to rent and other payments for landlords and tenants of Commercial Property during the COVID-19 crisis (the “Guidance”) and requested that this is presented to the States Assembly as a report in the ‘R’ series. The Guidance acts as a pragmatic set of guidelines, which the Courts will adopt by way of a Practice Direction, as to how landlords and tenants should be expected to behave during COVID-19 period. It will help to manage relationships and potential conflict between businesses and their landlords at this unprecedented time for the economy. Sector representatives have been consulted and are generally supportive of the Guidance and the Minister’s proposed approach. The Bailiff, Deputy Bailiff and Lead Magistrate have reviewed the Guidance and are satisfied with its terms and are content to adopt it by way of a Practice Direction.
RESOURCE IMPLICATIONS: There are no resource implications for the States of Jersey as a result of this decision.
ACTION REQUIRED: The Greffier of the States was requested to arrange for the publication of the Guidance as part of the ‘R’series of Reports of the States Assembly.
SIGNATURE: SENATOR LYNDON FARNHAM			POSITION: MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORTS AND CULTURE

DATE SIGNED: 14.04.20			EFFECTIVE DATE OF THE DECISION