Jersey Competition Regulatory Authority: Non-Executive Director Appointment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 April 2012:

Decision Reference: MD-E-2012-0044

Decision Summary Title :

Appointment of Mr. Peter Neville as Non-Executive Director of the JCRA.

Date of Decision Summary:

5 April 2012

Decision Summary Author:

Strategy Manager, Policy and Regulation

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 :

Jersey Competition Regulatory

Authority: Appointment of

Non-Executive Director

Date of Written Report:

5 April 2012

Written Report Author:

Strategy Manager. Policy and Regulation

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Jersey Competition Regulatory Authority -appointment of Mr. Peter Neville as a Non-Executive Director

Decision(s): The Minister appointed Mr. Peter Neville to the Board of the JCRA under powers conferred by Article 3(1)(b) of the Competition and Regulatory Authority (Jersey) Law 2001. The period of appointment is 11th April 2012 for a period of three years, to expire on 10th April 2015.

The Minister directed that the States be notified of the appointment in accordance with Article 3 (3) of the Law.

Reason(s) for Decision: Under the Competition Regulatory legislation as above, the Minister must appoint members of the JCRA Board after having first discussed such appointment with the Chairman of the Authority.

Resource Implications: Fees payable to Non-Executive Directors of the Authority are sourced from the Annual Grant made to the JCRA to administer the Competition Law as well as from the JCRA’s own accounts. There are therefore no resource implications for the States as a consequence of this decision.

Action required: The Greffier of the States is to be requested to arrange for the attached report to be presented to the States as an ‘R’ to inform members of Mr. Neville’s appointment in accordance with Article 3 (3) of the above Law.

The JCRA is to be informed that the Minister is content to appoint Mr Neville and a contract is to be signed.

Signature: Senator A.J.H.Maclean

Position: Minister

Date Signed:

Date of Decision (If different from Date Signed):