Scott Gibaut Homes Trust: Approval of Constitution

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 November 2010 regarding approval of the Scott Gibaut Homes Trust Constitution

Decision Reference: MD-H-2010-0092
Decision Summary Title :	DS – Approval of Scott Gibaut Homes Trust Constitution		Date of Decision Summary:	28 October 2010
Decision Summary Author:	Director of Housing Services		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-Approval of Scott Gibaut Homes Trust Constitution		Date of Written Report:	28 October 2010
Written Report Author:	Director of Housing Services		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: To approve amendments to Clause 3(a) of the Scott Gibaut Homes Trust constitution.
Decision(s): The Minister approved the amendment of Clause 3(a) of the Scott Gibaut Homes Trust constitution to allow units of accommodation at Clearview Place, St. Helier, to be occupied by a wider group of residents with disabilities, subject to the approval of the alteration by the Royal Court.
Reason(s) for Decision: The Minister must approve any changes made to the Scott Gibaut Homes Trust constitution, in accordance with Clause 10 of the said constitution.
Resource Implications: Financial: None
Action required: Director of Housing Services to advise the Chairman of the Scott Gibaut Homes Trust of the Minister’s approval of the revised constitution. Approval of the Royal Court in respect of the amendment to be sought in accordance with Clause 10(c) of the Scott Gibaut Homes Trust constitution.
Signature:		Position: MINISTER
Date Signed:		Date of Decision (If different from Date Signed):