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STATES OF JERSEY
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JERSEY COMPETITION REGULATORY AUTHORITY: RE-APPOINTMENT OF NON-EXECUTIVE DIRECTOR
Presented to the States on 27th November 2019 by the Chief Minister
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REPORT
Background
The Chief Minister (the "Minister") re-appointed Ms. Hannah Nixon as Non-Executive Director of the Jersey Competition Regulatory Authority ("JCRA") for a further term of one year under powers conferred by Article 3(1)(b) of the Competition Regulatory Authority (Jersey) Law 2001 ("the Law").
The period of appointment is from 13th March 2020 for a period of one year to expire on 12th March 2021. In accordance with Article 3(1)(b) of the Law, the Minister must appoint members of the JCRA Board after having first discussed such appointments with the Chair of the Authority. Under Article 3(3A) of the Law, the Minister is required to notify the States of appointments of members of the JCRA.
Under normal circumstances, the States would have been notified of an appointment of a Non-Executive Director for a term of several years. However, Ms. Nixon's term of office ends in March 2020, and is fast approaching at the same time as a recruitment process for the Chair of the JCRA is in train. The current Chair has indicated that he will be standing down at the end of his term on 31st December 2019. Ms. Nixon has therefore agreed to stand as a Non-Executive Director for a further year to assist the Authority through this transitional time.
In addition to ensuring organisational continuity, the rationale for a short-term re-appointment is to give the new Chair the opportunity to re-shape the Board of the JCRA, should s/he wish to do so.
States Members will be aware that the JCRA shares a Chair, Board and staff with the Guernsey Competition and Regulatory Authority ("GCRA"), under the joint heading of the Channel Islands Competition and Regulatory Authorities ("CICRA"). The JCRA and the GCRA administer different Laws in each Island respectively, but share resources and co-operate on pan-Channel Islands issues.
Guernsey's Committee for Economic Development will also re-appoint Ms. Nixon as a Non-Executive Chair of GCRA for the period 13th March 2020 to 12th March 2021.
Ms. Nixon as Non-Executive Director (2014–2020)
Ms. Hannah Nixon was originally appointed to the Board of the JCRA in 2014 after a competitive recruitment process overseen by the Jersey Appointments Commission. Ms. Nixon's current term expires on 12th March 2020.
In September 2018, Ms. Nixon succeeded Philip Marsden as Chair of the JCRA's Audit and Risk Committee. The members of this Committee are the non-executive members, excluding the Chair.
Recommendation of Ms. Nixon
An economist by background, Ms. Nixon has extensive experience in economic, regulation and competition issues, working across a range of industries in the public and private sectors. She was, until recently, the Managing Director of the newly established Payment Systems Regulator, which has responsibility for regulating the £75 trillion
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payment systems industry in the UK. Ms. Nixon is currently a Director at C. Nixon and Partners LLP.
Ms. Nixon was previously a Senior Partner at Ofgem, the UK gas and electricity regulator; she was also Ofgem's Head of Profession for Economics. She had particular responsibility for leading the regulation of the local distribution network companies. Whilst at Ofgem, Ms. Nixon led the development and implementation of RIIO, a new and innovative approach to regulation. She was also Ofgem's Head of Profession for Economics.
Before that, Ms. Nixon was Head of Regulatory Economics at the Office of Rail Regulation ("ORR"), a founding member of CEPA, an economic and financial consultancy, and a Vice-President of Deutsche Bank's global markets economics team.
Since April 2019, Ms. Nixon has been a Non-Executive Director of the National Grid Electricity System Operator.
The Chair of the JCRA and the Jersey Appointments Commission have been consulted and support a one-year extension of Ms. Nixon's term as Non-Executive Director of the JCRA.
Resource implications
The Chief Executive's Office provides the Authority with an Annual Grant to administer the Competition Regulatory Authority (Jersey) Law 2001 (£300,000 in 2019).
Fees payable to Non-Executive Directors of the JCRA are sourced from the Annual Grant made to the JCRA, as well as from the JCRA's own accounts.
There are no other resource implications for the States arising from this re-appointment.
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