Jersey Charity Commissioner: appointment.

STATES OF JERSEY

JERSEY CHARITY COMMISSIONER: APPOINTMENT

Presented to the States on 26th June 2017 by the Chief Minister

STATES GREFFE

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REPORT

Introduction

The Assistant Chief Minister, having consulted the Chief Minister, is presenting this Report to the States Assembly, giving 2 weeks' notice of his proposed intention to appoint Mr. John Frederick Mills, C.B.E. as the Jersey Charity Commissioner.

The Jersey Charity Commissioner is established under Article 3 and Schedule 1 of the Charities (Jersey) Law 20141 (the "2014 Law"). Article 3 states –

"3  Establishment of Jersey Charity Commissioner

1. There is established a corporation sole to be known as the Jersey Charity Commissioner.
2. Schedule 1 makes further provision in respect of the Commissioner."

Schedule 1, paragraph 1, of the 2014 Law requires that –

"1  Appointment of Commissioner

1. The Minister must appoint a person appearing to the Minister to be suitable to hold the office of the Commissioner.
2. Before appointing a person as the Commissioner, the Minister must seek the  views  of  the  Jersey  Appointments  Commission,  established  by Article 17 of the Employment of States of Jersey Employees (Jersey) Law 20052, on the appointment (without prejudice to the powers of the States or the Jersey Appointments Commission under Article 15 of that Law).
3. The Minister must, at least 2 weeks before appointing a person as the Commissioner, present to the States a notice of his or her intention to make the appointment."

Background to the Charity Commissioner

The  2014 Law  provides  for  the  establishment  of  the  Charity  Commissioner.  The functions of the Charity Commissioner, which are conferred on them by the 2014 Law, include –

under Article 4(1)(a):  "to administer the charity test under Part 3, and to operate the charity register under Part 4;"

under Article 4(3)(a):  "provide  information  to  the  public  about  the  system  of registration of charities,"

under Article 4(4):  "seek to act in a way that –

(a)  protects  public  trust  and  confidence  in  registered charities,"

1 chapter 15.070 2 chapter 16.325

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Matters relating to appointment

A biography of Mr. Mills is set out below.

In accordance with the requirements of the 2014 Law, the selection process was overseen by the Jersey Appointments Commission.

Financial and resource implications

The Commissioner will be paid £500 per day for a standard 60 days per year. This is equivalent to 5 days per month, but will fluctuate on a monthly basis depending on working requirements. Costs associated with the Charity Commissioner are met from the Community and Constitutional Affairs departmental budget. Charity registration will be free to all charities and, therefore, no income is expected.

Short biography: Mr. John Frederick Mills, C.B.E., M.A., B.Lit.

Mr. Mills had a lengthy public service career in the U.K., Hong Kong and Jersey, holding a range of senior positions, including as a member of the Prime Minister's Policy Unit and as a director at the Office of Fair Trading. In the 1990s he forsook Whitehall  for  local  government,  becoming  Chief  Executive  of  Cornwall  County Council. From there, he was recruited to the role of Chief Executive (Policy and Resources) in Jersey, the senior post in the States' administration. He ended his full- time career in the Department for the Environment, Food and Rural Affairs in London, where he was Director of Rural Policy.

Over the last 10 years, Mr. Mills has held a variety of non-executive roles in Jersey and in the U.K. He was a Commissioner of the Financial Services Commission from 2009 – 2014, and is currently Senior Independent Director of Ports of Jersey Ltd. and the Jersey-based Director of the Channel Islands Financial Ombudsman. Honorary roles in Jersey have included membership of the States Members' Remuneration Review Body from 2011 – 2017 and Tax Commissioner of Appeal (2009 – 2017), from which latter role he has stepped down upon appointment as Charity Commissioner.

As a governor of a large educational charity in London from 1993 – 2017 (chairman of the  trustees  1999 – 2017),  Mr. Mills  gained  considerable  experience  of  charity governance and public benefit delivery in a regulated environment akin to that now about to commence in Jersey. His roles, in Cornwall and at D.E.F.R.A. especially, brought  him  into  close  contact  with  a  wide  range  of  charities  and  voluntary organisations,  small  and  large,  including  those  delivering  public  sector  contracts. Since 2011, he has been a trustee of a small Jersey charity, from which role, however, he is stepping down upon appointment.

Mr. Mills was educated at Highgate School, London, and the University of Oxford, where he was awarded First-Class Honours in the School of Modern History, and subsequently read for a research degree in Medieval English History. He is a sometime Senior Scholar of Merton College, Oxford.

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