Charity Tribunal: Re-appointment of Chair and members

STATES OF JERSEY

CHARITY TRIBUNAL: RE- APPOINTMENT OF CHAIR AND MEMBERS

Presented to the States on 18th June 2024 by the Minister for External Relations

STATES GREFFE

2024  R.106

REPORT

INTRODUCTION

The Minister for External Relations (to whom responsibility for the Charities (Jersey) Law 2014 (the "Law"), is presenting this Report to the States Assembly, giving the requisite 2 weeks' notice of his intention to reappoint the following individuals as Chair, Vice-Chair and members of the Charity Tribunal respectively for a further 3 year period:

Sarah Bartram-Lora Reina as Chair; Anna Przybyszewska as Vice-Chair; Martin Elks, and Kevin Hart as Members

THE LAW

The Charity Tribunal is established under Article 32 and Schedule 2 of the Law. Article 32 states –

32 Establishment of Charity Tribunal

1. There is established a tribunal to be known as the Charity Tribunal.
2. The function of the tribunal is to hear and determine appeals under this Part.
3. Schedule 2 makes further provision in respect of the tribunal.

Paragraph 1 of Schedule 2 of the Law states as follows: - 1 Appointment

1. The Minister must appoint as members of the tribunal at least 4, and no more than 8, persons appearing to the Minister to be suitable for the position and to have appropriate experience to safeguard the interests of the public and the charitable sector in Jersey.
2. Before appointing a person as a tribunal member, 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  2005  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 a tribunal member, present to the States a notice of his or her intention to make the appointment.
4. A person appointed as a tribunal member holds and vacates that position in accordance with the terms of his or her appointment, subject to this Law.
5. When appointing a person as a tribunal member the Minister must determine the period of the appointment, being not more than 6 years.
6. The Minister may re-appoint a person serving as a tribunal member (and references in this paragraph to appointment include re-appointment).

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7. The Minister must, among the members of the tribunal designate one as the chair and another as the vice-chair.
8. Service as a tribunal member is honorary, unless the Minister determines that the chair is, or all the members are, to be remunerated by the States as [the] Minister sees fit.

MATTERS RELATING TO APPOINTMENT

By Ministerial Decision (MD-C-2018-0025) Sarah Bartram-Lora Reina, Martin Elks, Anna Przybyszewska, Deborah Thompson, Kevin Hart and Dominic Hebert were appointed as Tribunal members with Ms Bartram-Lora Reina appointed as Chair. By Ministerial Decision (MD-C-2018-0160) Anna Przybyszewska was appointed as Vice- Chair. By Ministerial Decision (MD-ER-2021-0018) all members were reappointed as Tribunal members.

No cases have as of yet been heard by the Charity Tribunal.

Confirmation  has  been received  from  the  current Chair and  Vice  Chair,  and  the Members, Martin Elks, and Kevin Hart , that they are willing to continue as Chair, Vice- Chair, and members of the Tribunal respectively. The Minister intends to reappoint those members for a further term of three years to May 2027.

Deborah Thompson has confirmed that she does not wish to remain on the Tribunal.

In accordance with the requirements of the Law, the views of the Jersey Appointments Commission have been sought, and approval has been granted to proceed with the reappointments.

Brief biographical details for each appointee have been included at the end of this report. FINANCIAL AND RESOURCE IMPLICATIONS

Service as a tribunal member is honorary. Administrative costs associated with the Charity Tribunal will be met from the Cabinet Office budget.

BIOGRAPHICAL DETAILS

Sarah Bartram-Lora Reina (Chair)

Mrs  Bartram-Lora  Reina  is  a  Trustee  Director in a  local  Trust  Company  and  is responsible for managing assets held in trust on behalf of beneficiaries, acting on boards of corporate trustee and corporate director companies. With significant experience in trust management and administration, Mrs Bartram-Lora Reina brings this experience of fiduciary duties, regulatory responsibility and corporate governance to the role. She is President of the Jersey Association of Trust Companies ("JATCO") since 2021.

Ms Anna Przybyszewska (Vice-Chair)

Ms Przybyszewska is a Human Resources Professional with local experience working with Employment Tribunal cases. She is currently working for the States of Jersey as Head of Domestic Services Department for the Health & Social Services Department and also acts as an interpreter for the Law Officers, Police, Customs and Immigration

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Services. She has significant charitable experience in both Jersey and Poland working with children's charities and those involved in mental health and cancer relief.

Advocate Martin Elks

Advocate Elks has worked in the legal sector in Jersey since 2001. His work includes matters  of  family  law,  criminal  law,  negligence  and  personal  injury  claims, employment, trust law and work of a general commercial nature. He has conduct of both Legal Aid and Private Client cases, is approved to act as duty lawyer in the Magistrate's Court and Youth Court as well as at Police Headquarters. He has over 20 years' experience in charitable work including being a resident volunteer with a respite care provider for disabled adults and being a Governor of a local children's charity.

Mr Kevin Hart

Mr Hart is a Transport Industry Professional with over 25 years' experience in the public transport sector, with over 4 years' experience at senior board level for a subsidiary of a FTSE 250 company, and more recently 5 years at Director level for a Social Enterprise and UK Registered Charity. He provides support to the company HR Manager across the full spectrum of an employee life cycle including matters which have reached the Jersey Employment Tribunal.