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Budget transfer from Central Contingency to Chief Minister's Department: Jersey Competition Regulatory Authority: Grant

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 13 October 2017:

Decision Reference:  MD-TR-2017-0127

Decision Summary Title:

Central Contingency funding allocation to CMD to cover JCRA costs

Date of Decision Summary:

9th October 2017

Decision Summary Author:

Head of Decision Support

Decision Summary:

Public or Exempt?

Public

 

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Central Contingency funding allocation to cover JCRA Costs under the Competition Law

Date of Written Report:

9th October 2017

Written Report Author:

Head of Decision Support

Written Report :

Public or Exempt?

Exempt

(Art 26, 33, 34 and 42)

 

Subject:  

Request for additional funding of up to £150,000 from Central Contingency to the Chief Minister’s Department (“CMD”) to make a further grant to the Jersey Competition Regulatory Authority (“JCRA”)

Decision(s):

The Minister decided to approve the additional funding of up to £150,000 from Central Contingency to the Chief Minister’s Department to make a further grant to the Jersey Competition Regulatory Authority.

Reason(s) for Decision:

Article 17(2) of the Public Finances (Jersey) Law 2005 states that the Minister for Treasury and Resources is authorised to approve the transfer from contingency expenditure of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year.

 

The current Contingency Allocation Policy (published as R.110/2017) sets the requirement for all allocations from Contingency over £100,000 to be considered by the Council of Ministers prior to submission to the Minister for approval.

 

The additional funding arises from the JCRA’s ongoing appeal against a legal challenge in 2016 over a decision taken under the Competition (Jersey) Law 2005.

 

The request was approved by the Council of Ministers at their meeting on 28th September 2017.

Resource Implications:

Central Contingency will decrease by up to £150,000 and the CMD revenue head of expenditure will increase by an identical amount in 2017.

Action required: Head of Decision Support to advise the Finance Manager – Corporate Group once this decision has been approved.  

Signature:

 

 

 

 

Position: Connetable John Refault,

Assistant Minister for Treasury and Resources

                

 

Date Signed:

Date of Decision:

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