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HE Le Seelleur Charitable Fund: Use of additional income by Health and Social Services

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.

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  • 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 July 2020:

Decision Reference:  MD-TR-2020-0093

Decision Summary Title:

Health and Community Services – use of additional income from Charitable Fund

Date of Decision Summary:

29th July 2020

Decision Summary Author:

Head of Financial Governance

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Health and Community Services – use of additional income from Charitable Fund

Date of Written Report:

29th July 2020

Written Report Author:

Head of Financial Governance

Written Report :

Public or Exempt?

Public

Subject:

Health and Community Services – use of additional income from Charitable Fund

Decision(s):

The Minister agreed the use of additional income of £1.020 million from the HE Le Seelleur Charitable Fund by the Health and Community Services Department (HCS) in 2020.

 

Only the income directly needed to fund the expenditure detailed in 2020 is approved to be drawn down in 2020.

Reason(s) for Decision: 

Article 21 of the Public Finances (Jersey) Law relates to the power to allocate excess income. It states;

(1) This Article applies if –

(a) an approved government plan includes, under Article 9(8), the estimated income that will be earned by, or be attributable to, a States body or by an area of operation of a States body during the first financial year covered by the plan; and

(b) income in excess of that estimate is earned by, or attributable to, the States body or area of operation during that financial year.

(2) Despite the approved government plan, the Minister may direct that the excess income referred to in paragraph (1) (b) be allocated to a head of expenditure set out in the plan.

(3) The amount subject to the Minister’s direction may be withdrawn from the Consolidated Fund and spent on that head of expenditure in the first financial year covered by the approved government plan, as if the amount had been appropriated for that head of expenditure.

 

This request was proposed by the Director General of Health and Community Services and the transfer approved from the Charitable Fund by the Minister for Health and Social Services  on 29th June 2020.

 

The Ministerial decision is for the distribution of £1.020m from the Le Seelleur Charitable Trust Fund to support:

 An increase in the commissioning of palliative care services due to significant growth in patient care numbers, from Jersey Hospice Care by HCS on a non-recurrent basis.  

 The purchase of 34 defibrillators and 2 AEDs to replace equipment originally purchased in 2010 and now in need of renewal. The benefits of this expenditure will be a reduction in the risk of equipment failure, having an up to date model used across the hospital which will enable a train the trainer model to be possible.

 

Resource Implications:

The Health and Community Services head of expenditure will increase by £1.020 million in 2020. The balance of the HE Le Seelleur Fund will decrease by £1.020 million.

 

The allocation from the Fund will be applied as expenditure is made on the projects outlined above. The income from the Trust Fund and expenditure will match, therefore this decision has no effect on the Government Plan approved for 2020-2023.

 

Only the income directly needed to fund the expenditure detailed in 2020 is approved to be drawn down in 2020.

 

Any income drawn down in 2020 in excess of the amount required to match expenditure detailed in this report in 2020 will not be available to be carried forward and will need to be returned to the Fund. This approval does not extend to any expenditure which is not detailed in this report.

 

Action required: The Head of Financial Governance to advise the Head of Finance Business Partnering – Hospital that this decision is approved. Head of Finance Business Planning to ensure that the allocation of funding takes place. Treasury and Exchequer staff will make the necessary transfers from the Charitable Funds to the Consolidated Fund.

Signature:

Position:

Deputy Susie Pinel

Minister for Treasury and Resources      

Date Signed:

Date of Decision:

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