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Budget transfer: St. Peter's Valley Path Project

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 November 2016:

Decision Reference:  MD-T-2016-0102

Decision Summary Title :

Increase of budget and subsequent transfer between Revenue and Capital Heads of Expenditure for a contribution to St Peter’s Valley Path Project.

Date of Decision Summary:

23 November 2016

Decision Summary Author:

Finance Manager

Decision Summary:

Public or Exempt?)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Increase of budget and subsequent transfer between Revenue and Capital Heads of Expenditure for a contribution to St Peter’s Valley Path Project.

Date of Written Report:

23 November 2016

Written Report Author:

Finance Manager

Written Report :

Public or Exempt?

Exempt

QE Article 33(b)

Subject:

Increase of budget and subsequent transfer between Revenue and Capital Heads of Expenditure for a contribution to St Peter’s Valley Path Project.

Decision(s):

That the Minister approved the following:

  1. An increase of up to £180,000 to the Department for Infrastructure (DFI) income budget and an identical increase to the DFI expenditure budget during 2016, and of up to £100,000 per year during 2017, 2018, 2019 and 2020.
  2. An internal budget transfer of up to £180,000 from the DFI revenue head of expenditure to the capital head of expenditure for Road Safety Improvements (Q00MF15037) during 2016 and of up to £100,000 each year during 2017, 2018, 2019 and 2020.

 

This decision is to rescind and replace MD-T2016-0096 signed by the Minister on 31st October 2016.

Reason(s) for Decision:

Under Generally Accepted Accounting Principles (GAAP) expenditure that meets the definition of capital expenditure must be capitalised. This budget transfer is the movement in budget between capital and revenue required to align the budgeting treatment of expenditure with the accounting treatment, in order to comply with GAAP.

 

Section 5.1 of Financial Direction 3.6 Variation to Heads of Expenditure states that Departments wanting to transfer funds between heads of expenditure must obtain the approval of their minister or of their accounting officer where a scheme of delegation exists prior to obtaining approval from the Treasury Minister or Treasurer.

 

Under Section 5.12 of Financial Direction 3.6 Variations to Head of Expenditure, additional surplus income of not more than 10% or £100,000 of the estimated income notified to the States for that particular service area and of a non-contentious nature, may be used automatically.  Where the additional surplus income is greater than these limits, and the use is of a non-contentious nature, approval has been delegated to the Treasurer of the States.  In all other instances, the approval of the Minister for Treasury and Resources must be obtained.

 

Article 18(1)(a) of the Public Finances (Jersey) Law 2005 states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be transferred from a revenue head of expenditure to a capital head of expenditure, or vice versa, in order to comply with accounting standards issued for the purposes of Article 32(2). Delegation 1.2 delegates authority for non-contentious transfers between revenue and capital heads of expenditure (and vice versa) with no financial limit where the transfer is solely to ensure that financial transactions are accurately reflected in the States’ Accounts in accordance with accounting standards issued under Article 32(2) of the Law.

Resource Implications:

The DFI revenue head of expenditure will show an additional income budget of up to £180,000 and an additional expenditure budget of up to £180,000 during 2016, and of up to £100,000 per year during 2017, 2018, 2019 and 2020. This expenditure budget will subsequently be transferred to the DFI capital head of expenditure for Road Safety Improvements.

Action required:

The Finance Director to request the Minister for the Treasury and Resources Department to approve the budget creation and subsequent transfers from revenue to capital as referred to in the accompanying report.

Signature:

 

 

Position:

Minister for Infrastructure

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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