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Infrastructure, Housing and Environment and Justice and Home Affairs: Reserve Funding and Use of Additional Income for Unavoidable Pressures in 2021

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 22 December 2021

Decision Reference: MD-TR-2021-0148

Decision Summary Title:

Reserve funding and use of additional income for unavoidable pressures in 2021

Date of Decision Summary:

14 December 2021

Decision Summary Author:

Specialist – Business Cases

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Reserve funding and use of additional income for unavoidable pressures in 2021

Date of Written Report:

14 December 2021

Written Report Author:

Specialist – Business Cases

Written Report:

Public or Exempt?

Public

Subject:

The allocation of up to £978,100 from the General Reserve (DEL) to the Infrastructure, Housing and Environment (IHE) head of expenditure and the use of additional income of up to £450,000 by the Justice and Home affairs (JHA) head of expenditure as detailed in the attached report.

Decision(s):

The Minister approved:

  • an allocation of up to £978,100 from the General Reserve (DEL) to the IHE head of expenditure as detailed below; and
  • use of additional income of up to £450,000 by the JHA head of expenditure.

Reason(s) for Decision:

Article 15(3) of the Public Finances (Jersey) Law 2019 states that the approval by the States of a Government Plan authorises the Minister to direct how an approved appropriation for a reserve head of expenditure in the plan may be spent (including on another head of expenditure) in the first financial year covered by the plan.

 

Article 21 of the Public Finances (Jersey) Law states:

Article 21 – Power to allocate excess income

(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.

 

The current Policy for Allocations from the Reserve, presented to the States Assembly as R.60/2021,  sets the requirement that all allocations from the General Reserve (DEL) are recommended for approval by the Treasurer of the States, taking into account comments from the Principal Accountable Officer (PAO), prior to submission to the Minister for approval. Where a request for funding is made by Treasury and Exchequer, the Policy requires that the Principal Accountable Officer also recommends the request to the Minister.

 

This has been circulated to the Council of Ministers in accordance with the requirements of the policy.

 

The Investment Appraisal Team has reviewed the business cases for these requests. Following these reviews, the Treasurer, taking into account comments from the PAO, recommends that the Minister allocates up to £978,100 from the General Reserve (DEL) to the Infrastructure, Housing and Environment (IHE) head of expenditure and approves the use of additional income of up to £450,000 by the Justice and Home affairs (JHA) head of expenditure as detailed in the attached report.

 

Resource Implications:

The General Reserve (DEL) to decrease by up to £978,100 and the IHE head of expenditure to increase by up to the same amount.

 

The JHA head of expenditure will increase by up to £450,000 in 2021 – which is matched by additional income.

 

This decision does not change the total amount of expenditure approved by the States in the Government Plan 2021-24.

Action required:

The Head of Financial Governance to advise the Specialist – Business Cases and the relevant Heads of Finance Business Partnering that this decision is approved.

Signature:

 

 

Position: 

Deputy S J Pinel,

Minister for Treasury and Resources

Date Signed:

 

Date of Decision:

 

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