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Public Finances Manual

Section amendedDescription of changeReason for changeDate approved by Minister/ Treasurer
Expenditure > Our Hospital Project – Use of the Risk Allocation
​New Sub-section
​New Section of the Manual providing information on the process for allocating funding from the risk allocation for the Our Hospital Project.
​M 07/10/22 (effective 01/11/22)
Expenditure > Major, Strategic and other projects
​Revised Sub-section
​Revised Section of the Manual to replace the existing section on the same subject and the projects section of the Manual.  The revised section provides updated processes relating to Major, Strategic and other projects.
​M 07/10/22 (effective 01/11/22)
Supporting documents 
​New supporting document- “Framework for Major, Strategic and other projects”
​The document provides details of the Project delivery Framework for Major, Strategic and other projects which supports the revised Section of the Manual on “Major, Strategic and other projects”.
​M 07/10/22 (effective 01/11/22)
Expenditure- Role of the Senior Responsible Officer
​New Sub-section
​New Section of the Manual which provides information on the role and responsibilities of Senior Responsible Officers (covering both Sponsoring and Supplying Senior Responsible Officer appointments)
​M 07/10/22 (effective 01/11/22)
Supporting documents
​New supporting documents- Sponsoring and Supplying Senior Responsible Officers letters
​These documents provide details of standard letters for the appointment of Sponsoring and Supplying Senior Responsible Officers supporting the new section on the Role of the Senior Responsible Officer
​M 07/10/22 (effective 01/11/22)
Expenditure- Criminal Offences Confiscations Fund
​New Sub-section
​New Section of the Manual providing information on the Criminal Offences Confiscations Fund as created under the Proceeds of Crime (Jersey) Law 1999.
​M 07/10/22 (effective 01/11/22)
Other > States Employment Board
​New Sub-section
​This new section provides information on the role and governance arrangements to be followed by the States Employment Board
​M 07/10/22 (effective 01/11/22)
​All sections of the Manual as appropriate
​Clarification

​Remove all references throughout the Manual to “Exemption and Breach forms being in Supporting documents” and replacing it with “Exemption and Breaches should be recorded in the on-line system”.

Removing the Exemption and Breach documents from the Supporting documents area of the Manual.

​M 07/10/22 (effective 01/11/22)
Risk and audit > Acceptance of gifts and hospitality > Introduction and background
​Clarification
​After the sentence “It applies to gifts and hospitality either given to, or offered to, any States of Jersey employee, Crown appointment and non-Ministerial officers (States employee(s)”). Insert the following sentence “This section does not apply to any type of grouped collection of money/gift given on behalf of pupils to a teacher, or another member of a school’s staff, as an end of term/year gift.   The exception to this is where a teacher or another member of the school’s staff receive or are offered a gift with a value of £40+ from one individual household, in this instance the recipient must report and declare the gift in line with the requirements of this section.”
​M 07/10/22 (effective 01/11/22)
​Financial planning and budgeting > Funds > Introduction and background
​Update
​At the end of the bullet point list of Funds and after Fiscal Stimulus Fund add a new bullet point Technology Accelerator Fund.
​M 07/10/22 (effective 01/11/22)
Supporting documents
​Updated document- “Purpose of States Funds”
​Updated document including details of the Technology Accelerator Fund.
​M 07/10/22 (effective 01/11/22)
Expenditure > Arm’s Length Organisations > > Introduction and background
​Update
​For the sentence “The list may be amended from time to time by the Minister for Treasury and Resources.” Replace with the sentence “The list may be amended from time to time by the Treasurer of the States (or delegate).”
​M 07/10/22 (effective 01/11/22)
Financial reporting and accounting > Annual financial statement > Requirements > 5After requirement 4 insert the words
"5. Retention of financial documents
Accountable officers must ensure that documents are retained in accordance with the periods set out in Retention of Financial Documents (within Supporting documents)."
To confirm document retention requirements previously contained in financial direction 12.7T 7/2/20
Assets > Assets > Requirements > 1Change "seek approval from the Minister for Treasury and Resources (or delegate) for the retention and use of the proceeds of asset disposals where these exceed £5,000" to "seek approval from the Treasurer of the States for the retention and use of the proceeds of asset disposals where these exceed £5,000".T&R Ministerial approval is no longer required under the Public Finances (Jersey) Law 2019.T 31/12/20
Expenditure > Changes to head of expenditure > Requirements > 7 Delete "Where the net proceeds exceed £100,000, the Accountable Officer (or delegate) must gain the approval of the Minister for Treasury and Resources to use the net proceeds. The reasoning must be fully documented so the Minister can reach a decision."T&R Ministerial approval is no longer required under the Public Finances (Jersey) Law 2019.T 31/12/20
Expenditure > Changes to head of expenditure > Requirements > 3Replace:
"Approval of non-contentious transfers between heads of expenditure solely to comply with accounting standards is delegated to the States Treasurer. The States Treasurer has the discretion to escalate approval of transfers to the Minister for Treasury and Resources if deemed appropriate. In all other instances, the approval of the Minister for Treasury and Resources must be obtained. The decision as to whether a transfer is non contentious will be made by the States Treasurer or the Minister for Treasury and Resources as applicable."
with
"Transfers between heads of expenditure can only be made by the Minister for Treasury and Resources".
The Public Finances (Jersey) Law 2019 no longer differentiates between transfers to comply with accounting standards and other transfers. Because all transfers are public, no delegations are applicable. All decisions to transfer budgets will be made by the Minister for Treasury and Resources.T 31/12/20
Expenditure > Changes to head of expenditure > Requirements > 2Replace the words "Accountable Officers may make transfers within their Bodies' head of expenditure, or within elements of a major project head of expenditure, without the approval of the Minister for Treasury and Resources or the States Treasurer, but transfers over £250,000 must be notified to the States Treasurer together with the reason for the transfer." with
"Accountable Officers may make transfers within their Bodies' head of expenditure, or within elements of a major project head of expenditure, without the approval of the Minister for Treasury and Resources or the States Treasurer, but transfers between service areas as set out in Departmental Operational Business Plans over £250,000 must be notified to the States Treasurer together with the reason for the transfer. The £250,000 threshold is cumulative for the year i.e. should be notified once it reaches that level."
To clarify requirements. T 31/12/20
Expenditure > Changes to head of expenditure>Requirements > 8Replace the words "Any transfers within heads of expenditure of Non Ministerial States Bodies over £250,000 should be notified to the States Treasurer although approval is not required." with "Any transfers within heads of expenditure of Non Ministerial States Bodies between service areas as set out in Departmental Operational Business Plans over £250,000 should be notified to the States Treasurer although approval is not required. The £250,000 threshold is cumulative for the year i.e. should be notified once it reaches that level."To clarify requirements. T 31/12/20
Expenditure > Changes to head of expenditure > Requirements > 3Replace the words "Approval of non contentious transfers between heads of expenditure solely to comply with accounting standards is delegated to the States Treasurer. The States Treasurer has the discretion to escalate approval of transfers to the Minister for Treasury and Resources if deemed appropriate. In all other instances, the approval of the Minister for Treasury and Resources must be obtained. The decision as to whether a transfer is non contentious will be made by the States Treasurer or the Minister for Treasury and Resources as applicable. All transfers must be presented to the States Assembly for at least 4 weeks by Treasury and Exchequer. After that time the decision can be implemented providing no States Member has lodged a proposition to the contrary." With the words "For all transfers between  heads of expenditure the approval of the Minister for Treasury and Resources must be obtained. All transfers must be presented to the States Assembly for at least 4 weeks by Treasury and Exchequer. After that time the decision can be implemented providing no States Member has lodged a proposition to the contrary."The delegation previously referred to is no longer in place.T 31/12/20
Expenditure > Expenditure and procurement > Requirements > 16Add "All reports from consultants and other third parties that are not considered exempt under Freedom of Information legislation must be published on www.gov.je as soon as is practical after their receipt."To clarify and reinforce the requirement to publish reports.T 31/12/20
Risk and Audit > Gifts and hospitality

New Section of the Manual (see attached) to be inserted in Contents under the Risk and audit heading and after Internal audit insert the heading "Gifts and hospitality". 
Insert the words in the attached document – Gifts and hospitality after the section on "Internal audit" and specifically after the wording "Internal and External Audit functions should be kept separate to avoid conflicts of interest, and possible threat to objectivity or independence."

 

New section dealing with Gifts and Hospitality – to align with existing requirements on the MyStates intranet.T 31/12/20
Supporting documentsAdd document – title "List of Accountable Officers"To give additional information T 31/12/20
Assets > Assets > Introduction and background

After the first paragraph ending "where risks suggest control should be exercised)" add the paragraph:

"This section also covers the management of stock.  The States Treasurer has authorised the following departmental stock level limits -
Health and Community Services £11.0 million *
Department for Infrastructure    £3.5 million
Justice and Home Affairs               £80,000
*This stock holding limit is for the period to 30/6/2021 after which the limit will revert to £6 million."

To give additional informationT 31/12/20
Financing > Financing or borrowing > Introduction and background

Before the paragraph beginning "Accountable Officers in States Bodies" insert the following paragraph:
"The following are classified as financing for the purposes of calculating the financing limits which the Minister for Treasury and Resources may enter in to under the terms of Public Finances Law Article 26(3) and (4):

  • finance Leases
  • the assignment of debt from a third party
  • sale and leaseback transactions.
  • loans from external institutions
  • the issuance of bonds".
ClarificationT 31/12/20
Financial reporting and accounting > Annual financial statement > Introduction and backgroundAfter the words "Users should refer to the Jersey Financial Reporting Manual" add the words "See supporting documents".
Add the following document to Supporting documents.
To give additional informationT 31/12/20
Assets > Third party assets

New Section of the Manual (see attached) to be inserted in Assets heading under the second word Assets and before Leases insert the heading "Third party assets". 
Insert the words in the attached document – Third party assets after the section on "Assets" and specifically after the wording "seek approval from the States Treasurer for new stock or inventory accounts, or increases in levels of stocks over £50,000."

 

New section dealing providing information on dealing with Third party assets.T 31/12/20
Income > Internal Recharges

New Section of the Manual (see attached) to be inserted under the Income heading under the word Income and before Trading Operations insert the heading "Internal Recharges". 
Insert the words in the attached document – Internal Recharges after the section on "Income" and specifically after the wording "that all excess receipts over and above the authorised limits as defined in the relevant Schemes of Delegation are surrendered to the Reserve, unless the Minister for Treasury and Resources agrees that additional income can be used."

 

New section dealing with recharges for services between States Bodies.T 31/12/20
Expenditure > Expenditure to meet an EmergencyNew Section of the Manual (see attached) to be inserted under the Expenditure heading under the word Special Payments insert the heading "Expenditure to meet an Emergency"
Insert the words in the attached document – Emergency Expenditure after the section on "Special Payments" and specifically after the wording "This ability must not be used to circumvent other processes, for example small business purchases that would otherwise be made through Supply Jersey or by purchase card."
New section covering procedures to be followed for   expenditure required to deal with an emergency as defined in the Public Finances (Jersey) Law 2019.T 31/12/20
Expenditure > Arm's Length Organisations > Introduction and Background

After the words "..of an "Arm's length Organisation" is an organisation" insert the words
"substantially funded, or economically dependent on, the States of Jersey".

After the words "..the States of Jersey would otherwise perform" insert the words "and bound by a written agreement that governs the relationship".

At the end of the sentence which finishes "funding from the States of Jersey of less than £75,000 per year." add a new paragraph which says "For guidance purposes the following organisations fall into the definition of an Arm's Length Organisation for the purposes of the Public Finances Manual. The list may be amended from time to time by the Minister for Treasury and Resources.

  • Digital Jersey
  • Bureau des Îles Anglo-Normandes
  • Visit Jersey Limited
  • Jersey Sport
  • Jersey Arts Trust
  • Jersey Arts Centre Association
    • Jersey Opera House
    • Jersey Heritage Trust
    • Serco (Jersey) Limited
    • Jersey Product Promotion Limited
    • Jersey Legal Information Board
    • Channel Islands Brussels Office
  1. Government of Jersey London Office
  • Jersey Employment Trust
  • Jersey Finance Limited
  • Jersey Business Limited
  • Jersey Advisory and Conciliation Service
  • Jersey Battle of Flowers
  • Super League Triathlon
  • Association of Jersey Charities
  • Royal Jersey Agricultural and Horticultural Society
  • Jersey Rugby Football Club
  • Jersey Consumer Council
  • Jersey Citizens Advice Bureau

    In the paragraph which commences "Accountable Officers of sponsor departments (i.e. the Government department .." remove the word "primary" from the sentence.
Clarification T 31/12/20
Expenditure > Expenditure and procurement > Requirements

After requirement no 17 which reads "All purchases of assets for more than £10,000 must be accounted for as capital and the asset added to the asset register" add the following

18. Sufficient budget to commit expenditure

Before any commitment is entered into to incur expenditure Accountable Officers must ensure they have sufficient assurance of expenditure approvals to be able to meet those commitments. This assurance can take one or more of the following forms:

  • Flexibility to reprioritise within an existing approved head of expenditure. Accountable Officers must ensure that reprioritisation meets the regularity test i.e. that the new expenditure still falls within the purposes for which the States Assembly approved the expenditure and;
  • Where  funding has specifically been allocated in a Government Plan for a defined purpose, any change of use will require an MD from the Minister for Treasury and Resources.
  • Any other funding (i.e. "base" budget) can be reallocated within a head of expenditure provided that the new purpose is within the remit of the Minister/Accountable Officer/dept and subject to reporting requirements to Treasury and Exchequer for internal transfers as already set out in the PFM.
  • Signed decision of the Minister for Treasury and Resources or Treasurer of the States to allocate additional funding;
  • Letter of comfort from the Minister for Treasury and Resources or Treasurer of the States confirming that additional funding will be allocated in that financial year should it appear that the approved head of expenditure will be exceeded.

     

    For the avoidance of doubt, it cannot be assumed that any commitments entered into without this assurance will be met by additional funding allocations by the Minister for Treasury and Resources or Treasurer of the States. In this event, the Public Finances (Jersey) Law 2019 will have been breached by the Accountable Officer for that head of expenditure, with any excess expenditure open to being identified as irregular and ultra vires by auditors.

    Accountable Officers must not commit expenditure beyond the current financial year without the express agreement of the Treasurer of the States except as permitted by the Long term  Contractual Agreements or Pre Orders paragraphs above.

     

    19. Approved Business cases

    Requests for additional funding over and above heads of expenditure approved in the Government Plan of more than £100,000 must be supported by a business case approved by Treasury and Exchequer unless an alternative approval method is set out in the Procedures for allocations from the Reserve published by the Minister for Treasury and Resources.

     
  1. Recovery of departmental income

    An Accountable Officer must ensure that heads of expenditure approved by the States are not exceeded and if estimated income levels are not achieved that there is  a corresponding reduction in expenditure.  In exceptional circumstances and where all other funding options have been exhausted  a submission may be made for funding from the Reserve head of expenditure as detailed in the Section on this.

    Use of additional income over and above that approved in a Government Plan must be authorised by the Minister of Treasury and Resources (or delegate) in line with the Public Finances Law.
Clarification and additional advice on procedures to be followed before committing expenditure T 31/12/20
Expenditure > Expenditure and procurement > PrinciplesInsert a new principle 8 "All commitments to incur expenditure should have sufficient expenditure approvals in advance to be able to meet those commitments."ClarificationT 31/12/20
Income > Fees and chargesRewrite of existing section – remove the existing section with the title Fees and charges and replace with wording in the attached document. Revised section including advice on the sale of old and obsolete stockT 31/12/20
Income > IncomeRewrite of existing section – remove the existing section with the title Income and replace with the wording in the attached document.Revised section including how to deal with under recovery of incomeT 31/12/20
Supporting documents > Supporting documents – Purpose of Funds

Add a new document to the Supporting documents section of the Manual (see attached) – the document to be inserted under the form for Exemptions. 

 

To give further informationT 31/12/20
Risk and audit >
Comptroller and Auditor General
New section of the Manual (see attached) to be inserted under the Risk and audit heading under the word Internal audit insert the heading "Comptroller and Auditor General"
Insert the words in the attached document – Comptroller and Auditor General after the section on "Internal audit" and specifically after the wording "Internal and External audit functions should be kept separate to avoid conflicts of interest, and any possible threat to objectivity or independence."
New section setting out the role of the Comptroller and Auditor General and how the Manual applies to that role.T 31/12/20
Financial planning and budgeting > Funds > Introduction and background

In the second paragraph after the words "lodged by of with the consent of the Minister for Treasury and Resources." Insert the following sentence "Funds can also be established in standalone legislation but such legislation may only be lodged by or with the consent of the Minister for Treasury and Resources."
After the words ".. might not be applicable to these funds." Add the following list as shown below –
Other States Funds are:

  • Currency Fund
  • Insurance Fund
  • Jersey Car Parking Trading Fund
  • Jersey Fleet Management Trading Fund
  • Agricultural Loans and Guarantees Fund
  • Tourism Development Fund
  • Channel Islands (Jersey) Lottery Fund
  • Jersey Innovation Fund
  • Housing Development Fund
  • Dwelling Houses Loans Fund
  • Assisted House Purchase Scheme
  • 99 Year leaseholders Account
  • Criminal Offences Confiscation Fund
  • Civil Assets Recovery Fund
  • Ecology Fund
  • Jersey Reclaim Fund
  • Hospital Construction Fund
  • Climate Emergency Fund
  • Social Security Fund
  • Social Security (Reserve) Fund
  • Health Insurance Fund
  • Long-Term Care Fund
  • Dental Scheme

    Details on the purposes of these Funds, as well as gift and bequest funds, are included in the Supporting documents section of the Manual.
ClarificationT 31/12/20



Section amendedDescription of changeReason for changeDate approved by Minister/ Treasurer
Expenditure > Our Hospital Project – Use of the Risk Allocation
​New Sub-section
​New Section of the Manual providing information on the process for allocating funding from the risk allocation for the Our Hospital Project.
​M 07/10/22 (effective 01/11/22)
Expenditure > Major, Strategic and other projects
​Revised Sub-section
​Revised Section of the Manual to replace the existing section on the same subject and the projects section of the Manual.  The revised section provides updated processes relating to Major, Strategic and other projects.
​M 07/10/22 (effective 01/11/22)
Supporting documents 
​New supporting document- “Framework for Major, Strategic and other projects”
​The document provides details of the Project delivery Framework for Major, Strategic and other projects which supports the revised Section of the Manual on “Major, Strategic and other projects”.
​M 07/10/22 (effective 01/11/22)
Expenditure- Role of the Senior Responsible Officer
​New Sub-section
​New Section of the Manual which provides information on the role and responsibilities of Senior Responsible Officers (covering both Sponsoring and Supplying Senior Responsible Officer appointments)
​M 07/10/22 (effective 01/11/22)
Supporting documents
​New supporting documents- Sponsoring and Supplying Senior Responsible Officers letters
​These documents provide details of standard letters for the appointment of Sponsoring and Supplying Senior Responsible Officers supporting the new section on the Role of the Senior Responsible Officer
​M 07/10/22 (effective 01/11/22)
Expenditure- Criminal Offences Confiscations Fund
​New Sub-section
​New Section of the Manual providing information on the Criminal Offences Confiscations Fund as created under the Proceeds of Crime (Jersey) Law 1999.
​M 07/10/22 (effective 01/11/22)
Other > States Employment Board
​New Sub-section
​This new section provides information on the role and governance arrangements to be followed by the States Employment Board
​M 07/10/22 (effective 01/11/22)
​All sections of the Manual as appropriate
​Clarification

​Remove all references throughout the Manual to “Exemption and Breach forms being in Supporting documents” and replacing it with “Exemption and Breaches should be recorded in the on-line system”.

Removing the Exemption and Breach documents from the Supporting documents area of the Manual.

​M 07/10/22 (effective 01/11/22)
Risk and audit > Acceptance of gifts and hospitality > Introduction and background
​Clarification
​After the sentence “It applies to gifts and hospitality either given to, or offered to, any States of Jersey employee, Crown appointment and non-Ministerial officers (States employee(s)”). Insert the following sentence “This section does not apply to any type of grouped collection of money/gift given on behalf of pupils to a teacher, or another member of a school’s staff, as an end of term/year gift.   The exception to this is where a teacher or another member of the school’s staff receive or are offered a gift with a value of £40+ from one individual household, in this instance the recipient must report and declare the gift in line with the requirements of this section.”
​M 07/10/22 (effective 01/11/22)
​Financial planning and budgeting > Funds > Introduction and background
​Update
​At the end of the bullet point list of Funds and after Fiscal Stimulus Fund add a new bullet point Technology Accelerator Fund.
​M 07/10/22 (effective 01/11/22)
Supporting documents
​Updated document- “Purpose of States Funds”
​Updated document including details of the Technology Accelerator Fund.
​M 07/10/22 (effective 01/11/22)
Expenditure > Arm’s Length Organisations > > Introduction and background
​Update
​For the sentence “The list may be amended from time to time by the Minister for Treasury and Resources.” Replace with the sentence “The list may be amended from time to time by the Treasurer of the States (or delegate).”
​M 07/10/22 (effective 01/11/22)
Financial reporting and accounting > Annual financial statement > Requirements > 5After requirement 4 insert the words
"5. Retention of financial documents
Accountable officers must ensure that documents are retained in accordance with the periods set out in Retention of Financial Documents (within Supporting documents)."
To confirm document retention requirements previously contained in financial direction 12.7T 7/2/20
Assets > Assets > Requirements > 1Change "seek approval from the Minister for Treasury and Resources (or delegate) for the retention and use of the proceeds of asset disposals where these exceed £5,000" to "seek approval from the Treasurer of the States for the retention and use of the proceeds of asset disposals where these exceed £5,000".T&R Ministerial approval is no longer required under the Public Finances (Jersey) Law 2019.T 31/12/20
Expenditure > Changes to head of expenditure > Requirements > 7 Delete "Where the net proceeds exceed £100,000, the Accountable Officer (or delegate) must gain the approval of the Minister for Treasury and Resources to use the net proceeds. The reasoning must be fully documented so the Minister can reach a decision."T&R Ministerial approval is no longer required under the Public Finances (Jersey) Law 2019.T 31/12/20
Expenditure > Changes to head of expenditure > Requirements > 3Replace:
"Approval of non-contentious transfers between heads of expenditure solely to comply with accounting standards is delegated to the States Treasurer. The States Treasurer has the discretion to escalate approval of transfers to the Minister for Treasury and Resources if deemed appropriate. In all other instances, the approval of the Minister for Treasury and Resources must be obtained. The decision as to whether a transfer is non contentious will be made by the States Treasurer or the Minister for Treasury and Resources as applicable."
with
"Transfers between heads of expenditure can only be made by the Minister for Treasury and Resources".
The Public Finances (Jersey) Law 2019 no longer differentiates between transfers to comply with accounting standards and other transfers. Because all transfers are public, no delegations are applicable. All decisions to transfer budgets will be made by the Minister for Treasury and Resources.T 31/12/20
Expenditure > Changes to head of expenditure > Requirements > 2Replace the words "Accountable Officers may make transfers within their Bodies' head of expenditure, or within elements of a major project head of expenditure, without the approval of the Minister for Treasury and Resources or the States Treasurer, but transfers over £250,000 must be notified to the States Treasurer together with the reason for the transfer." with
"Accountable Officers may make transfers within their Bodies' head of expenditure, or within elements of a major project head of expenditure, without the approval of the Minister for Treasury and Resources or the States Treasurer, but transfers between service areas as set out in Departmental Operational Business Plans over £250,000 must be notified to the States Treasurer together with the reason for the transfer. The £250,000 threshold is cumulative for the year i.e. should be notified once it reaches that level."
To clarify requirements. T 31/12/20
Expenditure > Changes to head of expenditure>Requirements > 8Replace the words "Any transfers within heads of expenditure of Non Ministerial States Bodies over £250,000 should be notified to the States Treasurer although approval is not required." with "Any transfers within heads of expenditure of Non Ministerial States Bodies between service areas as set out in Departmental Operational Business Plans over £250,000 should be notified to the States Treasurer although approval is not required. The £250,000 threshold is cumulative for the year i.e. should be notified once it reaches that level."To clarify requirements. T 31/12/20
Expenditure > Changes to head of expenditure > Requirements > 3Replace the words "Approval of non contentious transfers between heads of expenditure solely to comply with accounting standards is delegated to the States Treasurer. The States Treasurer has the discretion to escalate approval of transfers to the Minister for Treasury and Resources if deemed appropriate. In all other instances, the approval of the Minister for Treasury and Resources must be obtained. The decision as to whether a transfer is non contentious will be made by the States Treasurer or the Minister for Treasury and Resources as applicable. All transfers must be presented to the States Assembly for at least 4 weeks by Treasury and Exchequer. After that time the decision can be implemented providing no States Member has lodged a proposition to the contrary." With the words "For all transfers between  heads of expenditure the approval of the Minister for Treasury and Resources must be obtained. All transfers must be presented to the States Assembly for at least 4 weeks by Treasury and Exchequer. After that time the decision can be implemented providing no States Member has lodged a proposition to the contrary."The delegation previously referred to is no longer in place.T 31/12/20
Expenditure > Expenditure and procurement > Requirements > 16Add "All reports from consultants and other third parties that are not considered exempt under Freedom of Information legislation must be published on www.gov.je as soon as is practical after their receipt."To clarify and reinforce the requirement to publish reports.T 31/12/20
Risk and Audit > Gifts and hospitality

New Section of the Manual (see attached) to be inserted in Contents under the Risk and audit heading and after Internal audit insert the heading "Gifts and hospitality". 
Insert the words in the attached document – Gifts and hospitality after the section on "Internal audit" and specifically after the wording "Internal and External Audit functions should be kept separate to avoid conflicts of interest, and possible threat to objectivity or independence."

 

New section dealing with Gifts and Hospitality – to align with existing requirements on the MyStates intranet.T 31/12/20
Supporting documentsAdd document – title "List of Accountable Officers"To give additional information T 31/12/20
Assets > Assets > Introduction and background

After the first paragraph ending "where risks suggest control should be exercised)" add the paragraph:

"This section also covers the management of stock.  The States Treasurer has authorised the following departmental stock level limits -
Health and Community Services £11.0 million *
Department for Infrastructure    £3.5 million
Justice and Home Affairs               £80,000
*This stock holding limit is for the period to 30/6/2021 after which the limit will revert to £6 million."

To give additional informationT 31/12/20
Financing > Financing or borrowing > Introduction and background

Before the paragraph beginning "Accountable Officers in States Bodies" insert the following paragraph:
"The following are classified as financing for the purposes of calculating the financing limits which the Minister for Treasury and Resources may enter in to under the terms of Public Finances Law Article 26(3) and (4):

  • finance Leases
  • the assignment of debt from a third party
  • sale and leaseback transactions.
  • loans from external institutions
  • the issuance of bonds".
ClarificationT 31/12/20
Financial reporting and accounting > Annual financial statement > Introduction and backgroundAfter the words "Users should refer to the Jersey Financial Reporting Manual" add the words "See supporting documents".
Add the following document to Supporting documents.
To give additional informationT 31/12/20
Assets > Third party assets

New Section of the Manual (see attached) to be inserted in Assets heading under the second word Assets and before Leases insert the heading "Third party assets". 
Insert the words in the attached document – Third party assets after the section on "Assets" and specifically after the wording "seek approval from the States Treasurer for new stock or inventory accounts, or increases in levels of stocks over £50,000."

 

New section dealing providing information on dealing with Third party assets.T 31/12/20
Income > Internal Recharges

New Section of the Manual (see attached) to be inserted under the Income heading under the word Income and before Trading Operations insert the heading "Internal Recharges". 
Insert the words in the attached document – Internal Recharges after the section on "Income" and specifically after the wording "that all excess receipts over and above the authorised limits as defined in the relevant Schemes of Delegation are surrendered to the Reserve, unless the Minister for Treasury and Resources agrees that additional income can be used."

 

New section dealing with recharges for services between States Bodies.T 31/12/20
Expenditure > Expenditure to meet an EmergencyNew Section of the Manual (see attached) to be inserted under the Expenditure heading under the word Special Payments insert the heading "Expenditure to meet an Emergency"
Insert the words in the attached document – Emergency Expenditure after the section on "Special Payments" and specifically after the wording "This ability must not be used to circumvent other processes, for example small business purchases that would otherwise be made through Supply Jersey or by purchase card."
New section covering procedures to be followed for   expenditure required to deal with an emergency as defined in the Public Finances (Jersey) Law 2019.T 31/12/20
Expenditure > Arm's Length Organisations > Introduction and Background

After the words "..of an "Arm's length Organisation" is an organisation" insert the words
"substantially funded, or economically dependent on, the States of Jersey".

After the words "..the States of Jersey would otherwise perform" insert the words "and bound by a written agreement that governs the relationship".

At the end of the sentence which finishes "funding from the States of Jersey of less than £75,000 per year." add a new paragraph which says "For guidance purposes the following organisations fall into the definition of an Arm's Length Organisation for the purposes of the Public Finances Manual. The list may be amended from time to time by the Minister for Treasury and Resources.

  • Digital Jersey
  • Bureau des Îles Anglo-Normandes
  • Visit Jersey Limited
  • Jersey Sport
  • Jersey Arts Trust
  • Jersey Arts Centre Association
    • Jersey Opera House
    • Jersey Heritage Trust
    • Serco (Jersey) Limited
    • Jersey Product Promotion Limited
    • Jersey Legal Information Board
    • Channel Islands Brussels Office
  1. Government of Jersey London Office
  • Jersey Employment Trust
  • Jersey Finance Limited
  • Jersey Business Limited
  • Jersey Advisory and Conciliation Service
  • Jersey Battle of Flowers
  • Super League Triathlon
  • Association of Jersey Charities
  • Royal Jersey Agricultural and Horticultural Society
  • Jersey Rugby Football Club
  • Jersey Consumer Council
  • Jersey Citizens Advice Bureau

    In the paragraph which commences "Accountable Officers of sponsor departments (i.e. the Government department .." remove the word "primary" from the sentence.
Clarification T 31/12/20
Expenditure > Expenditure and procurement > Requirements

After requirement no 17 which reads "All purchases of assets for more than £10,000 must be accounted for as capital and the asset added to the asset register" add the following

18. Sufficient budget to commit expenditure

Before any commitment is entered into to incur expenditure Accountable Officers must ensure they have sufficient assurance of expenditure approvals to be able to meet those commitments. This assurance can take one or more of the following forms:

  • Flexibility to reprioritise within an existing approved head of expenditure. Accountable Officers must ensure that reprioritisation meets the regularity test i.e. that the new expenditure still falls within the purposes for which the States Assembly approved the expenditure and;
  • Where  funding has specifically been allocated in a Government Plan for a defined purpose, any change of use will require an MD from the Minister for Treasury and Resources.
  • Any other funding (i.e. "base" budget) can be reallocated within a head of expenditure provided that the new purpose is within the remit of the Minister/Accountable Officer/dept and subject to reporting requirements to Treasury and Exchequer for internal transfers as already set out in the PFM.
  • Signed decision of the Minister for Treasury and Resources or Treasurer of the States to allocate additional funding;
  • Letter of comfort from the Minister for Treasury and Resources or Treasurer of the States confirming that additional funding will be allocated in that financial year should it appear that the approved head of expenditure will be exceeded.

     

    For the avoidance of doubt, it cannot be assumed that any commitments entered into without this assurance will be met by additional funding allocations by the Minister for Treasury and Resources or Treasurer of the States. In this event, the Public Finances (Jersey) Law 2019 will have been breached by the Accountable Officer for that head of expenditure, with any excess expenditure open to being identified as irregular and ultra vires by auditors.

    Accountable Officers must not commit expenditure beyond the current financial year without the express agreement of the Treasurer of the States except as permitted by the Long term  Contractual Agreements or Pre Orders paragraphs above.

     

    19. Approved Business cases

    Requests for additional funding over and above heads of expenditure approved in the Government Plan of more than £100,000 must be supported by a business case approved by Treasury and Exchequer unless an alternative approval method is set out in the Procedures for allocations from the Reserve published by the Minister for Treasury and Resources.

     
  1. Recovery of departmental income

    An Accountable Officer must ensure that heads of expenditure approved by the States are not exceeded and if estimated income levels are not achieved that there is  a corresponding reduction in expenditure.  In exceptional circumstances and where all other funding options have been exhausted  a submission may be made for funding from the Reserve head of expenditure as detailed in the Section on this.

    Use of additional income over and above that approved in a Government Plan must be authorised by the Minister of Treasury and Resources (or delegate) in line with the Public Finances Law.
Clarification and additional advice on procedures to be followed before committing expenditure T 31/12/20
Expenditure > Expenditure and procurement > PrinciplesInsert a new principle 8 "All commitments to incur expenditure should have sufficient expenditure approvals in advance to be able to meet those commitments."ClarificationT 31/12/20
Income > Fees and chargesRewrite of existing section – remove the existing section with the title Fees and charges and replace with wording in the attached document. Revised section including advice on the sale of old and obsolete stockT 31/12/20
Income > IncomeRewrite of existing section – remove the existing section with the title Income and replace with the wording in the attached document.Revised section including how to deal with under recovery of incomeT 31/12/20
Supporting documents > Supporting documents – Purpose of Funds

Add a new document to the Supporting documents section of the Manual (see attached) – the document to be inserted under the form for Exemptions. 

 

To give further informationT 31/12/20
Risk and audit >
Comptroller and Auditor General
New section of the Manual (see attached) to be inserted under the Risk and audit heading under the word Internal audit insert the heading "Comptroller and Auditor General"
Insert the words in the attached document – Comptroller and Auditor General after the section on "Internal audit" and specifically after the wording "Internal and External audit functions should be kept separate to avoid conflicts of interest, and any possible threat to objectivity or independence."
New section setting out the role of the Comptroller and Auditor General and how the Manual applies to that role.T 31/12/20
Financial planning and budgeting > Funds > Introduction and background

In the second paragraph after the words "lodged by of with the consent of the Minister for Treasury and Resources." Insert the following sentence "Funds can also be established in standalone legislation but such legislation may only be lodged by or with the consent of the Minister for Treasury and Resources."
After the words ".. might not be applicable to these funds." Add the following list as shown below –
Other States Funds are:

  • Currency Fund
  • Insurance Fund
  • Jersey Car Parking Trading Fund
  • Jersey Fleet Management Trading Fund
  • Agricultural Loans and Guarantees Fund
  • Tourism Development Fund
  • Channel Islands (Jersey) Lottery Fund
  • Jersey Innovation Fund
  • Housing Development Fund
  • Dwelling Houses Loans Fund
  • Assisted House Purchase Scheme
  • 99 Year leaseholders Account
  • Criminal Offences Confiscation Fund
  • Civil Assets Recovery Fund
  • Ecology Fund
  • Jersey Reclaim Fund
  • Hospital Construction Fund
  • Climate Emergency Fund
  • Social Security Fund
  • Social Security (Reserve) Fund
  • Health Insurance Fund
  • Long-Term Care Fund
  • Dental Scheme

    Details on the purposes of these Funds, as well as gift and bequest funds, are included in the Supporting documents section of the Manual.
ClarificationT 31/12/20



Background and introduction

​Legislative and Governance Framework

The Public Finances Manual represents an integral part of the Jersey Financial Compliance Framework. The Jersey Financial Compliance Framework is an overarching framework developed to help the Government of Jersey to establish and maintain effective financial management and to support the achievement of the Government’s strategic aims, objectives and ultimately deliver expected outcomes.

It provides assurance that departments have implemented appropriate systems to ensure compliance with the Public Finances Law and that they have done so through effective, efficient and responsible financial management of public resources.

The Public Finances Manual is designed to supplement the Public Finances Law and is issued by the Minister for Treasury and Resources. It provides additional direction and information as considered necessary by the Minister for Treasury and Resources to help compliance with the Law.

Purpose, principles and responsibilities

The Public Finances Law prescribes the mandatory elements that must be complied with by all States Bodies to:

  • implement and maintain appropriate financial management practices
  • achieve a consistent standard of accountability and financial reporting

The Public Finances Manual, along with the Public Finances (Jersey) Law 2019, forms a key part of the requirements for regularity i.e. spending public money for the purposes that funding was allocated by the States Assembly. It provides the framework within which all States financial transactions must take place. The States’ external auditors will consider whether transactions comply with relevant sections of the Public Finances Manual when performing their work to support their opinion on the adequacy of the Annual Report and Accounts.

The Public Finances Manual prescribes best practice, high level principles and requirements for financial management. These requirements are mandatory where stated unless an exemption has been approved by the Treasurer or an officer delegated by the Treasurer (Exemption and Breaches should be recorded in the on-line system). This approach allows States bodies to develop organisation specific systems, procedures and practices within an overall framework, which must be tailored to their own business, approved and monitored within their own organisational requirements. Departmental Schemes of Delegation (where department specific arrangements are recorded) must be approved by the relevant Accountable Officer, and a copy sent to the Treasurer of the States. These Schemes of Delegation then form part of the Jersey Financial Compliance Framework.

The majority of sections in the Public Finances Manual contain the following:

  • introduction and background
  • a set of principles
  • requirements

The users of this manual should be guided by the following fundamental principles of public financial management:

  • transparency
  • simplicity and clarity
  • integrity
  • objectivity
  • accountability
  • openness
  • honesty
  • leadership
  • selflessness

Activities relating to the use and management of public resources should be carried out in the spirit as well as the letter of the law, in the interest of the public and to high ethical standards.

In addition to these principles, to ensure proper accountability for public financial resources, activities and initiatives should be continually assessed (i.e. before, during and after activity) against the four essential standards of:

​Standard​Description
​Regularity​All business and activities should be within the legal limits
​Propriety​All business and activities should be carried out in line with the appropriate policies and procedures
​Value for money​Proposals and initiatives should be adequately assessed to ensure that they deliver value for money for the Government of Jersey as a whole
​Feasibility​Adequate assessment should be carried out to determine the likelihood that a proposal will be implemented accurately, sustainably, cost efficiently and in line with the agreed timeline

In addition, all activity should consider Outcomes based accountability. All business and activities should be able to describe how they contribute to strategic outcomes and departmental objectives over time and how they will measure progress made and or service performance in alignment with the Jersey Standard for Performance Management and Business Planning.

The primary responsibilities of key participants in Jersey’s public finance framework such as the Minister for Treasury and Resources, States Treasurer, Principal Accountable Officer, Accountable Officers, Comptroller and Auditor General, the States Assembly, have been set out in the relevant sections of the Public Finances Law, the States of Jersey Law 2005 or the Comptroller and Auditor General (Jersey) Law 2014. A full list of Accountable Officers and their areas of responsibility is published in Supporting documents.

However, all individuals with responsibility for public finances are reminded of their duty to ensure proper financial management through compliance with the requirements set out in this Manual, complemented with the right balance of common sense.

Applicability

The Public Finances Manual applies to all States Bodies as defined in the Public Finances Law being:

  • a Ministry, department or other administration of the States;
  • a non Ministerial States body;
  • a committee or other body established by an Act of the States; or
  • any other holder of a Crown or States appointment funded by the States, including any associated administration of the holder

with the following qualification to that requirement:

Arm’s Length Organisations are encouraged to consider and adopt the requirements of this Manual, as applicable, tailored to their specific activities. They cannot be directed to follow the Manual without their agreement. The Public Finances Manual does not apply where the financial relationship between the Government of Jersey and an external organisation is on a commercial contractual basis.

Any questions relating to the application or interpretation of the requirements of the Public Finances Manual should be referred to the Treasury and Exchequer Department.

Significant control risks

The principles and requirements contained in the Public Finances Manual address significant risks. Identifying these risks helps to explain the context of the Public Finances Manual and provides guidance on what courses of action may be appropriate. Principles and requirements are designed to mitigate risks, however those risks can rarely be eliminated entirely. Each section of the Public Finances Manual details some of the significant risks specific to that section. The risks identify events and circumstances which may arise. With proper management, and following the Public Finances Manual, the likelihood of those events and circumstances occurring is greatly reduced.

There are also some generic or common risk themes which are applicable across the manual and include:

  • the Strategic Priorities of the States or Government of Jersey are not met
  • approved funding is used in a way which does not represent best value for money for the States or Government as a whole
  • receiving poor value for money, unnecessary expense, or non recovery of income may damage the reputation of the States or Government of Jersey
  • risks are not identified and managed
  • approved funding or income is misappropriated or lost to fraud
  • expenditure or income may be incorrectly reported

Using this manual

This Public Finances Manual provides guidance to all administrators of public finances. The principles and requirements in each section taken together provide a guide to best practice in the area covered in the section. Notwithstanding the above principles or any specific requirements of the Public Finances Manual, users are to bear in mind that these are not intended to discourage the application of common sense. Users of the Public Finances Manual should follow the requirements in most situations but should not do so without considering whether an alternative approach may be more appropriate bearing in mind the principles outlined above.

Each section of the Public Finances Manual follows a standard format of three sections:

    • introduction and background
    • principles
    • requirements

The language used in the Public Finances Manual is intended to be clear, unambiguous and capable of understanding without the benefit of detailed financial expertise.

The section on Significant Control Risks identifies the risks which the controls within the Public Finances Manual are designed to mitigate. These should be read to provide background and context on the purpose of the principles and requirements.

For all requirements of the Public Finances Manual, where the section stipulates “must” then the instruction must be followed unless an exemption has been approved by the States Treasurer or his delegate. If a mandatory requirement has not been followed, and an exemption was not obtained in advance, then a breach must be formally recorded and noted by the Treasurer or his delegate. Where the Public Finances Manual stipulates “should”, then it is expected that this approach is taken. In the latter instances, departments must record and retain evidence where an alternative approach is taken but there is no need to formally record a breach.

This Public Finances Manual is not exhaustive and users should consult with colleagues and consider other guidance available when faced with unusual situations. In all cases the four essential standards of regularity, propriety, value for money and feasibility should be the overriding consideration in the administration of public finances.

This Public Finances Manual or specific sections will be amended and reissued from time to time to reflect developing international customs and practices or changes in Jersey’s public finance framework, or otherwise as considered necessary by the Minister for Treasury and Resources. Users are encouraged to check the Government of Jersey website to ensure that they are working with the latest version and to suggest any amendments or additions they believe may be appropriate to the Financial Governance team within Treasury and Exchequer. The website will contain a log of all amendments. Additionally, whenever the Public Finances Manual is updated, all users will be notified by Treasury and Exchequer and a copy forwarded to the States Public Accounts Committee and be made publicly available.

Transitional provisions and effective date

This Public Finances Manual is effective from January 1 2020 and supersedes the Financial Directions previously issued by the States Treasurer under the Public Finances Law. Financial Directions were discontinued on December 31 2019.

Amendments to the Public Finances Manual

All amendments to the Public Finances Manual must be approved by the Minister for Treasury and Resources, or a delegate (if a delegation has been made by public decision of the Minister). Unless a change is required as an emergency measure the Minister will ensure that the following process is followed:

The need for an amendment may be identified through many potential routes, to include:

  • request from Minister for Treasury and Resources or Treasurer
  • recommendation of Internal Audit
  • Risk team
  • Finance Transformation
  • Finance Business Partners
  • recommendation of Comptroller and Auditor General
  • recommendation of Public Accounts Committee and Scrutiny

Financial Governance team to carry out research on best practice and prepare bullet list of potential contents or changes. As a minimum the following sources will be researched:

  • Scottish Public Finances Manual
  • Her Majesty's Treasury’s Managing Public Money
  • Western Australia Treasurer’s Instructions
  • Victoria Standing Instructions
  • British Columbia Core Policy and Procedures Manual

Group Director of Strategic Finance approves drafting. Financial Governance team drafts amendment or new section. New or amended section(s) (excluding items to be added as Supporting documents) sent to the Law Officers’ Department and Greffier of the States for 5 working days’ consultation. Amended draft prepared by Financial Governance team. Amended draft sent to the Principal Accountable Officers, Senior Heads of Finance Business Partnering and Finance Transformation for 10 working days’ consultation. Financial Governance team prepares training material during this period. Senior Heads of Finance Business Partnering will work with the Financial Governance team to ensure consultation includes a reasonable number of end users (i.e. non finance staff) of the new or amended section. Amended draft prepared by Financial Governance team. Amended draft sent to all Accountable Officers for 5 working days’ consultation and to the Risk and Audit Committee for information. Training on new or amended section offered from 5 days before publication. New or amended section published by the Minister for Treasury and Resources. The Treasurer of the States or their delegate, may decide that the consultation process is shortened such that reviewees receive new or amended sections at the same time. Should this happen no group would suffer a reduced consultation period. Supporting documents can be added (or amended) to the Manual with the agreement of the Group Director of Strategic Finance or their delegate. Minor amendments which do not affect the meaning and content of the Manual are not subject to the above review process. Any such amendments will be agreed by the Group Director of Strategic Finance and published.

The Minister for Treasury and Resources can issue an emergency addition or amendment to the Public Finances Manual to address a significant risk or weakness. Consultation will take place after initial publication, and a revised section may then be issued following that consultation.

Rolling review of the Public Finances Manual

The Group Director of Strategic Finance must maintain a schedule documenting the programme for review of the contents of the Public Finances Manual. This must ensure that each section is subject to detailed review and checking against best practice sources at least every three years.

Accountability

Principal Accountable Officer

Introduction and background

This section applies to the Principal Accountable Officer, but it is important that all Accountable Officers (other than for Non Ministerial Bodies) are aware of the role and responsibilities of the Principal Accountable Officer as established under the Public Finances Law. The Chief Executive Officer of the Council of Ministers is the Principal Accountable Officer and as such is answerable to the States of Jersey and accountable to the Council of Ministers for the exercise of the functions of the office.

The Principal Accountable Officer is responsible for the appointment of Accountable Officers (except those of Non Ministerial Bodies) and for determining their functions.

Although the Principal Accountable Officer is not responsible for making policy decisions (this responsibility lies with the Government of Jersey, Council of Ministers and Ministers) they are accountable for the implementation of policy with due regard for the need to achieve value for money and good governance.

The Principal Accountable Officer may remove the Accountable Officer status from an officer (other than for Non Ministerial Bodies) .

The appointment of an Accountable Officer for a Specified Organisation (as defined in Schedule 2 of the Public Finances Law) may have implications for the functions of an Accountable Officer (other than for Non Ministerial Bodies) of a States Body; where this is the case, the Principal Accountable Officer will be responsible for amending the functions of the latter Accountable Officer (other than for Non Ministerial Bodies). For example, appointment of an Accountable Officer in a wholly owned company may require an amendment to the functions of the Accountable Officers for Growth, Housing and Environment and Treasury and Exchequer.

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks addressed by this section include:

  • there is a gap in responsibility and accountability for all of the States or Government of Jersey’s direct and indirectly funded expenditure and income
  • the Principal Accountable Officer is not fully aware of their legal responsibilities and accountabilities
  • the Principal Accountable Officer is unaware of the proper course of action to take if they are directed by the Council of Ministers and Chief Minister to take action which they feel conflicts with their responsibilities and accountabilities
  • Accountable Officers (other than for Non Ministerial Bodies) are not appointed for all States Bodies for which they are required, or that vacancies remain unfilled

Principles

1. Accountability lies far beyond what is included in the Law. The Principal Accountable Officer is personally responsible for ensuring that systems are in place to ensure the States is administered efficiently and effectively, and for ensuring that reports to the States Assembly are accurate, meaningful and do not mislead. He or she can be called before the Public Accounts Committee to justify why a particular course of action was taken, or not taken. Initiatives and activities should be assessed through the “Accountable Officer lens” to assess whether they meet the four essential standards of:

  • proprietary
  • regularity
  • value for money
  • feasibility

and should be able to describe how they contribute to strategic outcomes and departmental objectives over time and how they will measure progress made and or service performance in alignment with the Jersey Standard for Performance Management and Business Planning.

2. Performance of a function of the Principal Accountable Officer may be delegated to another person(s), however, personal accountability for that function cannot be delegated. All delegations must be documented and recorded appropriately.

3. The Principal Accountable Officer must ensure that there are procedures in place to ensure proper control and assurance frameworks exist throughout the States.

4. In addition, the Principal Accountable Officer should apply the overarching test of: “Could this course of action be satisfactorily defended in public?” The Nolan Principles (see the Glossary) are of particular importance to the proper performance of the role.

Requirements

1. Role of Principal Accountable Officer

The Principal Accountable Officer must be aware of their role and responsibilities established under the Public Finances Law. In addition, they must always ensure that the standard of financial management is in compliance with the provisions of the Law, any subordinate legislation and the Public Finances Manual. Where a deviation from policy may be required, the decision and rationale should be documented.

2. Appointing Accountable Officers

When appointing an Accountable Officer (other than for Non Ministerial Bodies), the Principal Accountable Officer must specify in the letter of appointment any specific functions expected of individual officers. As such, these Accountable Officers (other than for Non Ministerial Bodies) are responsible to the Principal Accountable Officer. All Accountable Officer appointments (other than for Non Ministerial Bodies) must be in writing and are effective from the date on which the appointed person receives a copy of the notice of appointment. Copies of appointment letters must be sent to the Comptroller and Auditor General, the Treasurer and for information purposes any Minister with responsibility for the area. An Accountable Officer appointed by the Principal Accountable Officer must be a Government of Jersey employee under the terms of the Employment of States of Jersey Employees (Jersey) Law 2005 (or in the case of a specified organisation an employee of that organisation).

3. Interim Principal Accountable Officer appointments

Should the post of Principal Accountable Officer become vacant or the Chief Executive Officer be unable to discharge the functions of the Principal Accountable Officer the person appointed to carry out the functions of Chief Executive Officer will discharge the relevant functions of the Principal Accountable Officer on an interim basis, who must be a Government of Jersey employee under the terms of the Employment of States of Jersey Employees (Jersey) Law 2005.

4. Publishing details of Accountable Officers

The Principal Accountable Officer is required to make publicly available a full list of Accountable Officers with details of their area(s) of responsibility. A full list of Accountable Officers, including those appointed by the Principal Accountable Officer, is included in Supporting documents.

5. Functions of the Principal Accountable Officer

The Principal Accountable Officer is both answerable to the States of Jersey and accountable to the Council of Ministers for the following overarching functions:

  • ensuring the propriety and regularity of the finances of States Bodies (other than the Non Ministerial Bodies), specified organisations and States Funds
  • ensuring that the resources of States Bodies (other than the Non Ministerial Bodies), specified organisations and States Funds are used economically, efficiently and effectively
  • ensuring that Accountable Officers carry out the functions allocated to and expected of them
  • carrying out the functions of an Accountable Officer where an appointee is unable to meet their obligations
  • obtaining written authority from the Chief Minister, Minister or Council of Ministers before taking an action which is considered to be inconsistent with the proper performance of the functions of the Principal Accountable Officer.

The Public Finances Law provides for the appointment of Accountable Officers for specified organisations. Arrangements for Accountable Officers within existing enactments are maintained, such as the States of Jersey Police Force Law 2012 which determines that the Chief Officer of the States of Jersey Police must be the Accountable Officer for the Force.

6. Governance Statement

At the end of each financial year, the Principal Accountable Officer must sign off the States of Jersey's overall Governance Statement, which shall be an amalgam of responses received from Accountable Officers. When completing this, the Principal Accountable Officer should take note of the Governance Statements signed by the individual Accountable Officers. The format and content of the Governance Statement will be prescribed by the Minister for Treasury and Resources.

7. Financial appraisal

The Principal Accountable Officer must ensure that all matters which have financial implications and which require consideration by the Council of Ministers are financially appraised by the Treasurer or their representative. The Principal Accountable Officer should ensure that any recommendations and comments are forwarded to the Council of Ministers. The Principal Accountable Officer must also ensure that systems exist to ensure that all proposals put forward by the Council of Ministers and in the name of individual Ministers for consideration by the States Assembly are supported with accurate and relevant financial appraisal.

8. Documenting procedures

The Principal Accountable Officer must ensure that there are well documented procedures in place to ensure that the performance of Accountable Officers appointed by the Principal Accountable Officer, in carrying out their functions is monitored, reviewed and assessed.

9. Delegation

When considering delegation, the Principal Accountable Officer must ensure clear lines of control as well as accountability and reporting arrangements. Arrangements for delegation should promote good financial management and governance and should be supported by the necessary staff with an appropriate balance of skills and experiences.

10. Infringements

If the Principal Accountable Officer is directed by the Council of Ministers and or Minister to follow a course of action which involves a transaction which is considered to infringe the requirements of propriety or regularity; or their wider responsibility to ensure economy, efficiency and effectiveness, the Principal Accountable Officer should set out in writing the reason for the objection and their duty to notify the Comptroller and Auditor General. If a decision is made to go ahead with the course of action the Principal Accountable Officer must request a written instruction to this effect with a copy sent to the Comptroller and Auditor General and States Treasurer. If the course of action is followed, the Public Accounts Committee should be expected to recognise that the Principal Accountable Officer bears no personal responsibility for the action. The acid test is whether the Principal Accountable Officer could justify the proposed activity if asked to defend it.

11. Provision of details

When requested, the Principal Accountable Officer is responsible for timely provision of adequate and accurate financial information and evidence to the Council of Ministers, Minister for Treasury and Resources, Treasurer, Public Accounts Committee, Comptroller and Auditor General and Scrutiny Panels in the appropriate format and to the relevant timescales. The Principal Accountable Officer must be ready to respond to all questions or queries and obtain relevant support in terms of evidence from other appropriate staff. The Principal Accountable Officer should ensure provision of details of any errors or omissions to Public Accounts Committee and or Scrutiny Panels is done as soon as is reasonably practical.

12. Accountable Officer vacancy in a States Body

In instances where the Principal Accountable Officer has not appointed an Accountable Officer for any States Body (other than for Non Ministerial Bodies) or a Specified Organisation, the Principal Accountable Officer will be deemed to be the Accountable Officer for that area.

13. Staff awareness

The Principal Accountable Officer has the responsibility of ensuring that all staff are aware that they are responsible for public money and that high standards are expected of them.

14. Risk Management

The Principal Accountable Officer must ensure that an appropriate approach to risk management is followed throughout the Government of Jersey and various departments respectively and that systems are in place to identify and manage these risks. The Principal Accountable Officer should take into account the Government of Jersey’s Risk Management Strategy and Guidelines.

Accountable Officers in Government Departments

Introduction and background

This section provides guidance for Accountable Officers with responsibility for any of the following:

  • States Bodies as defined in the Public Finances Law (normally a department)
  • any Fund established or continued under the Public Finances Law,
  • Government of Jersey income
  • money derived from taxation and duties
  • assets forming part of trust assets.

The role of Accountable Officer is established under the Public Finances Law.

The Chief Executive Officer of the Council of Ministers is the Principal Accountable Officer, and as such is answerable to the States Assembly and accountable to the Council of Ministers for the exercise of the responsibilities of the office, which include the appointment of Accountable Officers and determining their functions. Accountable Officers are answerable to the Public Accounts Committee for their area of responsibility. A full list of Accountable Officers and their areas of responsibility is included in Supporting documents.

Whilst Accountable Officers are not responsible for making policy decisions (this responsibility lies with the either the Council of Ministers, individual Ministers or the States Assembly), they are accountable for the implementation of policy with due regard for the need for efficient and effective outcomes of States priorities.

In addition to the guidelines set out in this section, Accountable Officers should refer to all other sections of this Manual, as well as other formal Policies which are relevant and have been brought to their attention by the Principal Accountable Officer or Treasurer of the States or of which they should be reasonably expected to be aware, and also to the States of Jersey Code of Conduct issued by the (then) Human Resources department.

The Principal Accountable Officer and Accountable Officers of Non Ministerial States Bodies and Specified Organisations are covered in different sections of this section.

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • there is a gap in responsibility and accountability for all of the States or Government of Jersey’s direct and indirectly funded expenditure and income
  • Accountable Officers are not fully aware of their legal responsibilities and accountabilities
  • an Accountable Officer is unaware of the proper course of action to take if they are directed by the Council of Ministers, Minister or the Principal Accountable Officer to take action which they feel conflicts with their responsibilities and accountabilities

Principles

1. Accountability lies far beyond what is included in the Law. Accountable Officers are personally responsible for managing their area of responsibility efficiently and effectively, and for reporting to the States Assembly accurately and transparently. Initiatives and activities should be assessed “through the Accountable Officer lens” to assess whether they meet the four essential standards of:

  • propriety
  • regularity
  • value for money
  • feasibility

and should be able to describe how they contribute to strategic outcomes and departmental objectives over time and how they will measure progress made and or service performance in alignment with the Jersey Standard for Performance Management and Business Planning.

2. The functions of an Accountable Officer may be delegated to another person(s), however, personal accountability for that function remains with the Accountable Officer. All delegations must be documented and recorded appropriately.

3. Accountable Officers must ensure that there are procedures in place to ensure proper control and assurance frameworks exist throughout the States Body. Internal and external audit findings assess and test internal controls and performance, and these audit findings should be used in conjunction with other measures to continually improve internal controls and performance.

4. In addition, Accountable Officers should apply the overarching test of: “Could this course of action be satisfactorily defended in public?” The Nolan Principles are of particular importance to the proper performance of the role.

5. Accountable Officers should work together for the common good of the Government of Jersey.

Requirements

1. Duties of Accountable Officers

Accountable Officers must be aware of their roles and responsibilities as set out in their appointment letters. In addition, they must always ensure that the standard of financial management is in compliance with the provisions of the Public Finances Law, the Public Finances Manual and any additional policies. Where a deviation from policy may be required, the decision and rationale should be documented and appropriate approval obtained through the use of the exemption and breach processes where necessary (Exemption and Breaches should be recorded in the on-line system).

2. Appointment of Accountable Officers

When appointing an Accountable Officer, the Principal Accountable Officer in the letter of appointment must specify any functions expected of individual officers. As such, these Accountable Officers are responsible to the Principal Accountable Officer. All Accountable Officer appointments must be in writing and are effective from the date which the appointed person receives a copy of the notice of appointment. Copies of appointment letters must be sent to the Comptroller and Auditor General, the Treasurer and any Minister with responsibility for the area. An Accountable Officer must be a States’ employee or in the case of a specified organisation, an employee of the organisation.

3. Delegation

When considering delegation, Accountable Officers must ensure clear lines of control as well as accountability and reporting arrangements. Arrangements for delegation should promote good financial management and governance and should be supported by the necessary staff with an appropriate balance of skills and experience. Any Delegated Officer must be a Government of Jersey employee under the terms of the Employment of States of Jersey Employees (Jersey) Law.

4. Objections

If Accountable Officers are directed by the Council of Ministers and or their Minister or Principal Accountable Officer to follow a course of action which involves a transaction which is considered to infringe the requirements of propriety or regularity; or their wider responsibility to ensure economy, efficiency and effectiveness, Accountable Officers should set out in writing to the person issuing the direction the reason for the objection, and notify the Principal Accountable Officer and the Comptroller and Auditor General. If a decision is made to go ahead with the course of action the Accountable Officers must request a written instruction to this effect with a copy sent to the Comptroller and Auditor General. If the course of action is followed, the Public Accounts Committee should be expected to recognise that the Accountable Officers bear no personal responsibility for the action. The acid test is whether the Accountable Officer could justify the proposed activity if asked to defend it.

5. Reporting and response to queries

When requested, the Accountable Officer is responsible for timely provision of adequate and accurate financial information and evidence to the Council of Ministers, Minister for Treasury and Resources, Principal Accountable Officer, Treasurer, Public Accounts Committee, Comptroller and Auditor General and Scrutiny Panels in the appropriate format and to the relevant timescales. Accountable Officers must be ready to respond to all questions or queries and obtain relevant support in terms of evidence from other appropriate staff. Accountable Officers should ensure provision of details of any errors or omissions to Public Accounts Committee or Scrutiny Panels is done as soon as reasonably practical.

6. Staff awareness

Accountable Officers have the responsibility of ensuring that all staff are aware that they are responsible for public money and that high standards are expected of them.

7. Stewardship

Accountable Officers are responsible for effective stewardship of assets they control and safeguard and must ensure that they are effectively checked and discrepancies investigated and reported on.

8. Risk management

Accountable Officers must ensure that an appropriate approach to risk management is followed throughout the States Body and that systems are in place to identify and manage these risks. Specifically, Accountable Officers should take into account the Government of Jersey’s Risk Management Strategy and Guidelines.

9. Prudence

Accountable Officers must promote prudence and the economic, efficient and effective use of all resources at all times, and in particular by ensuring:

  • the prevention and detection of fraud, error and wasteful practices as well as correcting them as appropriate
  • the establishment and maintenance of sound systems of internal control that support the achievement of the set policies, aims and priorities. The systems of internal control are designed to respond to and manage the whole range of risks that an organisation faces
  • that financial systems and procedures promote the efficient and economical conduct of business
  • that funds allocated to Arm’s Length Organisations (which do not include the Specified Organisations defined in the Law or any area which is classed as a States body in its own right) are used for the purposes intended and there must be a clear understanding of the respective responsibilities of the Accountable Officer and the relevant accountable official of the Arm’s Length Organisations, as well as maintaining and effectively monitoring compliance with the funding agreement or Memorandum of Understanding in place.

10. Other duties of Accountable Officers

Accountable Officers must ensure that:

  • all items of expenditure and receipts are dealt with in accordance with the relevant legislation and any other States Assembly approvals authorising them and any applicable delegated authority
  • expenditure is a proper and acceptable charge on public funds and that all items of expenditure and receipts are dealt with in accordance with the States Assembly’s intentions for the public funds for which they are responsible
  • adequate systems and checks exist to ensure that all income, as far as is practical, is collected and promptly banked into the appropriate States bank account(s); and expenditure is paid in a timely and accurate basis and in line with relevant approvals
  • proper financial procedures are followed and that accounting records are maintained in a form suited to the requirements of management; and capable of being provided in a format required for the published annual financial statement
  • authorised spending limits are not exceeded. If it appears as though this might happen due to a formal letter of instruction from the Principal Accountable Officer or Minister the Accountable Officer must notify the Minister for Treasury and Resources and Treasurer (or the Chief Minister if the letter of instruction is from the Minister for Treasury and Resources)

11. Policy development

Accountable Officers must ensure that when policies are being developed that affect their area(s) of responsibility that all relevant financial considerations, including those relating to propriety, regularity and value for money are taken into account and where appropriate brought to the attention of the Public Accounts Committee and relevant Minister(s) and or Council of Ministers.

12. Governance Statement

At each financial year end, an Accountable Officer must sign the relevant annual accounts and the Governance Statement for their area(s) of responsibility. In signing these documents, the Accountable Officer is acknowledging the basis on which they believe their responsibilities have been properly discharged:

  • the Governance Statement must record and confirm that the necessary controls have been instituted and that, where weaknesses are acknowledged to exist, the necessary improvements in control have been arranged
  • signing the Accounts effectively means that the Accountable Officer accepts personal accountability for the information contained in the accounts as well as the nature of all transactions and agrees that they are in the format prescribed by the States Treasurer

Accountable Officers must forward completed Governance Statements to the Principal Accountable Officer and Accounts to the States Treasurer. Full details of an Accountable Officer’s remuneration will be published as part of the annual Financial Statement.

Where there is a change of Accountable Officer during a year the outgoing officer should prepare an interim Governance Statement or handover letter that the incoming incumbent can place reliance on when preparing their own statement. If this is not possible the incoming Accountable Officer should seek assurances from relevant senior departmental managers for the period in question.

13. Responsibility for Funds

In instances where an Accountable Officer has responsibility for a States Fund, Trust Fund, or Government of Jersey income, they should ensure that the relevant legislation and States Assembly approvals are followed as well as those general responsibilities listed in this section.

14. Multiple duties

An Accountable Officer must, where appropriate, combine the duties of an Accountable Officer for their department or area of responsibility with their duty to serve and support the Minister to which they are responsible.

15. Financial management

An Accountable Officer must ensure that there is a standard of financial management in their area of responsibility which meets or exceeds the requirements of the Government of Jersey Financial Reporting Manual and the Public Finances Manual.

16. Availability

An Accountable Officer should ensure that they are generally available for consultation but in periods of absence i.e. annual leave they must ensure that there is another senior officer who can on act on their behalf. This should be documented in the departmental Scheme of Delegation. In exceptional circumstances, and where an Accountable Officer will be incapacitated for a period of four weeks or more, the Principal Accountable Officer must be notified.

17. Discrepancies

Accountable Officers should routinely scrutinise and identify any discrepancies on any significant policy proposals or plans to start or vary Major Projects and assess whether they measure up to the requirements of relevant legislation, Government of Jersey Policies and any other agreed standards. The Accountable Officer should draw any such problems to the attention of the responsible Minister to see whether they can be resolved.

18. Conflict of interest

Where an Accountable Officer identifies an actual or potential conflict of interest, such conflicts should be mitigated through steps such as declaration or register, requesting for a temporary substitute and resignation, depending on the type of conflict identified.

Accountable Officers in Specified Organisations

Introduction and background

This section applies to Specified Organisations – which are those organisations where the Principal Accountable Officer has appointed an Accountable Officer under the terms of the Public Finances Law.

The Chief Executive Officer of the Council of Ministers is the Principal Accountable Officer and as such is responsible for the appointment of an Accountable Officer in a Specified Organisation and for determining their functions. This is to ensure that there is accountability for the best use of public resources even when service delivery is conducted at arm’s length to the Government of Jersey’s administration.

The Principal Accountable Officer may appoint an Accountable Officer in the following Specified Organisations (as listed in Schedule 2 of the Public Finances Law):

  • Andium Homes Limited and its subsidiary companies (if any)
  • Jersey Post International Limited and its subsidiary companies (if any)
  • JT Group Limited and its subsidiary companies (if any)
  • Jersey Overseas Aid Commission
  • Ports of Jersey Limited
  • States of Jersey Development Company Limited and its subsidiary companies (if any)

This list may be added to by the Minister for Treasury and Resources through the issuance of an Order.

The Accountable Officer for a Specified Organisation must be a paid employee of that Organisation.

In addition to the guidelines set out in this section, Accountable Officers should have regard to all other sections where relevance is identified, as well as other formal policies which are relevant and have been brought to their attention by the Principal Accountable Officer or Treasurer of the States or of which they should be reasonably expected to be aware. However, the bodies will have their own such policies and codes.

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • there is a gap in responsibility and accountability for all of the Specified Organisations direct and indirectly funded expenditure and income
  • Accountable Officers are not fully aware of their legal responsibilities and accountabilities
  • an Accountable Officer is unaware of the proper course of action to take if they are directed by the Council of Ministers and or Government of Jersey, Minister, Chair, Board Member of the Specified Organisation and or Principal Accountable Officer to take action which they feel conflicts with their responsibilities and accountabilities
  • the Specified Organisation undertakes a course of action that is outside the risk appetite of the States or Government of Jersey leading to reputational damage for the Specified Arm’s Length Organisation and the States or Government of Jersey
  • the Specified Organisation competes unfairly with Private Sector organisations in the market
  • the requirements of the States or Government of Jersey cause the Accountable Officer of the Specified Organisation to act in a manner contrary to the laws under which the Specified Organisation is established

Principles

1. Accountability lies far beyond what is included in the Law. Accountable Officers in Specified Organisations are personally responsible for managing their area of responsibility efficiently and effectively, and for reporting to the States Assembly accurately and transparently in accordance with their Memorandum of Understanding and Articles of Association. Initiatives and activities should be assessed “through the Accountable Officer lens” to assess whether they meet the four essential standards of:

  • propriety
  • regularity
  • value for money
  • feasibility

2. The function of Accountable Officers may be delegated to another person(s), however, personal accountability for that function cannot be delegated. All delegations must be documented and recorded appropriately.

3. Accountable Officers in Specified Organisations must ensure compliance with the Memorandum of Understanding and any other associated documents signed with the relevant Minister.

4. Accountable Officers must demonstrate the same oversight over subsidiaries and or branches, as the establishment of subsidiaries and or branches must not be seen as a means of avoiding direct public oversight.

5. In addition, Accountable Officers should apply the overarching test of: “Could this course of action be satisfactorily defended in public?” The Nolan Principles (see the Glossary) are of particular importance to the proper performance of the role.

6. Accountable Officers should work together for the common good of the Government of Jersey and Specified Organisations. Accountable Officers for Specified Organisations should maintain a balance between their responsibilities to the Government of Jersey and to the Specified Organisation. Where there is an actual or perceived conflict of obligations, those under the Companies (Jersey) Law 1991 will take precedence.

Requirements

1. Role of the Accountable Officer

Accountable Officers of Specified Organisations must be aware of their roles and responsibilities established under their letters of appointment.

2. Appointment of Accountable Officers

When appointing an Accountable Officer, the Principal Accountable Officer in the letter of appointment must specify any specific functions expected of individual officers. As such, these Accountable Officers are responsible to the Principal Accountable Officer, to the extent permitted by the laws under which the Specified Organisation is established. All Accountable Officer appointments must be in writing and are effective from the date on which the appointed person receives a copy of the notice of appointment. Copies of appointment letters must be sent to the Comptroller and Auditor General, the States Treasurer and any Minister with responsibility for the area.

3. Position of Accountable Officers

An Accountable Officer must be an employee of the Specified Organisation. In normal instances, the Accountable Officer will be the most senior full time official of the Organisation, however, the Principal Accountable Officer has the discretion to appoint another officer subject to relevant approvals.

4. Information

An Accountable Officer must ensure that all managers and staff have the relevant information, training and access to information to carry out their responsibilities. Managers must have a clear view of their priorities and it must be possible to assess their performance against these.

5. Multiple roles

It will be incumbent on the person appointed as Accountable Officer to combine the functions of that role with their functions and duties of the Specified Organisation through which they derive their authority, including those under other legislation such as the Companies (Jersey) Law 1991. If responsibilities conflict then the Companies Law requirements take priority.

6. Propriety and Regularity

An Accountable Officer will be expected to ensure that the Specified Organisation achieves high standards of propriety and regularity and that the Specified Organisation is given appropriate advice on these matters so as to ensure that resources are used economically, efficiently and effectively.

7. Financial support

In those instances where a Specified Organisation receives direct financial support from the Government of Jersey to carry out a specific task or function the Accountable Officer must ensure that the financial support is used for the purposes specified.

8. Oversight

The Memorandum of Understanding between a Specified Organisation and its Minister should provide for the Minister (and relevant Government officers) to exercise oversight of the Arm’s Length Organisation’s strategy, performance and significant transactions e.g. through monthly or quarterly reporting and exception reporting.

9. Delegation

When considering delegation, Accountable Officers must ensure clear lines of control as well as accountability and reporting arrangements. Arrangements for delegation should promote good financial management and governance and should be supported by the necessary staff with an appropriate balance of skills and experiences.

10. Objections

If Accountable Officers are directed by the Board of the Specified Organisation to follow a course of action which involves a transaction which is considered to infringe the requirements of propriety or regularity; or their wider responsibility to ensure economy, efficiency and effectiveness, the Accountable Officer should set out in writing to the Board the reason for the objection and then notify the Minister as shareholder so that the Minister is able to determine if they wish to intervene in such a situation. A copy of the letter must be sent to the Comptroller and Auditor General. The Principal Accountable Officer must then consider the appropriate action to take, having consulted the Minister for Treasury and Resources (as shareholder representative) and having taken into account any legislative requirements.

11. Reporting to Public Accounts Committee and Comptroller and Auditor General

When requested, the Accountable Officer is responsible for timely provision of adequate and accurate financial information and evidence to the Public Accounts Committee and Comptroller and Auditor General in the appropriate format and to the relevant timescales. Accountable Officers must be ready to respond to all questions or queries and obtain relevant support in terms of evidence from other appropriate staff. Accountable Officers should ensure provision of details of any errors or omissions to Public Accounts Committee is done as soon as reasonably practical. Under the Comptroller and Auditor General (Jersey) Law 2014, the Comptroller and Auditor General may report on any matter relating to:

  • general corporate governance arrangements
  • the effectiveness of internal controls and the internal auditing of those controls
  • whether resources are used economically, efficiently, and effectively
  • actions needed to bring about improvement where necessary

12. Expected standards

Accountable Officers have the responsibility of ensuring that all staff are aware that they are responsible for public money and that high standards are expected of them.

13. Stewardship

Accountable Officers are responsible for effective stewardship of assets they control and safeguard and must ensure that they are effectively checked and discrepancies investigated and reported on.

14. Risk management

Accountable Officers must ensure that an appropriate approach to risk management is followed throughout the Specified Organisation and that systems are in place to identify and manage these risks.

15. Prudence

Accountable Officers must promote prudence and the economic, efficient and effective use of all resources at all times, and in particular by ensuring:

  • the prevention and detection of fraud, error and wasteful practices as well as correcting them as appropriate
  • the establishment and maintenance of sound systems of internal control that support the achievement of the set policies, aims and priorities. The systems of internal control are designed to respond to and manage the whole range of risks that an organisation faces
  • that financial systems and procedures promote the efficient and economical conduct of business

16. Financial management

An Accountable Officer must ensure that there is a proper standard of financial management in their Specified Organisation.

17. Availability for consultation

An Accountable Officer should ensure that they are generally available for consultation but in periods of absence i.e. annual leave they must ensure that there is another senior officer who can on act on their behalf. In exceptional circumstances, and where an Accountable Officer will be incapacitated for a period of four weeks or more, the Principal Accountable Officer must be notified.

18. Conflict of interest

Where an Accountable Officer identifies an actual or potential conflict of interest, such conflicts should be mitigated through steps such as declaration or register, requesting for a temporary substitute and resignation, depending on the type of conflict identified.

19. Consultation on appointment

Prior to appointing an Accountable Officer in a Specified Organisation the Principal Accountable Officer must consult with the body concerned on the contents of the appointment letter.

Accountable Officers in Non Ministerial States Bodies

Introduction and background

This section applies to Accountable Officers with responsibility for the following Non Ministerial States Bodies defined in Schedule 1 to the Public Finances Law:

  • Bailiff’s Chambers
  • Office of the Lieutenant Governor
  • Office of the Comptroller and Auditor General
  • States Greffe
  • Viscount’s Department
  • Judicial Greffe
  • Law Officers’ Department
  • Official Analyst
  • Jersey Probation Service

The role of Accountable Officer is established under the Public Finances Law

For the Bodies covered by this section, their Chief Officer is usually their Accountable Officer, although the Minister for Treasury and Resources can, in exceptional circumstances, appoint a person other than its Chief Officer or appoint an additional Accountable Officer, for example the Bailiff and Attorney General cannot report to someone within the States administration, whether Minister or civil servant. A full list of Accountable Officers and their areas of responsibility is published in Supporting documents.

In addition to the guidelines set out in this section, Accountable Officers should refer to all other sections, as well as other formal Policies which are relevant and have been brought to their attention by the Principal Accountable Officer or Treasurer of the States or of which they should be reasonably expected to be aware, and also to the States of Jersey Code of Conduct issued by the (then) Human Resources department.

In addition to the common risks identified in the Background and Introduction section of the Public Finances Manual a number of significant risks relating to this section include:

  • the independence and effectiveness of the Non Ministerial States Bodies is compromised
  • there is a gap in responsibility and accountability for all of the States or Government of Jersey’s direct and indirectly funded expenditure and income
  • Accountable Officers are not fully aware of their legal responsibilities and accountabilities

Principles

1. Accountability lies far beyond what is included in the Law. The Accountable Officers are personally responsible for managing their area of responsibility efficiently and effectively, and for reporting to the States Assembly accurately and transparently. Initiatives and activities should be assessed through the “Accountable Officer lens” to assess whether they meet the four essential standards of:

  • proprietary
  • regularity
  • value for money
  • feasibility

2. This should be able to describe how they contribute to strategic outcomes and departmental objectives over time and how they will measure progress made and or service performance in alignment with the Jersey Standard for Performance Management and Business Planning.

3. The functions of an Accountable Officer may be delegated to another person(s), however, personal accountability for those functions cannot be delegated. All delegations must be documented and recorded appropriately.

4. Accountable Officers must ensure that there are procedures in place to ensure proper control and assurance frameworks exist throughout the Government of Jersey. Internal and external audit findings assess and test internal controls and performance. These audit findings should be used in conjunction with other measures to continually improve internal controls and performance.

5. In addition, Accountable Officers should apply the overarching test of: “Could this course of action be satisfactorily defended in public?” The Nolan Principles (see the Glossary) are of particular importance to the proper performance of the role.

6. Accountable Officers should work together for the common good of the Government of Jersey. 

Requirements

1. Role of Accountable Officers

Accountable Officers must be aware of their roles and responsibilities set out in their letters of appointment. In addition, they must always ensure that the standard of financial management is in compliance with the provisions of the Law and the Public Finances Manual. Where a deviation from policy may be required, the decision and rationale should be documented.

2. Appointment of Accountable Officers

In exceptional circumstances an Accountable Officer who is not the Chief Officer may be appointed in writing by the Minister for Treasury and Resources. An appointment is effective once the written notice of the appointment is received, a copy of which must be forwarded to the Comptroller and Auditor General and the States Treasurer. A copy should be sent to the Principal Accountable Officer for information purposes.

3. Position of Accountable Officers

The Accountable Officer must be an officer of the Non Ministerial States Body.

4. Delegation

When considering delegation, Accountable Officers must ensure clear lines of control as well as accountability and reporting arrangements. Arrangements for delegation should promote good financial management and governance and should be supported by the necessary staff with an appropriate balance of skills and experiences. Delegations must be recorded in the departmental Scheme of Delegation.

5. Provision of information

When requested, the Accountable Officer is responsible for timely provision of adequate and accurate financial information and evidence to the Public Accounts Committee, Comptroller and Auditor General and Scrutiny Panels in the appropriate format and to the relevant timescales. Accountable Officers must be ready to respond to all questions or queries and obtain relevant support in terms of evidence from other appropriate staff. Accountable Officers should ensure provision of details of any errors or omissions to Public Accounts Committee or Scrutiny Panels is done as soon as reasonably practical.

6. Staff awareness

Accountable Officers have the responsibility of ensuring that all staff are aware that they are responsible for public money and that high standards are expected of them.

7. Stewardship

Accountable Officers are responsible for effective stewardship of assets they control and safeguard and must ensure that they are effectively checked and discrepancies investigated and reported on.

8. Risk management

Accountable Officers must ensure that an appropriate approach to risk management is followed throughout the relevant Non Ministerial States Bodies, and that systems are in place to identify and manage these risks.

9. Prudence

Accountable Officers must promote prudence and the economic, efficient and effective use of all resources at all times, and in particular by ensuring:

  • the prevention and detection of fraud, error and wasteful practices as well as correcting them as appropriate
  • the establishment and maintenance of sound systems of internal control that support the achievement of the set policies, aims and priorities. The systems of internal control are designed to respond to and manage the whole range of risks that the Non Ministerial States Bodies face
  • that financial systems and procedures promote the efficient and economical conduct of business
  • that funds allocated to Non Ministerial States Bodies are used for the purposes intended and there must be a clear understanding of the respective responsibilities of the Accountable Officer

10. Further duties of Accountable Officers

Accountable Officers must ensure that:

  • all items of expenditure and receipts are dealt with in accordance with the relevant legislation and any other approvals of the States, Minister for Treasury and Resources or Treasurer of the States authorising them and any applicable delegated authority
  • expenditure is a proper and acceptable charge on public funds and that all items of expenditure and receipts are dealt with in accordance with the States of Jersey’s intentions for the public funds for which they are responsible
  • adequate systems and checks exist to ensure that all income, as far as is practical, is collected and promptly banked into the appropriate States’ bank account(s); and expenditure is paid in a timely and accurate basis and in line with relevant approvals
  • proper financial procedures are followed and that accounting records are maintained in a form suited to the requirements of management; and capable of being provided in a format required for the published annual financial statement
  • authorised spending limits are not exceeded.

11. Annual accounts

At each financial year end an Accountable Officer must sign the relevant annual accounts and the Governance Statement for their area(s) of responsibility. In signing these documents the Accountable Officer is acknowledging the basis on which they believe their responsibilities have been properly discharged;

  • the Governance Statement must record and confirm that the necessary controls have been instituted and that, where weaknesses are acknowledged to exist, the necessary improvements in control have been arranged; and
  • signing the Accounts effectively means that the Accountable Officer accepts personal accountability for the information contained in the accounts as well as the nature of all transactions and agrees that they are in the format prescribed by the States Treasurer

Accountable Officers must forward completed Governance Statements and Accounts to the States Treasurer. As part of the annual financial statement full details of an Accountable Officer’s remuneration will be published.

12. Multiple duties

An Accountable Officer must, where appropriate, combine the duties of an Accountable Officer with their duty to serve and support the Non Ministerial States Bodies they are responsible to.

13. Financial management

An Accountable Officer must ensure that there is a standard of financial management in their area of responsibility which meets or exceeds the requirements of the States of Jersey Financial Reporting Manual and Public Finances Manual.

14. Notifying the States Treasurer

The States Treasurer must be notified of all notifications or letters of instruction issued by or to an Accountable Officer. These include notifications made by Accountable Officers where they have been asked to follow an inappropriate course of action, or letters of instruction received in such cases.

15. Availability for consultation

An Accountable Officer should ensure that they are generally available for consultation but in periods of absence i.e. annual leave they must ensure that there is another senior officer who can on act on their behalf. In exceptional circumstances, and where an Accountable Officer will be incapacitated for a period of four weeks or more, the Minister for Treasury and Resources must be notified.

16. Discrepancies

Accountable Officers should routinely scrutinise and identify any discrepancies on any significant policy proposals or plans to start or vary major projects and assess whether they measure up to the requirements of relevant legislation, States of Jersey Policies and any other agreed standards.

17. Conflict of interest

Where an Accountable Officer identifies an actual or potential conflict of interest, such conflicts should be mitigated through steps such as declaration or register, requesting for a temporary substitute and resignation, depending on the type of conflict identified.

18. Objections

If Accountable Officers are directed by any person in a position of authority to follow a course of action which involves a transaction which is considered to infringe the requirements of propriety or regularity; or their wider responsibility to ensure economy, efficiency and effectiveness, Accountable Officers should set out in writing to the person issuing the direction the reason for the objection, and notify the Principal Accountable Officer and the Comptroller and Auditor General. If a decision is made to go ahead with the course of action the Accountable Officers must request a written instruction to this effect with a copy sent to the Comptroller and Auditor Officer. If the course of action is followed, the Public Accounts Committee should be expected to recognise that the Accountable Officers bear no personal responsibility for the action. The acid test is whether the Accountable Officer could justify the proposed activity if asked to defend it.

Heads of Finance Business Partnering

Introduction and background

This section sets out requirements relating to Heads of Finance Business Partnering and the role they play in working with Accountable Officers to meet statutory public finance obligations.

It is expected that all States Bodies have a professionally accountancy qualified Senior Finance Business Partner, reporting to the States Treasurer. This officer may or may not be part of the States Body’s (normally department’s) operational structure, but should be a part of that department’s governance structure i.e. be involved with major decisions of a financial nature. It is good practice for Arm’s Length Organisations to have similar arrangements in place. Some Arm’s Length Organisations may not be of the requisite size to support a full time Finance Director and, therefore, alternative but pragmatic arrangements may need to be put in to force.

Users of this section should refer to other sections of the Public Finances Manual, as well as to all Policies that are relevant, and also to the States of Jersey Code of Conduct issued by the (then) Human Resources department.

Principles

1. Heads of Finance Business Partnering should:

  • possess the relevant professional accountancy qualifications and necessary experience required for the role
  • have direct access to the partner department’s Director General or most senior officer
  • be a part of the partner department’s governance arrangements. This could mean being a member of the senior leadership team

2. Heads of Finance Business Partnering should have a clear understanding and be up to date on a department’s financial performance and position.

3. Supporting the Accountable Officer, Heads of Finance Business Partnering should ensure that there is sufficient expertise and effective systems to discharge this responsibility and ensure that those responsible for the Department’s activities are able to account for their financial performance.

4. In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • Heads of Finance Business Partnering are unaware of the impact of the role they play in working with Accountable Officers to meet public financial management obligations
  • financial mismanagement or fraud due to a lack of sufficient oversight of the wider finance team
  • Heads of Finance Business Partnering without sufficient experience and qualifications are employed and as such, reporting, budgeting and forecasting information provided is unreliable and inaccurate

Requirements

The role of Head of Finance Business Partnering involves the following:

1. Governance

  • being part of the financial leadership arrangement, both within the department and to its Arm’s Length Organisations when relevant, at both a strategic and operational level
  • ensuring sound and appropriate financial governance and risk management, to include ensuring that the Director General (or equivalent) has prepared a Scheme of Delegation
  • leading, motivating and developing finance staff reporting to them, establishing their full commercial contribution to the business
  • planning and delivering the financial framework against the defined strategic and operational criteria
  • challenging and supporting decision makers, especially on propriety, regularity, value for money and feasibility, by ensuring that policy and operational proposals with a significant financial implication are signed off by the finance function

2. Internal controls

  • coordinating the planning and budgeting processes, including contributions to the Government Plan
  • applying discipline in financial management, including, where necessary, managing banking, debt and cash flow, with appropriate segregation of duties
  • preparation of timely, accurate and meaningful management information
  • ensuring that delegated financial authorities are respected
  • leading or promoting change programmes both within the department and its Arm’s Length Organisations

3. Reporting and scrutiny

  • overseeing the preparation of annual accounts and input data for annual financial statements
  • liaison with the auditors (internal, external, Comptroller and Auditor General), Public Accounts Committee and the relevant oversight committees as required
  • reporting accurate and meaningful financial information about the department’s performance to Treasury and Exchequer and the general public as required

4. Internal financial discipline

The Head of Finance Business Partnering must maintain strong and effective policies to control and manage use of resources in the department’s activities. This includes improving the financial literacy of budget holders in the department through various methods including training etc. Similarly, he or she should ensure that a similar culture is promoted in the department’s Arm’s Length Organisations when relevant.

Consulting Treasury and Exchequer

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides guidance on how draft reports, propositions and proposed legislation should be discussed with Treasury and Exchequer where there are obvious or potential financial implications, either for expenditure or raising revenue whether that is a one off event or an annual position. This process will aid in ensuring States Members have access to a greater level of detail with which to consider and debate a proposition.

Users of this section should refer to other sections of the Public Finances Manual or supporting documents that are relevant. Specifically, these include:

  • Accountable Officers
  • expenditure

Principles

1. Treasury and Exchequer should be consulted as early as possible in any financial proposal process.

2. Consultation with Treasury should not be interpreted as amounting to approval. There are situations where explicit approval is required, e.g. from the States; in other cases, the focus of the consultation might be on obtaining information required or establishing the accuracy of available information to construct a robust proposition or proposal.

3. In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • proposals are based on inaccurate or partial information
  • debates take place without all the relevant facts and figures, resulting in waste of the States’ valuable time
  • legislation is passed without sufficient consideration of:
    • the time, income and expenditure requirements
    • the secondary impact on other States policies or services provided

Requirements

1. Consulting Treasury and Exchequer

Before any proposal for policy or legislation with financial implication is submitted for approval (for example to Corporate Strategy Board, Executive Management Team, OneGov Board, Council of Ministers, States Assembly), States Bodies must ensure that they consult Treasury and Exchequer at the earliest stage possible.

2. Explicit approval

The following are examples of matters which require explicit approval by Treasury and Exchequer:

  • expenditure proposals affecting the Government of Jersey’s approved expenditure totals
  • contingent liabilities, including powers to issue indemnities or to provide guarantees
  • increases in fees and charges above 2.5%, including any new charges
  • additional public service staffing above approved limits
  • pay and conditions (e.g. superannuation and early severance terms which may be subject to other legislation) of civil servants
  • pay and conditions of board members of statutory organisations
  • creation of new (or substantial alteration to existing) statutory bodies and related financial arrangements

Assets

Assets

Introduction and background

This section applies to all States Bodies (including States Funds and Trust Assets) as defined in the Public Finances Law, and relates to all non financial Assets, management of inventories and to the management and disposal of assets. This includes capitalised assets (i.e. those costing over £10,000) as well as “equipment” assets (i.e. those costing below £10,000 but where risks suggest control should be exercised).

This section also covers the management of stock. The States Treasurer has authorised the following departmental stock level limits:

  • Health and Community Services: £11.0 million. This stock holding limit is for the period to 30/6/2021 after which the limit will revert to £6 million
  • Department for Infrastructure: £3.5 million
  • Justice and Home Affairs: £80,000

Accountable Officers are personally accountable for the proper financial management of resources as defined in their letters of appointment.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically these include:

  • Delegations and changes to head of expenditure
  • expenditure
  • major Projects

This section does not address the acquisition of assets, which is addressed within the Major Projects section or the Expenditure section, depending on the nature of the asset being acquired.

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include:

  • an asset is not disposed at fair market value and thereby not achieving the best value for the States or Government of Jersey
  • the disposal of an asset is not properly authorised
  • the asset register is incomplete
  • the inventory or asset deteriorates or becomes obsolete
  • there is insufficient inventory causing shortages having consequential impacts
  • the inventory or asset is incorrectly recorded
  • the asset or inventory is used for purposes other than those that meet the States or Government of Jersey’s priorities

Principles

1. Accountable Officers should:

  • utilise assets to deliver value for money and meet the States of Jersey’s priorities
  • ensure that a control and assurance framework is in place
  • safeguard and maintain assets in respect of value, health and safety, insurance, and protection against theft or misuse
  • review the need for assets on a continuous basis
  • ensure that assets are appropriately disposed of at the end of their useful life and that any disposal of assets delivers value for money and is more economic than repairing or maintaining the asset

Requirements

1. Duties of Accountable Officers

Accountable Officers must:

  • ensure that assets are appropriately recorded to ensure completeness and losses, thefts and damages are appropriately documented and appropriate action taken
  • ensure that regular physical checks of assets and inventory are carried out, and where discrepancies between records and physical checks are reported, that appropriate action is taken
  • consult with the appropriate States Body where land or property assets are deemed surplus to operational requirements
  • keep and review a maintenance schedule in order to prioritise the appropriate maintenance of assets and inventory in a manner that protects or enhances their value to the States of Jersey
  • ensure that assets and inventory are only used for purposes that meet the priorities of the States of Jersey and ensure that such assets are adequately insured
  • when a disposal is agreed, ensure that it is completed as swiftly as the market will allow, with reasonable consideration for best value
  • seek appropriate professional advice when disposing of assets of significant value, in particular land and property assets
  • where not contemplated in the approved budget of the States Body, seek approval from the Treasurer of the States for the retention and use of the proceeds of asset disposals where these exceed £5,000
  • ensure that if assets are transferred between States Bodies or to an Arm’s Length Organisations without being offered on the open market, they are transferred at market price and in appropriate circumstances except as otherwise agreed with Treasury and Exchequer (and follow appropriate approval processes)
  • provide inventory and maintenance reports as and when required in the form specified by Treasury and Exchequer
  • seek approval from the States Treasurer for new stock or inventory accounts, or increases in levels of stocks over £50,000

Third party assets

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and to Accountable Officers and officers involved in administering and managing third party assets (referred to as Trust assets in the Public Finances (Jersey) Law 2019).

These assets are defined as:

  • property in a legacy or bequest in favour of the States
  • property held in trust for the States
  • property held by the States or a States Body on behalf of a person. Property may include land, buildings, funds in a bank account of any currency (or coins and notes again in any currency) or valuables (which may include cheques, jewellery, watches, credit or debit cards, phones and other IT devices) held for an indefinite period of time
  • unclaimed property that is due to or belongs to a person other than the States and that has been deposited with the States

These third party assets do not form part of the overall States of Jersey income and expenditure and any money received should not be paid into the Consolidated Fund. Other examples of third party assets include patient’s private cash held by Health and Community Services whilst that person is receiving health care; voluntary funds such as Parent Teacher Association (PTA) funds held by Schools; and minor gifts and donations made in appreciation for services provided by employees in the course of their duties.

Within the Children, Young People, Education and Skills Department there are a number of PTAs, made up of lay people, which hold and administer funds for the benefit of a school and its pupils. This section of the Manual does not apply to these PTAs and the funds they administer but it is recommended that the Acountable Officer ensure that these groups are made aware of the provisions of this Section and any specific procedures set by the Department which they should follow.

This section of the Manual does not apply to any type of money held by the Viscount as an independent office-holder with statutory and court ordered functions.

In view of the diverse nature of third party assets administered across States’ departments it is not practical to provide specific requirements on all of these in this Section of the Manual and, therefore, the requirements section should be supplemented with States Body specific procedures where appropriate.

Users of the Public Finances Manual should refer to other sections that are relevant. These include:

  • Accountable Officers
  • cash
  • banking
  • foreign currency
  • fraud
  • income
  • assets
  • investments

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include:

  • third party assets no longer serve the purpose for which they were intended and assets are tied up and cannot be used for suitable alternate purposes
  • third party assets are incorrectly recorded and lost
  • assets are mismanaged and underutilised and do not provide the benefits intended by the beneficiary
  • the States of Jersey may be held liable for the loss of third party assets
  • third party assets are misappropriated and used for unintended purposes
  • assets left to the States or to a States Body become a drain on the public purse

Principles

1. There should be clear and documented frameworks in place which are tailored for the holding of departmental specific third party assets including property, money and other valuables which protect them from theft, misuse and misappropriation. These frameworks should include hierarchical controls and segregation of duties and, where appropriate, procedures to ensure that third party assets are used for the purposes intended.

2. The same level of governance should be applied to the control of third party assets as is applied to States expenditure and income.

3. The need for third party assets should be periodically reviewed to ensure that they are being held for the purpose intended and that they meet a need of the States or Government of Jersey.

Requirements

1. Accountable Officers

There must be an Accountable Officer for each third party asset who will be responsible for ensuring propriety and regularity. The appointment, responsibilities and other guidelines on Accountable Officers are defined in the appropriate Accountable Officer section.

2. Register of third party assets

Each States Body must maintain a register of the types of third party assets administered and managed by any person or body under the control of their designated area of responsibility.

3. Bank accounts

Before opening any new account to hold a third party asset checks must be made to see if a suitable account already exists.

4. Documentation of procedures

Accountable Officers must ensure that there are the documented procedures in place to cover the administration and management of assets worth over £10,000 or where they consider there is a particular risk. This documentation must, where applicable, include procedures for the return of money and valuables in defined circumstances.

Where a donation (monetary or otherwise) is given as a gift in recognition of service, or gratitude for, a service provided by an employee(s) in the course of their duties the procedures in the Acceptance of gifts and hospitality section of the Manual must be followed.

5.Administration of third party assets

Where money or property has been left in a Will or in Trust to the States the Accountable Officer must ensure that the terms of the relevant Will or Trust are followed. If changes are required to the terms or a Will or Trust to enable funds to be put to better use advice must be sought from the Law Officers’ Department.

6. Asset Registers

Accountable Officers must ensure that, where appropriate, third party assets are correctly recorded in departmental asset registers.

7. Insurance

An Accountable Officer must ensure that suitable insurance arrangements are in place to cover the holding and administration of third party assets.

8. Monitoring and reporting on financial activity

Although third party assets do not form part of the States income and expenditure and are not part of the States of Jersey’s Annual Financial Statement an Accountable Officer must ensure that, for amounts over £10,000 or where there is a particular risk, appropriate periodic reports, at least annually, are prepared for each third party asset. As a minimum these reports should look at the operation and financial performance of these areas to ensure that they are meeting their objectives. It is recommended that a pragmatic approach is taken reflecting the size and type of asset being administered. As a minimum annual accounts must be prepared for those areas where the third party asset is held to provide benefit to a group, for example PTA funds. Again it is recommended that a pragmatic approach is taken when determining the form of such accounts and the level of audit. 

9. Investment

The investment of any money held in any third party asset must be in line with the provisions of the Public Finances (Jersey) Law 2019 or the terms of any bequest or trust fund. The Treasurer of the States is responsible, where appropriate, for ensuring that third party assets are invested in line with the relevant investment strategy. Further guidance can be found in the Investments section of the Manual.

10. Losses

Where any losses occur in relation to third party assets and there is a legal obligation to make good those losses, this must be funded from the head(s) of expenditure of the responsible Accountable Officer.

Leases

Introduction and background

This section provides guidance on leased assets, hire purchase contracts, sale and leaseback transactions and any other similar arrangements (together “lease transactions”) that the States of Jersey may enter into and it applies to all States Bodies as defined in the Public Finances Law. Some leases are economically equivalent to financing and should be treated as such. The section addresses how the States of Jersey may enter into lease arrangements, the procedures to be followed before entering into a lease contract and accountability in relation to leases.

Guidance on how lease contracts should be accounted for and disclosed within each States Body’s and the States of Jersey’s annual financial statements is covered in the Jersey Finance Reporting Manual issued under the Public Finances Manual, which is based on the UK Treasury Financial Reporting Manual and is periodically updated for changes in EU adopted International Financial Reporting Standards as adapted for the Public Sector in Jersey. One change which is relevant to this section is with respect to International Financial Reporting Standards 16 which broadly removes the distinction between operating and finance leases for lessees by introducing a single lessee accounting model that requires a lessee to recognise assets and liabilities for all leases with a term of more than 12 months, unless the underlying asset is of low value. This is expected to be reflected in the Jersey Financial Reporting Manual 2021, however users of this section should consult Treasury and Exchequer for guidance on classifications, where required. States Bodies contemplating such arrangements should consult with Treasury and Exchequer.

The Jersey Financial Reporting Manual defines a lease as “a contract between a lessor and a lessee for the hire of a specific asset”. The States of Jersey currently acts in the capacity of a lessor or a lessee for a variety of specific assets.

Users of this section should refer to other sections of the Public Finances Manual that are relevant, including:

  • assets
  • financing
  • expenditure
  • lending 
  • major projects

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include:

  • leases may be entered into without appropriate approval
  • leases may be entered into that result in the States or Government of Jersey’s aggregate borrowing or lending limits being exceeded
  • the length of the lease term as well as other clauses within it might mean that it does not represent the best value for money for the States or Government of Jersey. Such lease arrangements may be entered into based upon attractive terms, but these may become increasingly onerous over the period of the contract.
  • leases may not be accounted for in accordance with the Jersey Financial Reporting Manual standards
  • lease agreements may be inadequately documented
  • there is an increase in credit risks due to ineffective customer due diligence

Principles

1. Adequate assessment should be carried out prior to entering any leases arrangement to ensure that such arrangements represent best value for money compared to other options. In assessing leases against other options, consideration should also be given to which option allows the States of Jersey to better share or transfer risk; in particular in the case of technology, the risk of obsolescence.

2. Leases should be properly approved, documented and accounted for in accordance with the Jersey Financial Reporting Manual .

3. Finance Leases should be included within the States of Jersey’s financing and lending limits. Although legally, finance leases are not borrowing they count towards the limits set in both the Public Finances Law for financing approved by the Minister and those set by the States Assembly in the Government Plan.

4. There should be proper means of monitoring and controlling leases in accordance with the requirements of this section, the Jersey Financial Reporting Manual and States Bodies’ policies or procedures in relation to leases, if any.

5. The terms of all lease agreements should be clearly assessed and documented to ensure that they do not lead to losses or poor value for money which could have been avoided by the States of Jersey.

Requirements

1. Name on lease

All leases which relate to immovable property must legally be in the name of the Public of the Island or in the case of Specified Organisations, the company itself. Leases relating to property are governed by separate arrangements within Standing Orders.

2. Further guidance

In situations where the States of Jersey acts as lessee or lessor for lease transactions (excluding operating leases), the requirements are the same as those covered by the borrowing and lending provisions of the Public Finances Law. Therefore, reference must be made to the following sections for further guidance:

  • financing
  • lending

3. Approval from States Treasurer

All lease transactions (excluding operating leases) as defined in the Jersey Financial Reporting Manual, regardless of limit, must be referred to the States Treasurer for approval. The Treasurer, in turn, must seek advice from the Law Officers’ Department.

Approval does not need to be sought from the States Treasurer for those leases which are typically entered into by the public of Jersey for premises and/or land and which are approved by the Minister for Infrastructure under the terms of the States of Jersey’s Standing Order 168.

4. Financial appraisal

States Bodies must carry out a full financial appraisal before authorisation is sought regarding any potential leasing arrangement. This should include consideration of penalty clauses and their potential impact on the overall commerciality of the transaction.

5. Leasing costs

All costs of leases must be met by the States Body on whose behalf the lease is obtained, and should include all associated and incidental costs including potential penalties. The cost of leases must be accurately reflected in the appropriate States Body’s financial statements.

6. Framework

The States Treasurer must establish an appropriate framework to ensure that limits on borrowing and lending are not exceeded as a result of lease arrangements (excluding operating leases) without further States approval being obtained.

7. Reporting by the Minister

The Minister for Treasury and Resources must report to the States Assembly every six months on financing (which includes finance lease transactions but not operating leases) and lending undertaken on behalf of the States of Jersey and which has not previously been approved by the States Assembly and is within the limits delegated to the Minister in the Public Finances Law.

8. Documentation

For all leases, the Accountable Officer must be able to provide documentation which indicates that:

  • the leasing agreements entered into are competitive
  • the cost and terms relating to the leasing are comparative with the outright funding option
  • the benefits (tangible and intangible) of using this leasing route outweigh the outright purchase route

Sufficient documentation must be provided to the States Treasurer for all lease proposals and contracts, in order to allow for proper assessment and consideration of the full cost before making a decision to approve or reject the proposal.

9. Provision of contracts to Treasury and Exchequer

Copies of all signed lease contracts to which the Public of the Island, States of Jersey or Minister as a corporation sole are party to, must be forwarded by the relevant Accountable Officer to Treasury and Exchequer.

10. Reporting – Accountable Officers

Accountable Officers must report lease arrangements for both capacities of lessor and lessee in a form specified by Treasury and Exchequer.

Cash and bank

Cash

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and applies to Accountable Officers and officers directly involved in the cash handling process.

In the context of this section, cash means notes and coins, cheques and card receipts, including cash refunds against card receipts. Recognised cash like items such as stamps are also included in this definition. However, cryptocurrencies, digital currencies and other online tokens are not covered within this definition and should not currently be accepted by a States Body (or Specified Organisation) as a form of payment for services.

In view of the diversity of cash systems operating across the States of Jersey (e.g. cash floats, school, student funds, patients’ funds) it is not practical to provide specific requirements on all aspects of cash handling. The requirements of this section should be supplemented with States Body specific procedures where necessary.

Users of the Public Finances Manual should refer to other sections that are relevant. Specifically these include:

  • assets
  • banking
  • expenditure
  • fraud
  • income

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • the States or Government of Jersey is unable to achieve its Strategic Priorities due to poor cash management
  • the personal safety of staff and unsecured cash might be compromised
  • the States or Government of Jersey could become involved in incidents of money laundering
  • cash received is incorrectly recorded
  • cash is used unnecessarily, where electronic payments would be better suited

Principles

1. The use of cash to settle transactions is expensive compared to other methods, such as standing orders, bank transfers or direct debits, and poses a greater risk of losses due to fraud, theft or error. Cash handling should, therefore, be kept to a minimum as a method of payment accepted by the States of Jersey. Debit or credit cards should be the preferred option for one off payments, with cheques and cash only to be used where there is no feasible alternative. In the event that cash is used as a method of payment, such payments should be restricted to a maximum sum to be specified by the States Treasurer. For recurring receipts, Accountable Officers should encourage customers to use bank transfers, direct debits and standing orders to reduce the need for cash handling and encourage timely remittance.

2. Cash balances should only be held for petty cash and float purposes, and should be limited to the lowest practicable amount (as agreed with Treasury and Exchequer) to reduce risk of loss or theft. These limits should be periodically reviewed to ensure that they remain as low as feasibly possible. Treasury and Exchequer must be made aware of these balances and any changes to limits. Any proposed changes to these limits should be communicated in advance and agreed with Treasury and Exchequer.

3. Accountable Officers should ensure that the number of keys issued, security codes and officers having access to cash are kept to a minimum to reduce the risk of theft. Furthermore, a register of authorised key holders should be kept and maintained at all times, and staff should be aware of the security requirements

4. Accountable Officers should ensure that control and assurance frameworks are in place and that they are tailored to cash handling within their States Bodies.

Requirements

1. Scheme of Delegation

Accountable Officers must operate a documented Scheme of Delegation which segregates duties appropriately for their States Body in respect of cash handling. These duties include custody of the cash, transactions involving cash, reconciliations and reporting of cash flows and balances. The Scheme of Delegation must be submitted to the Treasurer for approval.

2. Securing cash

Cash must be held securely in a locked cash box or safe and appropriately protected at all times. Safes are recommended to be of a Eurograde specification appropriate to the value of cash that is expected to be stored. Security arrangements should be communicated to members of staff as appropriate, and only authorised officers should have access to safes and cash boxes. Cash must not be reconciled or stored within the view of the general public. Cash must never be left loose or unattended to and must not be kept in storage cupboards or desk drawers.

3. Recording cash

Accountable Officers must ensure that all cash is appropriately recorded and reconciled, with swift and appropriate actions to be taken where variances occur. Reporting should be undertaken on a timely basis and in the form prescribed by Treasury and Exchequer.

4. Refunds

Where required, refunds to credit and or debit cards must only be made to the original card used, and not in the form of cash or cash equivalents (such as vouchers).

5. Banking cash

Banking of cash must be undertaken frequently to ensure that the limits for sums insured are not exceeded.

6. Proper usage of cash

Accountable Officers must ensure that cash is not used for personal or private purposes and no advances or loans should be given to any member of staff for such purposes, except in accordance with the requirements of the Lending section of the Public Finances Manual.

7. Anti money laundering

Accountable Officers must ensure that staff within their area of responsibility are aware of the States’ policy.

8. Personal cash

The States’ insurance policy does not cover the loss of personal cash, for example staff collections or lottery syndicates.

Banking

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides guidance on the creation, operation and management of bank accounts belonging to the States of Jersey.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically these include:

  • cash
  • expenditure
  • funds
  • fraud
  • income

Principles

1. The number of bank accounts as well as balances in commercial banks should be kept to the most economic minimum to minimise the risk of idle funds, error, fraud or theft and allowing for ease of reconciliation.

2. Overdrawn balances in bank accounts are not allowed, except by explicit permission from Treasury and Exchequer.

3. States Bodies should take appropriate steps to prevent acts of fraud being committed on their bank accounts and transactions.

4. Banking operations should be regularly reviewed to reassess the objectives, cost and benefits of maintaining the various bank accounts, diversification and exposure to different banks, rate of returns and credit risk.

5. Banking reconciliations should be performed regularly and promptly, and independently reviewed and approved.

6. There should be hierarchical controls on transactions, such as making or reviewing payments, and these duties should all be segregated.

7. These principles also apply to bank accounts used for trust funds and bequest funds, unless these funds specify otherwise.

8. In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • bank accounts are not serving the Strategic Priorities of the States or Government of Jersey for which they were created
  • the States or Government of Jersey is not making the best possible use of balances held in bank accounts to enhance returns
  • the States or Government of Jersey’s bank accounts are used to carry out money laundering activities
  • the banking arrangements are not efficient or effective and creates inefficiencies in reconciliations, reporting and the use of funds
  • bank accounts are operated on terms which are not competitive
  • bank accounts are unnecessarily created with a lack of appropriate experience, resulting in avoidable oversights
  • the use of banks is not appropriately diversified

Requirements

1. Treasury approval

Opening and closing of bank accounts must only be undertaken by Treasury and Exchequer, and these should only be with banks registered with the Jersey Financial Services Commission or with banks holding a recognised credit rating and as defined by the States Treasurer.

In limited cases, States Bodies can request that Treasury and Exchequer open or alter a bank account. Such requests should demonstrate the value to the States of Jersey and explain why the purpose cannot be achieved through the use of existing bank accounts.

The Minister for Treasury and Resources can arrange a bank overdraft or overdraft facility (the value of all overdrafts or overdraft facilities cannot exceed 25% of the estimated income of the States derived from taxes and duties during the previous financial year).

2. Frameworks

Each States Body should establish and maintain a suitable framework for monitoring and control of its cash balances and its transmission of funds. The framework should cover, but is not limited to the following:

  • the bank accounts operated within the States Body, their purposes, terms (which should be as approved by Treasury and Exchequer) and justification for continuation
  • how the different bank accounts are operated, including details such as the acceptable methods of payment
  • how the risk of error and fraud are to be managed and prevented
  • record keeping, reconciliation and review of bank accounts
  • key personnel and authorisation

Specific charges for money transmission and other banking services for States Bodies should be subject to negotiation by the States Treasurer. This ensures that costs are transparent and assists in making comparisons between service providers in order to attain the best terms possible, in line with the overriding principle of best value.

3. Scheme of Delegation

Accountable Officers must operate a documented Scheme of Delegation, which segregates duties appropriately for their States Body in respect of bank accounts. These duties include the recording, reconciliation and reporting of bank balances. The Scheme of Delegation must be submitted to the States Treasurer for approval.

4. Transmitting funds

States Bodies should adopt the most economical, secure and quickest means of transmitting funds or operating their bank accounts. Examples generally include the use of internal transfers, electronic methods and cards. However, on a case by case basis, consideration should be given to security and the need to obtain best value for the States of Jersey. As much as possible, transmission of funds should not be done using cash, cheques, order books or other similar methods involving high security risk.

5. Bank reconciliations and reporting

Accountable Officers must ensure that reconciliation is carried out on all bank accounts, (at least monthly for those accounts which have more than 10 transactions per month otherwise on a quarterly basis), with appropriate actions to be taken where discrepancies are recorded. This should be reported on a timely basis and in the format and frequency prescribed by Treasury and Exchequer. As a general rule reconciling discrepancies should be cleared within one month.

6. Bank account reviews

Periodic reviews must also be conducted, at least annually, on all bank accounts maintained to determine the exposure of the States to individual banks, the rate of returns being obtained and their credit risk. In addition, to ensure that they are being used solely and efficiently for their authorised purposes. The outcome of these reviews should be reported to States Treasurer. Dormant or unauthorised accounts identified by these reviews must be closed immediately.

7. Overdrafts

Bank accounts are not permitted to be overdrawn without the express permission of Treasury and Exchequer. If any bank account, including those administered by Treasury and Exchequer, becomes overdrawn the negative balance must, as far as possible, be cleared by the end of the next working day by the transfer or deposit of funds. If it’s not possible to address a negative balance the States Treasurer must be notified.

Foreign currency

Introduction and background

This section applies to all States Bodies as defined under the Public Finances Law and provides guidance on the planning and undertaking of financial transactions in any foreign currency. The States of Jersey has receipts and payments in foreign currency, which could be regular or occasional in nature. In addition some States Bodies may have overseas operations which give rise to longer term foreign currency exposures. This section sets out the principles for the management of these cash flows and exposures.

The aim of this section is to provide guidance as to how to insulate the States of Jersey, as far as practically possible, from the material adverse impact of foreign exchange movements on its receipts and payments. Additionally, it is also designed to aggregate the overall impact of various expenditure and income so that these can be offset against each other and the net cash flows appropriately managed.

Foreign exchange movements can be favourable or unfavourable, and on small transactions will have a negligible impact on the States of Jersey's finances. This section, therefore, focuses primarily on larger transactions. However, the classification of transactions into small and large will be different for each States Body.

It is also important to note that the States of Jersey will make gains and losses on foreign currency in the normal course of business which will be reported in the financial statements.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • Arm’s Length Organisations
  • expenditure
  • income
  • investments
  • major projects

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include:

  • the States or Government of Jersey could be vulnerable to sudden weakness in Sterling relative to other currencies
  • the States or Government of Jersey may be incurring higher than necessary transaction costs for foreign currency transactions
  • the States or Government of Jersey may be over exposed to currency transactions if holdings are not at an optimum level
  • States Bodies may be undertaking transactions in foreign currency to the disadvantage of, or detriment to, the States or Government of Jersey
  • the States Treasury and Exchequer may have incorrect or insufficient documentation of foreign currency exposures
  • the levels of foreign currency or positions taken are insufficient to meet foreign currency obligations, resulting in losses or additional costs to the States or Government of Jersey
  • the States or Government of Jersey incurs costs in hedging foreign currency exposure that are excessive in comparison with the exposure itself
  • overseas operations may accumulate significant foreign currency reserves exposing them to operational risk in the event of currency fluctuations

Principles

1. Foreign currency transactions should only be entered into where they represent best value for money to the States.

2. Where possible, foreign currency receipts should be matched with payments to reduce exposure to foreign currency fluctuations.

3. Where matching is not feasible, other means of managing foreign currency transaction risk (hedging) should be considered. Only the States Treasurer can be authorised to enter into hedging arrangements.

4. Wherever possible foreign currency transactions should be dealt with through cash balances in Euros (€) and US Dollars ($) held by the States Treasurer.

5. Foreign currency obligations and transactions as well as balances on foreign currency accounts should be monitored by the States Treasurer on a regular basis, at least monthly. 

6. Where States Bodies have overseas operations, Accountable Officers should give consideration to the most appropriate way to manage longer term foreign exchange exposure arising from the operations, seeking advice from Treasury and Exchequer.

Requirements

1. Duties of Accountable Officers

Accountable Officers are responsible for:

  • submitting details of planned foreign currency receipts and payments in excess of £50,000 to Treasury and Exchequer when requested as part of the financial planning cycle and as soon as any likely additional payments above this value become known
  • informing Treasury and Exchequer, in writing, as soon as they become aware of any unplanned foreign currency receipts or payments greater than £50,000
  • notwithstanding the amount stated above, States Bodies should apply these requirements to transactions which are individually, or on an aggregate basis, material to their operations
  • regardless of the amount, ensuring that all foreign currency payments are clearly identified as such when requesting payment to be processed by Treasury and Exchequer
  • ensuring that sufficient approvals are in place relating to the income or expenditure and its total sterling value, and that the expenditure is proper and represents good value for money
  • providing a quarterly estimate of foreign currency requirements to Treasury and Exchequer

2. Hedging

The Minister for Treasury and Resources is responsible for deciding whether to hedge foreign currency transactions. The Minister for Treasury and Resources can delegate the decision to enter into hedging transactions to an Assistant Minister or an Accountable Officer. The States Treasurer is responsible for entering into hedging arrangements in accordance with this section and the decisions of the Minister for Treasury and Resources.

3. Reporting hedging

The States Treasurer must:

  • prepare an Aggregated Foreign Currency Cash Flow for consideration by the Treasury Advisory Panel
  • inform Accountable Officers of hedging arrangements

4. Treasury Advisory Panel responsibilities hedging

The Treasury Advisory Panel should:

  • consider and decide on hedging arrangements based on the Aggregated Foreign Currency Cash Flow provided
  • determine the most appropriate form(s) of hedging based on individual and aggregated planned cash flows

5. States Treasurer responsibilities

The States Treasurer must:

  • if hedging appears to be an appropriate option, refer such receipts or payments to the Treasury Advisory Panel, who will advise upon appropriate hedging arrangements
  • require the foreign currency receipts or payments to be translated into Pound Sterling (£) on the day of receipt or payment if they are not covered by a hedging arrangement
  • require the receipt or payment to be paid into or from an account specified by Treasury and Exchequer
  • inform the Accountable Officer of the appropriate action required

6. Minor Foreign Currency Receipts and Payments

Where relatively small foreign currency transactions occur (i.e. less than £50,000) the transaction will not routinely be hedged(unless the amount forms part of a series of smaller transactions which when totalled meet the £50,000 threshold), and the Accountable Officer need not inform the States Treasurer in advance of this type of foreign currency expenditure. Minor receipts and payments in Euros and US Dollars must be processed through foreign currency accounts. Minor transactions in other currencies must be translated at the time of the Transaction.

7. Cash Management

  • all currency receipts, unless hedged, must be changed into Sterling upon receipt, unless the States Treasurer believes that such currencies are likely to be needed for payments in the near future. All currency payments, not hedged, must be translated from Sterling into the relevant currency prior to the payment being made
  • Accountable Officers must report to Treasury and Exchequer their expected foreign currency transactions at the beginning of each quarter in order that the overall foreign currency requirements can be considered
  • the States Treasurer must:
    • monitor the balances on the foreign currency accounts and report them to the Treasury Advisory Panel at least quarterly
    • maintain foreign currency accounts in (as a minimum) US Dollars and Euros
  • the Treasury Advisory Panel should consider the level of foreign currency holdings and the timing of translation to Sterling

8. Costs

Costs, and gains associated with foreign exchange translation and hedging arrangements associated with a transaction must be borne by or attributed to the States Body (States Fund or Trust Fund) undertaking the transaction.

9. Accounting and budgeting

Accounting for foreign currency transactions must be undertaken in accordance with the Jersey Financial Reporting Manual. The States Treasurer must inform Heads of Finance Business Partnering of the exchange rate to be used in budgeting foreign currency income and expenditure as part of the Government Plan process. The exchange rate applied to un hedged foreign currency transactions for the purposes of calculating the relevant Sterling cost to the relevant budget must be determined by the States Treasurer by reference to current exchange rates and States of Jersey accounting policies. Gains and losses made on foreign exchange must be reported in the States of Jersey annual financial statements.

10. Overseas operations

Accountable Officers responsible for overseas operations should consider foreign exchange exposures as part of their overall strategy for those operations, consulting Treasury and Exchequer for advice if necessary. In particular consideration should be given to whether matching payments and receipts in the same currency provides sufficient mitigation for the exposure or whether additional hedging should be considered. Advices should be sought from Treasury and Exchequer.

Expenditure

Expenditure and procurement

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and applies to all expenditure made by Accountable Officers of States Bodies, or on their behalf. The principles should be applied to all public expenditure by any person authorised by an Accountable Officer to undertake that expenditure.

This section excludes Benefit Payments. However, such payments should be appropriately documented. It also excludes the following, which will be subject to separate, specific guidelines:

  • depreciation (see Annual Financial Statements)
  • impairments, losses and write offs (see Losses and Write offs)
  • finance charges (see Financing)
  • special payments (see Special Payments)
  • grants (see Grants)
  • payments to staff (other than expenses) (see relevant Human Resources guidelines)

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically these include:

  • major Projects

Additional guidance can be found in:

  • Procurement Best Practice Procedures Toolkit (within Supporting documents)
  • Travel Policy (within Supporting documents)
  • Policy on the use of Consultants

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks associated with the goods, works or services being procured include:

  • expenditure is not properly authorised
  • purchases are made which either do not represent good value for money or fail to leverage the States or Government of Jersey’s buying power
  • expenditure is considered irregular i.e. is not spent for the purposes intended 
  • the States or Government of Jersey does not demonstrate sufficient adherence to International Agreements related to Procurement and expenditure that the States or Government of Jersey is party to or compliance to our anti-corruption practices
  • the States or Government of Jersey’s reputation may be compromised as a result of poor procurement practice and weak governance arrangements
  • the competition process and subsequent contract award is not open, fair or transparent or could be at risk of legal challenge
  • contract terms and conditions do not provide adequate protection to the States or Government of Jersey
  • service and performance targets are not adequately defined
  • there is inconsistent application of controls and performance management of suppliers across the States and Government of Jersey
  • goods, works and/or services are paid for more than once in error
  • expenses claims are inadequately evidenced or are paid more than once in error
  • States or Government of Jersey employees are not protected from unwarranted criticism from not following due process, best practice guidance or adherence to principles
  • expenditure is incorrectly recorded
Breaches and Exemptions relating to Expenditure and Procurement must be approved by the Group Director, Commercial Services or delegate (using the on-line Breaches and Exemption process). For clarity where this section stipulates “must” then the instruction must be followed unless an exemption has been approved by the Group Director, Commercial Services (or delegate). If a mandatory requirement has not been followed, and an exemption was not obtained in advance, then a breach must be formally recorded and noted by the Group Director, Commercial Services. Where the word “should” is used, it is expected that this approach is taken. In the latter instances, departments must record and retain evidence where an alternative approach is taken but there is no need to formally record a breach.

Principles

1. All expenditure should be incurred in accordance with the Scheme of Delegation.

2. All expenditure should be furthering the Strategic Priorities for which the funding was allocated by the States Assembly.

3. Accountable Officers should primarily seek to obtain value for money at all times.

4. Accountable Officers should ensure that all procurement processes are open, fair transparent and follow the requirements of all international obligations applicable to the Government of Jersey.

5. All expenditure should be appropriately authorised, recorded and coded.

6. All expenditure should be approved in advance of goods, works and/or services being received, utilising approved States and/or Government of Jersey systems, and payments should only be made when the supplier has been fully on-boarded and in advance of receiving the goods, works and/or service without prior approval.

7. All expenditure should be subject to segregation of duties control i.e. no one officer should be able to raise an order, receipt the goods, works and/or services received and approve payment of the invoice.

8. Commitments to incur expenditure should have sufficient approvals in advance to be able to meet those commitments (except as permitted by the Long-term Contractual Agreements or Pre-Orders paragraphs in this Section).

Requirements

1. Scheme of Delegation

Accountable Officers must document and operate a Scheme of Delegation for their States Body which segregates duties as appropriate for authorisation relating to expenditure transactions. The Scheme of Delegation must also specify who is able to sign contracts. The Scheme of Delegation must be submitted to the Treasurer for approval.

2. Corporate procurement contracts

Corporate procurement contracts must be used unless an exception is documented within the Scheme of Delegation and approval (by exemption) has been obtained from the Group Director, Commercial Services (an Exemption should be recorded in the online system). In the case of a genuine emergency, these incidences must be documented and the Group Director, Commercial Services advised as soon as possible afterwards.

3. Procurement system

The approved Government and/or States of Jersey procurement system must be used to manage purchasing of goods, works and/or services, except where alternative approaches have been approved by the Group Director Commercial Services through an exemption (an Exemption should be recorded in the online system).

4. Expenditure controls

Accountable Officers must ensure that there are appropriate controls in place over the expenditure process to ensure effectiveness and efficiency. These should include matching vendor invoices to the purchasing instrument (e.g. purchase order) and receipt before any payment is made as well as segregation of duties.

5. Expenditure authorisation

Certain expenditure may require specific authorisation in addition to that required by the Scheme of Delegation. This includes but is not limited to:

  • any vehicle purchase that is being considered that hasn’t already been agreed with Jersey Fleet Management
  • any IT purchase being considered that needs to connect to the Modernisation and Digital or Police networks or equipment which hasn’t already been agreed by the Group Director Modernisation and Digital or the Head of Police IT as appropriate
  • any legal services required that have not been authorised with the Practice Director of the Law Officers’ Department
  • major projects (as defined in the Major Projects section)

In general, it may be appropriate to seek specific authorisation where the expenditure impacts on the activities of another States Body.

6. Lease agreements

Approval by the States Treasurer must be obtained before entering into any finance lease agreement.

7. Long term contractual agreements

In the case of contractual arrangements where the obligation to pay extends beyond the end of the current Government Plan period, other than contractual staff expenditure, Major Projects or Leases, the States Body concerned must obtain approval from Treasury and Exchequer before entering into any such arrangement. Care should be taken where the future source of funding is uncertain e.g. for new initiatives, or where the ability to pay depends upon the future generation of income. The Government Plan will include three years’ worth of indicative expenditure, providing a reasonable indication as to the levels of funding available over the time period.

8. Payments in advance of receipt

Payment must not be made in advance of receipt of goods, works and/or services, except where this is a normal condition for the goods, works and/or services being ordered (for example, subscriptions to magazines and periodicals, conference and course fees). If there is doubt about whether this is a normal condition, Commercial Services should be contacted. Exceptions may be made where advance payment represents good value for money e.g. early payment discounts. Such exceptions will require approval by the Group Director, Commercial Services except where the States Body’s Scheme of Delegation requires otherwise.

9. Payments after receipt

Where it is possible to pay after receipt, States Bodies should process purchases of goods, works and/or services in the appropriate financial period.

10. Online purchases

When purchases are being made via the internet, Accountable Officers should ensure that States of Jersey Information Technology security policies are followed including the use of secure checkouts.

11. Goods and Services Tax

Goods and Services Tax and other sales taxes, such as Value Added Tax, should only be paid where legally required.

12. Pre-orders

It may be necessary or expedient for a States Body to order goods, works and/or services towards the end of a financial year for which no provision has been made in that year’s budget allocation. For example, by pre ordering a better price or discount can be achieved or continuance in service provision is ensured. This type of pre ordering is permissible under the Public Finances Law provided that the goods, works and/or services are neither received nor paid for until the following financial year and the expenditure is included in the indicative budget for the following year as agreed in the Government Plan.

13. Purchase cards

Accountable Officers should ensure that Purchase Cards are used in accordance with the guidelines outlined in the Purchase card procedures (within Supporting documents).

14. Achieving value for money

Expenditure must be undertaken in accordance with the Procurement Best Practice Procedures Toolkit (including putting contracts out to tender according to the criteria set out in the Toolkit) unless an exemption has been approved (an Exemption should be recorded in the online system).

15. Travel

All travel should be booked and undertaken in accordance with the Travel Policy (within Supporting documents).

16. Consultants

All expenditure on consultants must comply with the Procurement Procedure Policy (see Supporting Documents), and any other policy issued under this Manual on the use of Consultants, as well as this section of the Manual. All reports from consultants and other third parties that are not considered exempt under Freedom of Information legislation must be published on www.gov.je as soon as is practical after their receipt.

17. Capitalisation of assets

All purchases of assets for more than £10,000 must be accounted for as capital and the asset added to the asset register.

18. Sufficient budget to commit expenditure

Before any commitment is entered into to incur expenditure Accountable Officers must ensure they have sufficient assurance of expenditure approvals to be able to meet those commitments (additional expenditure can be funded via additional income where relevant approvals have been granted). This assurance can take one or more of the following forms:

  • flexibility to reprioritize or make savings within an existing approved head of expenditure. Accountable Officers must ensure that reprioritization or savings meet the regularity test (i.e. that the new expenditure still falls within the purposes for which the States Assembly approved the expenditure) and:
    • where funding has specifically been allocated in a Government Plan for a defined purpose, any change of use will require an MD from the Minister for Treasury and Resources
    • any other funding (i.e. "base" budget) can be reallocated within a head of expenditure provided that the new purpose is within the remit of the Minister, Accountable Officer or Department and subject to reporting requirements to Treasury and Exchequer for internal transfers as already set out in the PFM
  • signed decision of the Minister for Treasury and Resources or Treasurer of the States to allocate additional funding
  • letter of comfort from the Minister for Treasury and Resources or Treasurer of the States confirming that additional funding will be allocated in that financial year should it appear that the approved head of expenditure will be exceeded

For the avoidance of doubt, it cannot be assumed that any commitments entered into without this assurance will be met by additional funding allocations by the Minister for Treasury and Resources or Treasurer of the States. If the Principal Accountable Officer or an Accountable Officer allows a head of expenditure to be exceeded without gaining sufficient assurance as to the availability of additional funding the Public Finances (Jersey) Law 2019 will have been breached by the Principal Accountable Officer/Accountable Officer, with any excess expenditure open to being identified as irregular and ultra vires by auditors.

Accountable Officers must not commit expenditure beyond the current financial year without the express agreement of the Treasurer of the States except as permitted by the Long-term Contractual Agreements or Pre Orders paragraphs above.

19. Approved Business cases

Requests for additional funding over and above heads of expenditure approved in the Government Plan of more than £100,000 must be supported by a business case approved by Treasury and Exchequer unless an alternative approval method is set out in the Procedures for allocations from the Reserve published by the Minister for Treasury and Resources or otherwise agreed by the Minister.

20. Recovery of departmental income

An Accountable Officer must ensure that heads of expenditure approved by the States or supplemented by the Minister for Treasury and Resources are not exceeded and if estimated income levels are not achieved that there is a corresponding reduction in expenditure. In exceptional circumstances and where all other funding options have been exhausted a submission may be made for funding from the Reserve head of expenditure as detailed in the Section on this.

Use of additional income over and above that approved in a Government Plan must be authorised by the Minister of Treasury and Resources (or delegate) in line with the Public Finances (Jersey) Law 2019.

Arm’s Length Organisations

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and all States Funds created in accordance with the Public Finances Law. It provides advice and guidance on their interactions with Arm’s Length Organisations. This section does not apply where the financial relationship between the Government and/or States of Jersey and an external organisation is on a contractual basis. This section does not apply to Grants to organisations (see Grants and Sponsorship section).

The public service provides an increasing range of services both through the traditional ministerial department delivery model and indirectly through other organisations such as Arm’s Length Organisations. Arm’s Length Organisations are typically established by, and either substantially funded or economically dependent on, the States of Jersey. Some Arm’s Length Organisations are given statutory powers to levy charges for services to cover part or all of their expenditure.

The overriding consideration in any Arm’s Length Organisation arrangement is the achievement of the States' Strategic Priorities in the most effective, efficient and economic manner, ensuring the imposition of robust controls over governance including probity and regularity in the use of public funds.

For the purposes of this section, the definition of an ‘Arm’s Length Organisation’ is an organisation substantially funded by, or economically dependent on, the States and/or Government of Jersey which fulfils a role or function the States and/or Government of Jersey would otherwise perform and is bound by a written agreement that governs the relationship.

For guidance purposes the following organisations fall into the definition of an Arm’s Length Organisation for the purposes of the Public Finances Manual. The list may be amended from time to time by the Treasurer of the States (or delegate).

  • Digital Jersey
  • Bureau des Îles Anglo-Normandes
  • Visit Jersey Limited
  • Jersey Sport
  • Jersey Arts Trust
  • Jersey Arts Centre Association
  • Jersey Opera House
  • Jersey Heritage Trust
  • Jersey Product Promotion Limited
  • Channel Islands Brussels Office
  • Government of Jersey London Office
  • Jersey Employment Trust
  • Jersey Finance Limited
  • Jersey Business Limited
  • Jersey Advisory and Conciliation Service
  • Jersey Battle of Flowers
  • Super League Triathlon
  • Association of Jersey Charities
  • Royal Jersey Agricultural and Horticultural Society
  • Jersey Rugby Football Club
  • Jersey Consumer Council
  • Jersey Citizens Advice Bureau

The definition does not extend to organisations which receive funding from the Government or States of Jersey of less than £75,000 per year.

The definition also excludes the following Specified Organisations listed in schedule 2 of the Public Finances Law:

  • Andium Homes Limited and its subsidiaries (if any)
  • Jersey Overseas Aid Commission
  • Jersey Post International Limited and its subsidiaries (if any)
  • JT Group Limited and its subsidiary companies (if any)
  • Ports of Jersey Ltd.
  • States of Jersey Development Company Limited and its subsidiary companies (if any)

Whilst these organisations are required to comply with the principles set out in this section, they are guided by specific arrangements. This includes the ability for the Principal Accountable Officer to appoint and determine the functions of the Accountable Officer for these organisations, and to ensure the propriety and regularity of their finances.

These Specified Organisations also have Memoranda of Understanding (and associated documents) in place, setting out their relationship with the States of Jersey. They should give consideration to whether, where relevant, their own policies and procedures should conform to the requirements of this Manual

Accountable Officers of sponsor departments (i.e. the Government or Non Ministerial department which has the relationship with the Arm’s Length Organisation, and accounts for expenditure on that Arm’s Length Organisation within its head of expenditure) can elect to treat a grant receiving body as an Arm’s Length Organisation and apply the more strict requirements of this section (as compared to the Grants section) even if the body does not meet the full definition of an Arm’s Length Organisation as specified above.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • expenditure
  • funds
  • grants

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include: 

  • Arm’s Length Organisation's service priorities are not fully aligned with corporate and States Bodies’ priorities
  • Arm’s Length Organisations do not represent the most effective mode of service delivery, in terms of value for money against alternative service provision options
  • the business case for an Arm’s Length Organisation is based on inadequate or inaccurate assumptions and not properly evaluated
  • service and performance targets are not adequately defined
  • construction of the Service Level and Funding Agreement is not comprehensive, does not deal with non performance, and does not include the required information requirements and governance issues
  • there is inconsistent application of controls and performance management of Arm’s Length Organisations across the States or Government of Jersey, with inconsistent frequency in performance assessment and absence of commonality in information requirements and documentation
  • oversight from States Bodies of the Arm’s Length Organisation is sub optimal and that inadequate challenges are being applied in the tracking of operational and financial performance management
  • there is a lack of agility in States Bodies’ responses to sub standard Arm’s Length Organisation performance
  • there is inadequate rigour within governance controls covering the management of the relationship between the States or Government of Jersey and Arm’s Length Organisations
  • service delivery risks are not properly managed
  • there is conflict of interest between those representatives of the States or Government of Jersey involved in decision making and Arm’s Length Organisation performance management
  • there is inadequate corporate oversight of Arm’s Length Organisation strategy and performance management
  • Arm’s Length Organisations do not have sufficient understanding of the States’ insurance programme and their own insurance requirements, resulting in their being under insured or incurring excessive and or unnecessary premiums

Principles

1. All Arm’s Length Organisation activity should contribute towards the strategic priorities of the States of Jersey and optimise independence, flexibility, skills and funding capability associated with Arm’s Length Organisation based provision.

2. Service delivery should be aligned to the priorities of the States of Jersey and the sponsor department.

3. The merits of establishing a relationship with an Arm’s Length Organisation should be well defined and based on robust assumptions.

4. Sponsor departments should exercise a risk based approach to assurance, governance and the oversight of operational and financial performance. 

5. There should be a consistent approach to the utilisation of Arm’s Length Organisations across the States of Jersey and a continuous challenge required on both the Arm’s Length Organisation performance and the utilisation of Arm’s Length Organisations as representing the most optimal mode of service delivery against viable alternative options.

Requirements

1. Accountable Officers

There must be an Accountable Officer responsible for each Arm’s Length Organisation (normally the Accountable Officer for the department funding the Arm’s Length Organisation, the Principal Accountable Officer will have ultimate responsibility for appointing an Accountable Officer) who will ensure accountability for the use of resources and that the States' Strategic Priorities in relation to the Arm’s Length Organisation are achieved. The responsibilities and interaction with the Accountable Officer of the sponsoring States Body, and other guidelines on Accountable Officers for Arm’s Length Organisations are covered in the Accountable Officers section.

2. Creation of an Arm’s Length Organisation

The Accountable Officer for the States Body must prepare a business case for consideration by the States Assembly for any new Arm’s Length Organisation. Any assumptions contained within the business case must be robust and provide evidence that creation of an Arm’s Length Organisation provides the most advantageous position over other existing methods of service provision in terms of value for money.

3. Checks and reporting

The Accountable Officer must have documented arrangements in place that include:

  • a six monthly assessment of operational and financial performance. This should focus on the aims and priorities of the Arm’s Length Organisation and how these are being met, whether the standards set by the States of Jersey have been met, other key performance measures and targets and (where applicable) disclosure of future Arm’s Length Organisation planning initiatives and how they are likely to impact upon the achievement of the States of Jersey’s corporate and States Bodies’ priorities. The Accountable Officer’s review should also consider issues of efficiency, including the potential for efficiency savings, and make relevant recommendations. They should examine whether the Arm’s Length Organisation could provide better value for money, including where appropriate, the organisation’s contribution to economic growth. A pragmatic and risk based approach should be adopted in meeting this requirement, with consideration given to the size of the Arm’s Length Organisation and the nature of its activities.
  • an annual assessment, that each relevant Arm’s Length Organisation under the States Body’s oversight remains the optimal route to service delivery given current and or expected performance against alternative modes. When assessing whether an Arm’s Length Organisation remains the optimal route to service delivery, an Accountable Officer should give specific consideration to the following:
    • does the Arm’s Length Organisation perform a technical function, which requires external expertise to deliver?
    • does the Arm’s Length Organisation perform a function which needs to be, and be seen to be, delivered with absolute political impartiality?
    • does the Arm’s Length Organisation perform a function that needs to be delivered independently of ministers to establish facts and or figures with integrity?

The six monthly and annual assessments must be carried out in sufficient time to enable the relevant Accountable Officer approving the grant to be provided with the results of the assessments. Where the Accountable Officer has concerns these should be brought to the attention of the relevant Minister or Treasurer (for the Non Ministerial Departments) and discussed prior to the Accountable Officer deciding whether the next grant payment should be approved.

4. Documentation

The Accountable Officer must ensure that there is a written agreement governing the relationship with each Arm’s Length Organisation for which they are accountable, which contains robust controls and specific service measures to enable rigorous and effective performance management. Agreements must be considered at least annually and either revised or confirmed.

5. Further considerations

In normal instances and depending on the size and risk associated with the Arm’s Length Organisation, the Accountable Officer should consider:

  • ensuring that, wherever possible, officers involved in developing policy with an Arm’s Length Organisation are different from those tasked with monitoring the relationship with the Arm’s Length Organisation
  • ensuring that suitable sanctions can be put in place for non or sub standard performance including the withdrawal of funding and that suitable alternative service provision options are available to be activated if required
  • ensuring the effective management of risks associated with Arm’s Length Organisation service delivery and relationship management
  • ensuring that States Member or Government officer membership of the Arm’s Length Organisation Board (if applicable) is defined in line with relevant Government of Jersey policies
  • ensuring that no Accountable Officer shall be a member of any Arm’s Length Organisation Board (if applicable) or decision making forum within an Arm’s Length Organisation
  • certifying that effective arrangements are in place for compliance with the requirements of this section on an annual basis

In those instances where an Arm’s Length Organisation is established by an Act of the States, the Accountable Officer has the same responsibilities as an Accountable Officer for a States body.

6. Corporate oversight

Accountable Officers must provide any information requested by an officer or group exercising corporate oversight when requested, and in the form requested.

Major, strategic and other projects

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and provides guidance and requirements to be followed for projects, including Major projects, as designated in the Government Plan and strategic projects as defined by the Corporate Portfolio Management Office.

A Major project is defined in the Public Finances (Jersey) Law 2019 as:

  • a major capital project (defined as a project which results in the creation of an asset which will be held on the States of Jersey’s balance sheet) the duration of which, from start to finish, is planned to be of more than one year with a total estimated cost of more than £5 million; or
  • a project that has been designated as a major project in an approved government plan.

The total funding for a Major Project must be approved as part of the Government Plan process before a Major Project can be commenced. Annual cash allocations to reflect the agreed spending profile for the Major Project then need to be agreed as part of the relevant Government Plan.

A Strategic project is defined as a project which satisfies two or more of the following criteria:

  • is of significant strategic value, in that it will deliver transformative outcomes for, or mitigate significant risks to the States of Jersey and/or the Island’s economy or community
  • has a total estimated cost of more than £2 million 
  • is highly complex to deliver due to operational, technical, stakeholder or other delivery complexities
  • carries risks of a community or corporate risk level (as defined by Enterprise Risk Management).

Where projects are grouped together under one head of expenditure departments are expected to follow the required process for each project.

This Section does not apply to the purchase of new/replacement equipment which must follow normal procurement processes.

It is also expected that States Bodies follow the principles and requirements of this section for those projects included in Departmental Business Plans. For the purpose of this section of the Manual, the word ‘Project’ covers both projects and programmes.

Major and strategic projects represent those projects with the most significant expenditure, strategic alignment, risk and complexity. Other projects, which are not major or strategic are defined as either key or local to a department. These projects tend to be less complex and risky in nature and follow a reduced requirement for governance and control as set out in the Project Delivery Framework (within the Manual’s Supporting document – Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects).

The purpose of this Section is to provide States Bodies with guiding principles and requirements for the control of all projects. These principles and requirements are not exhaustive but indicate some of the most pertinent points relating to project delivery and signpost to required standards and frameworks which are applicable to all projects.

Any departure from the requirements set out in this section will require the approval of the Treasurer of the States. Deviations from the appropriate Project Delivery Framework ((within the Manual’s Supporting document – Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects) will require an exemption, and the approval of the Head of Corporate Portfolio Management Office and the Chief Operating Officer. (Where the Chief Operating Officer is the Accountable Officer for a project any deviations will need to be approved by the Treasurer of the States and vice versa).

It is recommended that where a project is funded from a States grant to an Arm’s Length Body full consideration is given to including appropriate references to this Section of the Manual in the relevant grant agreements.

All projects must be accounted for in accordance with the Jersey Financial Reporting Manual, and the capital cost elements of such projects must follow the requirements of the Capital Accounting Manual.

Users of this section should refer to other sections of the Public Finances Manual that are relevant including:

  • financing
  • Government Plan and budgeting
  • expenditure and procurement
  • Our Hospital Project – Risk Allocation.
  • funds
  • internal audit
  • losses and write offs
  • acceptance of gifts and hospitality

Additional guidance can be found within the following documents:

  • Procurement Best Practice Procedures Toolkit (within Supporting documents)
  • Policy on the use of consultants
  • Retention of Financial documents
  • Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include: 

  • the cost of projects is not controlled
  • projects are not delivered on time and/or to the required level of quality
  • projects are not appropriately selected, authorised and/or managed
  • the States’ reputation may be compromised as a result of poor procurement practice and weak governance arrangements
  • the States do not demonstrate sufficient adherence to International Agreements related to Procurement and expenditure that the States or Government of Jersey is party to or compliance with our anti-corruption practices
  • the States do not adhere to the use of ethical supply chain principles
  • the competition process and subsequent contract award is not open, fair or transparent or could be at risk of legal challenge
  • States or Government of Jersey employees are not protected from unwarranted criticism from not following due process, best practice guidance or adherence to principles
  • contract terms and conditions do not provide adequate protection to the States or Government of Jersey
  • expenditure is not properly authorised
  • purchases are made which do not represent good value for money or leverage the States or Government of Jersey’s purchasing power

Principles

1. Outcome based projects: All projects should be outcome based and be supported by a business case, in line with Treasury and Exchequer guidance. This should set out tangible deliverables and measurable benefits with a well-considered plan for the realisation of these benefits which considers both funding and other resources required to deliver.

2. Effective project selection : The selection process for projects should consider the viability of successful delivery and constraints on such delivery including both internal and external factors.

3. Clearly defined accountability : Responsibilities and accountabilities for projects should be appropriately and transparently authorised and recorded with the appropriate segregation of responsibilities. Where both a Sponsoring and Supplying States Body are involved, the relevant responsibilities should be clearly defined and agreed at the outset. It should be clear from the outset who has responsibility for signing contracts including, where appropriate, delegations from the appropriate Minister to cover contract signing.

4. Realistic and thorough planning : Time should be invested up-front to develop realistic and suitably thorough plans taking into consideration the need for contingency planning and an awareness of optimism bias in delivery. This should align to levels of planning required at each stage in the business case process.

5. Project resource and skills planning : Projects should plan ahead for the diversity of people, skills and experience needed to deliver and build a strong, properly resourced and competent team, evolving as necessary through the project lifecycle.

6. Regular project reporting : There should be regular project reporting on performance and Senior Responsible Officers should challenge assumptions made, and the accuracy of data presented to ascertain whether the project still represents value for money against the approved business case.

7. Project risk management : The risk and complexity of a project should be reduced where possible, and where this is not possible, plans should be developed which are realistic and responsive to unexpected events. Any variations to budgets should be appropriately and transparently authorised and recorded.

8. Project dependency management : Internal and external dependencies should be identified, assessed, and managed throughout the lifecycle of a project. 

9. Subject matter expertise : Projects should co-ordinate with relevant internal functions to ensure subject matter expertise is sought both in the planning stages and throughout delivery of the project. The Project Governance Framework (within the Manual’s Supporting document Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects) and supporting guidance provides an overview of such functions and indicative criteria for their level of engagement.

10. Project commercial management : Those responsible for delivering projects should build a clear understanding of user needs, the business case and delivery models, consider the whole supply chain (in terms of market appetite, capacity and capability).

11. Stakeholder Engagement and Communication : Appropriate stakeholder engagement, consultation and communication should take place throughout the development of a project to ensure that it meets the end users’ needs.

12. Lessons learned : Lessons learned from other similar projects should be sought at the outset of a project and used to inform the planning and delivery of the project.

13. Consultation : If a project has a sponsoring (client) and supplying (delivery) department it is important that the client department is consulted by the delivery department on a regularised basis.

Requirements

1. Appointment of a lead minister

To ensure that projects are delivered as efficiently and economically as possible, a lead minister must be assigned for each project which falls within the remit of this section of the Public Finances Manual and before the project enters the first stage gate of the Corporate Portfolio Management Office’s processes.

The Chief Minister will be responsible for updating the States Assembly on projects led by a non-Ministerial States Body, where there is no other political lead.

2. Accountability for project delivery

Accountability for project delivery under this Section is assigned to an Accountable Officer by the Principal Accountable Officer, other than within non-Ministerial States bodies, where the Chief Officer of the body in control of the project budget holds accountability for project delivery.

An Accountable Officer is responsible for assigning a Senior Responsible Officer(s) to oversee the successful delivery of a project and its associated outcomes. A Senior Responsible Officer must be assigned to every funded project. The Accountable Officer may decide to act as the Senior Responsible Officer, and if so, this must be confirmed and documented before commencement of the project.

3. Compliance with Delivery Frameworks

All projects must comply with the Project Delivery Framework, Programme Delivery Framework or Capital Delivery Framework (as appropriate) (within the Manual’s Supporting document Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects) except where an exemption has been approved in accordance with these frameworks.

These are stage gated frameworks which include mandatory documentation which must be completed to ensure there are good controls in place and to provide assurance of delivery. The Corporate Portfolio Management Office must sign off projects before they are able to proceed to the next stage.

The Accountable Officer must ensure that the required documentation is signed off by the appropriate officer (which in most cases will be the Senior Responsible Officer) before the project proceeds to the next stage.

Projects which entered the process prior to May 2021 are not required to gain retrospective approval to documentation.

Where a project involves a number of smaller projects which would not in themselves meet the definition of a Major/Strategic project (i.e., Infrastructure Rolling Vote) these will not be expected to fully comply with the Project Delivery Framework.

4. Project governance

An Accountable Officer must put in place, and document, appropriate project governance structures and the Project Governance Framework (within the Manual’s Supporting document – Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects) should be used to guide the definition of such structures. Where a Supplying States Body is required to deliver all or part of a project’s deliverables, this body must be formally engaged and consulted as early in the project lifecycle as possible.

5. Project expenditure

All project expenditure must be appropriately authorised, recorded and coded. The use of any contingency amounts, which are included in the main budget for a project, must be approved in line with the Scheme of Delegation and must be expenditure related to the approved project (as approved in the business case).

Any proposed expenditure of contingency for non-approved scope must be met from within the overall budget set for the Project. (Additional processes have been set for the Our Hospital Project: Risk Allocation).

If at any time it appears that the total approved budget, or the annual approved cash allocation for a specific year, for a project may be exceeded, the relevant Accountable Officer, Project Board and lead Minister must be informed at the earliest opportunity and discussion of remedial action must be recorded. 

6. Project performance and reporting

Project performance must be reported upon monthly (at a minimum) via the States of Jersey approved project reporting tool.

Where a Major project is made up of a number of smaller initiatives which would not in themselves meet the definition of a project, reporting need only be at the Major project level.

7. Project resourcing

Accountable Officers must ensure that all projects which fall under this Section are appropriately resourced to enable their successful delivery and compliance with the requirements as set out in this section.

Accountable Officer must also ensure that resource requirements, financial and non-financial, for completed projects are identified. These requirements must be reflected in future Government Plans as appropriate.

8. Transparent execution

Projects must be progressed in a transparent manner with regular reports to the States Assembly on progress through inclusion of the appropriate narrative in the Six-Monthly Review and the Annual Report and Accounts (as applicable).

9. Project management

All projects which fall under this Section must include adequate funding to cover all costs associated with the management of the project. Where purchasing is required, the selection of suppliers must follow the requirements of the Expenditure and Procurement section of the Manual. Accountability for the management of suppliers and associated contracts must be agreed and funded for the life of the project.

An Accountable Offer is required to ensure that there is robust system of contract management if any third party is engaged. This will include ensuring that appropriate security is taken (for example in the form of a performance bond or bank guarantee) to protect the States in the event of contractor non-performance.

If there is to be any change in the responsibility for the completed project this must be agreed before project completion.

10. Subject Matter Expertise

An Accountable Officer must consider the need for subject matter expertise (both internal and external) and input from support functions when defining their project governance structure and define a clear plan for the engagement of such expertise at the planning stages of the project. This plan should be periodically reviewed and revised throughout the life of the project. Before engaging external expertise, Accountable Officers must identify and verify the availability of the information necessary to support the work of such external parties and the nature, extent and timing of the engagement.

11. Stakeholder Engagement and Communication

Project plans must establish and implement defined plans for stakeholder communication, consultation and engagement.

12. Internal audit

All project information and documentation requested by the Internal Auditor must be provided in a timely manner with project documentation maintained for inspection and retained in line with document retention periods. 

Every Major and Strategic Project will be subject to an internal audit during the life of the project and other projects may be assessed as required. Further information on the role of the Internal Auditor can be found in the section on Internal Audit.

13. Project abandonment

A decision to abandon a project must only be made by the Council of Ministers and full documentation must be prepared to support such a course of action.

Where the decision is taken to abandon a Project, the Project Manager must conduct a review of the Project within 3 months of the date of abandonment and this report must be approved by the Project Board and presented to the Sponsoring States Body, copied to the Treasurer of the States (for all departments) and Principal Accountable Officer (for Government departments).

Where a project is abandoned, the costs incurred to date must be properly accounted for. The relevant Accountable Officer must refer to the losses and write off and special payments sections of the Manual.

14. Insurance

Accountable Officers must ensure that insurance requirements are considered and consulted upon with the insurance team prior to the progression of any project where insurance cover is required. Given the complex nature of Major and Strategic projects, it is recommended that this is undertaken prior to the completion of Stage gate 1 (as per the Project Delivery Framework : within the Manual’s Supporting document – Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects). Accountable Officers must also ensure that any proposed contractor carries sufficient professional indemnity insurance and public liability cover. Insurance cover and indemnity levels must be agreed as part of the tender process and award of contract. Contractors must be appointed in accordance with the States of Jersey’s Procurement Best Practice Procedures Toolkit (within Supporting documents).

15. Risk Identification and management

An Accountable Officer must ensure that potential risks are identified and correctly recorded in line with the States of Jersey Risk Management Strategy.

The Corporate Portfolio Management Office must review all project documentation and ensure that project risks are regularly communicated to the relevant Senior and Executive Leadership Teams.

16. Conflict of interest

An Accountable Officer must ensure that there are processes in place to identify and document any actual or potential conflict of interest, any such conflict should be mitigated through steps such as declaration or register, requesting a temporary substitute and resignation, where necessary, depending on the type of conflict identified.

In order to address any perceived conflict of interest where a donation (monetary or otherwise) is given or offered to any employee as a gift the procedures in the Acceptance of gifts and hospitality section of the Manual must be followed.

More information on receiving gifts and hospitality is included in the Code of Practice: Standards in Public Service. Ministers and Assistant Ministers are bound by the Code of Conduct and Practice for Ministers and Assistant Ministers.

17. Scheme of delegation

Accountable Officers must maintain a Scheme of Delegation which includes requirements in relation to projects.

18. States of Jersey Standing Order 168

An Accountable Officer must ensure that the terms of States Standing Order 168 – Land transactions are, where appropriate, met.

19. Project completion

On completion of a project, an assessment must be made against the defined success criteria set out during the project’s planning stage; and lessons learned must be communicated both within the States Body and to the Corporate Portfolio Management Office for further communication to the Government of Jersey and the States as a whole.

20. Benefit realisation

There must be a plan for each project which sets out the benefits of the project and which specifies who will own these benefits prior to the closure of the project (as set out in the Corporate Portfolio Management Office framework).

21. Accountability

The Principal Accountable Officer is responsible for the appointment of an Accountable Officer for Projects – the appointment will last for the whole lifetime of the project (unless the Principal Accountable Officer decides otherwise). If the Principal Accountable Officer fails to appoint an Accountable Officer the Principal Accountable Officer remains accountable.

The Accountable Officer is responsible for ensuring that there is sufficient budget available for a project. Any officer responsible for spending funds on a project must liaise with the Accountable Officer to ensure sufficient funding is available.

22. Expenditure and Procurement

Accountable Officers must ensure that the Expenditure and Procurement section of the Public Finances Manual is complied with for all projects.

Role of the Senior Responsible Officer

Introduction and background

Strong leadership with clear accountability is a key element of successful project delivery. This section makes it mandatory for an Accountable Officer to ensure that there is a Major/Strategic project : Senior Responsible Officer for a programme or project that has been approved and funded as a Major project or any project which is classed as a Strategic Project. The relevant Accountable Officer takes on this role by default where no alternate formal appointment is made. This situation must be documented. 

The Accountable Officer may decide to appoint both a Sponsoring Senior Responsible Officer and a Supplying Senior Responsible Officer where the project involves both a Sponsoring and Supplying States Body. In some instances an officer may be appointed to take on both the role of Sponsoring and Supplying Senior Responsible Officer.

This section also applies to any project estimated to cost more than £5 million or is classed as a Strategic project funded from any States Fund.

There should be a Senior Responsible Officer for other projects with clearly documented responsibilities especially in those instances where the States approve major policy initiatives which span more than one financial year. In these cases, the appointment process and responsibilities should follow the principles and requirements of this section and Corporate Portfolio Management Office procedures as appropriate.

For the purposes of this section of the Manual the word Project covers both projects and programmes.

In the States and Government of Jersey project delivery there are three critical leadership roles:

  • The Accountable Officer is accountable to the Principal Accountable Officer (excluding those Accountable Officers for the non- Ministerial departments and States of Jersey Police), the States Assembly (through the Public Accounts Committee) and for ensuring high standards of probity in the management of public funds. 
  • The Sponsoring Senior Responsible Officer is directly responsible to the relevant Accountable Officer (who may be the Principal Accountable Officer) for ensuring a programme or project meets its objectives, delivers the projected outcomes and realises the required benefits. The Supplying Senior Responsible Officer is responsible for the successful delivery of key aspects of the project for which the Supplying States Body take responsibility for delivering. 
  • The Project Director or Project Manager is responsible to a Senior Responsible Officer for the day-to-day management of the project (this role maybe either the Sponsoring; or the Supplying Senior Responsible Officer where one is appointed).

In all cases the Accountable Officer is answerable to the Public Accounts Committee for Major/Strategic projects.

The Sponsoring Senior Responsible Officer has responsibility for:

  • defining and communicating the vision and business objectives in line with policy
  • ensuring a real business need is being addressed 
  • formation of a Project Board (where one does not exist) and the definition of roles and responsibilities for the project
  • identification and management of the project’s issues and risks
  • delegated budget and benefit accountability for any project to which they are the assigned.  The Sponsoring Senior Responsible Officer ensures the total project budget (including any allocations to Supplying States Bodies) is managed in accordance with the Public Finances (Jersey) Law 2019 and takes accountability for the realisation of project benefits as set out in the business case.
  • complying with the Public Finances Manual and the Corporate Portfolio Management Office Project Delivery Framework (see Supporting documents) 
  • managing contracts and relationships with external suppliers
  • assuring ongoing viability and, if necessary, taking the decision to stop the project
  • engaging key stakeholders 
  • providing the project team with leadership, decisions and direction
  • ensuring the delivered solution meets the needs of the business and the project as agreed
  • assigning a suitably qualified and/or experienced Project Manager to manage the day-to-day delivery of the project
  • agreeing appropriate governance structures and reporting protocols with the Accountable Officer, Corporate Portfolio Management Office and, if necessary, the Principal Accountable Officer
  • providing regular steer, support, and guidance to the Project Board and support to the Accountable Officer in ensuring that Senior stakeholders are kept abreast of project progress

For those projects where a Supplying Senior Responsible Officer is appointed, they have responsibility for:

  • reviewing all project documentation and completed pre-requisites and confirming acceptance of the deliverables requested from the Supplying States Body, against the budget set out
  • assigning a suitably qualified and/or experienced Project Manager to manage the day-to-day delivery of the Supplying States Body aspects of the project including regular progress reporting 
  • confirming any revisions to the Project Board structure and/or roles and responsibilities through the delivery stage
  • complying with the Public Finances Manual and the Corporate Portfolio Management Office Project Delivery Framework
  • managing contracts and relationships with external suppliers, as agreed with the Sponsoring Senior Responsible Officer 
  • providing regular steer, support and guidance to the Project team, Project Board and Sponsoring Senior Responsible Officer
  • acting as the lead liaison on behalf of the supplier(s)
  • verifying feasibility of product designs and development processes
  • verifying the quality of the products delivered by suppliers
  • delivering the required elements of the project as set out by the Sponsoring States Body
  • budget accountability for any specified budget allocation for the delivery of key aspects of the project, as agreed with the Accountable Officer /Sponsoring Senior Responsible Officer. The Supplying Senior Responsible Officer is responsible for working with the budget available. The Accountable Officer is responsible for ensuring that funding is available for the project. The Supplying Senior Responsible Officer is not responsible for the realisation of benefits associated with the project as set out in the business case
  • regularly reporting on progress to the Sponsoring States Body and escalating to the Sponsoring States Body Accountable Officer or Sponsoring Senior Responsible Officer any issues requiring decision making and/or Ministerial oversight or awareness
  • identifying and managing relevant project issues and risks 
  • complying with the Public Finances Manual and the Corporate Portfolio Management Office Project Delivery Framework (See Supporting documents)
  • agreeing appropriate governance structures and reporting protocols with the Accountable Officer/Sponsoring Senior Responsible Officer and Corporate Portfolio Management Office

If a Supplying Senior Responsible Officer is not appointed the above responsibilities would be part of the Sponsoring Senior Responsible Officer’s remit.

The appointment of a Sponsoring Senior Responsible Officer to a project makes that individual directly responsible to the Accountable Officer for an activity or decision which means they bear the overall responsibility for that project. This includes ‘yes’ or ‘no’ authority and veto power in the way that the project is managed, however, the Accountable Officer retains overall personal accountability and retains the right to make decisions on the Project. There may also be a Project Director or Project Manager who actually undertakes day to day management of the project: in other words, they manage the action and implementation. Responsibility for a project can be shared and the degree of responsibility will be managed by the accountable person.

The Senior Responsible Officer is usually responsible directly to the Accountable Officer but for some projects, this might be through others in the organisation’s management structure, for example another senior official or sponsoring group. In all cases, there should be no doubt as to the formal relationship and reporting required between the Senior Responsible Officer(s) and the Accountable Officer; this must be clearly defined in the project initiation documentation and kept up to date.

The Senior Responsible Officer’s (which may be the Sponsoring Senior Responsible Officer or Supplying Senior Responsible Officer where one is appointed) relationship with the project management organisation is through the Project Director or Project Manager. The Project Director or Project Manager can be appointed by the Accountable Officer, the Senior Responsible Officer or another senior official or sponsoring group. The Project Director or Project Manager can be a full-time role, responsible to the Senior Responsible Officer(s) for driving, on a day-to-day basis, the delivery of the project outcomes within agreed time, cost and quality constraints.

In addition to the common risks identified in the Background and Introduction section of this Manual a number of significant risks relating to this section include:
  • roles and responsibilities for Major/Strategic projects are not clearly identified
  • Accountable Officers and other relevant individuals may not be kept fully informed of the progress of a Major/Strategic projects
  • Major/Strategic projects may not be delivered on time and to the required quality and budget

Principles

1. The roles and responsibilities of Accountable Officers and where appropriate Sponsoring and Supplying Senior Responsible Officers for Major/Strategic projects should be clearly set out in writing 

2. Relevant information on projects should be provided to appropriate persons at the earliest possible opportunity.

3. Projects should be managed within the financial control and governance framework set out in this Manual to achieve the desired benefits.

4. The management of projects should be continuously improved through learning lessons from project delivery.

5. Any officer who is appointed as a Senior Responsible Officer should be someone who holds a leadership position within the organisation into which the project’s benefits and outcomes will be delivered.

6. It is expected that a Major/Strategic project Senior Responsible Officer(s) will attend meetings of the Public Accounts Committee with the relevant Accountable Officer.

7. Where a suitable Senior Responsible Officer cannot be found in the time available, an interim Senior Responsible Officer appointment may be necessary. This appointment should be formalised in the same way as that for a permanent appointment, recording that the appointment is interim and its expected term. Arrangements should then be put in place to appoint a permanent Senior Responsible Officer as soon as possible.

Requirements

1. Appointment of Sponsoring Senior Responsible Officer for Major/Strategic Projects

All Major and Strategic Projects where funding has been approved in a Government Plan (including those projects estimated to cost more than £5million or if classed as Strategic and funded from a States Fund) must have a Sponsoring Senior Responsible Officer appointed by the Accountable Officer who has primary accountability for the Project’s Delivery. Appointment must be by letter, in which it’s made clear as to who the Senior Responsible Officer is responsible to and what they are responsible for using as a basis the format included in Supporting Documents to the Public Finances Manual. The appointment must be at the earliest possible stage of the Project.

2. Appointment of Supplying Senior Responsible Officer for Major/Strategic Projects

Where it is deemed necessary for an Accountable Officer to appoint a Supplying Senior Responsible Officer for a Major/Strategic project all appointments must be by letter, in which it’s made clear as to who the Supplying Senior Responsible Officer is responsible to and what they are responsible for using as a basis the format included in Supporting Documents to the Public Finances Manual. The appointment must be at the earliest possible stage of the Project.

An Accountable Officer may be appointed as a Sponsoring Senior Responsible Officer. 

3. Senior Responsible Officer appointment letter

The appointment letter must set out:

  • the point at which the Senior Responsible Officer becomes responsible to the Accountable Officer for the project, whether they are a Sponsoring or Supplying Senior Responsible Officer and what they are responsible for
  • the time they are expected to commit to the project
  • the tenure of the role, linked to key milestones on the project
  • the extent and limit of their accountability
  • a clear statement of the status of the project, identifying material issues and constraints
  • the Senior Responsible Officer’s objectives and performance criteria, covering delivery of the project, projected outcomes and required benefits
  • decision powers, controls and delegated authority
  • key interfaces and relationships, particularly with the business owner of the delivered
  • project
  • any expected development or other requirements of the Senior Responsible Officer

The appointment letter provides the opportunity for the Senior Responsible Officer to consider the basis on which the project has been, or is being established, and to raise any concerns with the Accountable Officer, before signing the letter to show they accept these as terms of their appointment.

Appointment letters must be reviewed at least annually, as part of objective setting, or after any significant changes to the business case, to ensure that these remain up to date. A new letter must also be issued if a new Senior Responsible Officer is appointed.

A sample letter is included in supporting documents to this Manual. This should be used as the basis for Senior Responsible Officer appointment letters.

4. Major/Strategic Projects section of the Public Finances Manual

The Senior Responsible Officer must ensure that the Major/Strategic Projects section of this Manual is fully complied with, or that exemptions are obtained, or breaches recorded where necessary.

5. Appointment of Project Director/Project Manager for Projects

All Major/Strategic projects identified and approved must have an appropriately qualified and/or suitably experienced Programme or Project Manager. 

6. Responsibilities of the Senior Responsible Officer

As a minimum, the Senior Responsible Officer’s responsibilities (as set out in the letter of appointment) must include:

  • clarification as to whether it is Sponsoring or Supplying Senior Responsible Officer
  • the responsibilities listed above and as set out in the Project Governance Framework

7. Information on progress of a project

A Senior Responsible Officer must keep the relevant Accountable Officer informed of progress and Minister(s), or governing boards as appropriate, must be informed of any developments that could undermine the business case for the project or budget at the earliest possible opportunity.

8. Procurement

A Senior Responsible Officer must ensure compliance with the section of the Public Finances Manual on Expenditure and Procurement, including obtaining exemptions or recording breaches where necessary. 

9. Business case

The Sponsoring Senior Responsible Officer must ensure that the project's business case is in line with the requirements set out in this Manual and with the standard documentation available from Treasury and Exchequer. This is likely to include a requirement to detail the options for delivery and that each option is evaluated to determine the implications on expenditure and use of resources. The business case and delivery options must be scrutinised as part of the appropriate project approvals process. The business case must outline the risks associated with the project and clearly identify the available mitigation.

10. Benefits

The Sponsoring Senior Responsible Officer must ensure that a rigorous approach is taken to benefits management; that benefits are identified; plans for the realisation of benefits are put in place and delivery of benefits is measured to demonstrate that the intended return on investment is being achieved.

11. Lessons learned

The Sponsoring Senior Responsible Officer must ensure that appropriate arrangements are put in place to capture lessons learned from the project's delivery.

Grants and sponsorships

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and all States Funds created in accordance with the Public Finances Law.

This section is applicable to discretionary financial benefits paid to third parties, whether in the form of Grants or Sponsorships (together referred to in this section as Grants), or subsidies. Discretionary financial benefits typically have the following characteristics:

  • a transfer to a recipient which may be in return for compliance with certain terms and conditions
  • a transfer which may not directly give approximately equal value in return to the States (that is, there is a non exchange transaction or subsidy so there may not be an exact pound for pound value)
  • a recipient may have been selected on merit against a set of scheme specific criteria

It includes concessions against income (such as property rentals), concessions against property value and all transfers of value, monetary or otherwise. All new grant or sponsorship schemes must be submitted to the Group Director, – Commercial Services for approval of the scheme itself, as well as the proposed diligence and measurement framework to be put in place. This section includes a number of requirements in relation to new schemes.

For the avoidance of doubt, the definition excludes Contracts for Services and Social or Community benefits. Additionally, gifts, staff benefits, and hospitality are not forms of discretionary financial benefits, and are, therefore, also excluded.

Although donations may be considered a discretionary financial benefit, they are not included in the scope of this section (see Special Payments). Most States Bodies will rarely give or receive a donation, as they impose no obligations on the recipient and offer little or no rights or benefits to the provider. The ability to give or receive a donation would normally require a strong rationale and a high level of approval within a department and should be documented in the relevant department’s Scheme of Delegation.

Users of this section should also refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • Expenditure
  • Arm’s length organisations
  • Special payments

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • the service for which the grant is given is not provided to the required standard
  • the grant does not achieve the desired outcome
  • the grant is incorrectly processed or recorded
  • the grant is not properly monitored and or authorised
  • the grant award costs more than if the States were to incur the direct expense
  • the grant proposal is inefficient or unduly expensive
  • the individual or organisation is awarded more than one payment
  • by provision of a grant the States or Government of Jersey enters into a de facto longer term commitment

Principles

1. All grants should contribute towards the strategic aims, priorities and desired outcomes of the States of Jersey.

2. Grants should not be issued to the recipients before the funds are required.

3. In designing grant schemes, consideration should be given to elements of good practice, such as consideration of alternative funding mechanisms, risk management, consultation, evaluation and monitoring.

4. All grants should be processed in accordance with the departmental assurance framework and Scheme of Delegation.

5. Accountable Officers should ensure that financial resources are used in the most efficient and effective manner.

6. Accountable Officers should periodically review grants awarded for their effectiveness and timeliness in achieving agreed outcomes. The frequency of review should be determined at the outset and by reference to the quantum of the grant and perceived level of risk of achieving the desired strategic aims and outcomes.

7. All matters relating to the provision and administration of grants should have due regard for the principle of transparency.

Requirements

1. General requirements for all grants

The accountable officer must:

  • ensure grants have been used for their intended purpose
  • ensure that funding agreements are in place for all grants. The format and complexity of the funding agreement should be proportionate to the value of the grant and the risk involved.
  • ensure that value for money outcomes are maximised and appropriate value for money measures for grants are included in funding agreements and subsequently used;
  • ensure that systematic quality checks are carried out for all larger grants (i.e. where the grant is related to activity carried out by, and evidenced by information received from, the grant receiving body, independent checks should be carried out on that information);
  • ensure that conflicts of interest, present or perceivable, are managed:
  • establish effective and efficient administrative controls;
  • ensure due diligence is undertaken regarding grant recipients proportionate to value of grant and risk;
  • ensure that clear and unambiguous clawback arrangements are included in grant agreements where appropriate; and
  • ensure that the Annual Accounts of those organisations which receive grant funding in excess of £75,000 from the States of Jersey are published as a report to the States Assembly.

2. New grant schemes

The Accountable Officer must ensure that all new grant and subsidy schemes are documented and submitted to the Group Director – Commercial Services for approval prior to introduction. Proposals must detail the proposed diligence and assurance framework to be put in place and should meet the following requirements:

  • contribute towards the strategic aims, priorities and desired outcomes of the States of Jersey
  • consider alternative options for funding the service need other than a grant scheme;
  • identify, assess and mitigate risks;
  • consider experiences learned from other grant schemes – Government or States of Jersey or otherwise;
  • be stress tested (i.e. against all potential scenarios including volume of take up);
  • be designed to minimise the potential for fraud;
  • include evaluation and review processes;
  • identify the target population for grants;
  • balance the uptake of grants against the cost of administration;
  • involve market sector expertise in their design where available;
  • consider any potential overlap with existing grant schemes operated by the States or any other body;
  • forecast and monitor scheme uptake;
  • consider the mechanism by which grant recipients should account for their performance;
  • consider the mechanism by which grant recipients should provide management information ;
  • consider mechanisms to ensure grants are only used for the purposes intended;
  • consider how to achieve a robust assessment of the capacity and capability of delivery partners; and
  • consider the design of appropriate sanctions and rewards

3. Existing grant schemes

The Accountable Officer must review existing grant schemes against the requirements for new schemes at least annually. Any requirements not met must be documented, and the Accountable Officer should consider whether to amend the scheme.

Discretionary Grants (i.e. grants which are not under a scheme)

The Accountable Officer must apply the following principles for discretionary grants and document that they have been considered:

  • grants should only be used when they secure a Government or States policy outcome;
  • discretionary grants should not be used without first considering alternative policy mechanisms or existing grant schemes;
  • grants do not lead to overreach into areas outside of Government or statutory responsibility, nor create an ongoing need for funding;
  • where small grants are used, they should be administered by the organisation that is able to do so most efficiently;
  • accountability requirements imposed on grant recipients should be proportionate to risk.

4. Sponsorship

The Accountable Officer must (where a department engages in sponsorship) apply the following principles of sponsorship management, document that they have been considered and develop departmental sponsorship procedures:

  • ensuring probity;
  • achieving efficiency and effectiveness;
  • maintaining accountability; and
  • implementing effective risk management.

Changes to head of expenditure

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and relates to amendments to the heads of expenditure approved by the States Assembly. It provides guidance on when and how heads of expenditure may be altered. It does not apply to the transfer of funds within a head of expenditure.

The States Assembly approves heads of expenditure as part of the Government Plan. These include heads of expenditure for the Major Projects Envelope (see Major Projects section) and the Reserve. There are a limited number of ways in which the Law permits these heads of expenditure to be varied. These include:

  • the Minister for Treasury and Resources may approve the transfer of an amount allocated from one head of expenditure to another, having consulted any Ministers affected. In the case of Non Ministerial States Bodies, the Minister for Treasury and Resources must have the approval of the relevant body before doing so (for transfers which affect the Comptroller and Auditor General this should be the chair of the Public Accounts Committee, for the States Greffe the chair of the States Privileges and Procedures Committee and in any other case the relevant accountable officer)
  • before a transfer under the above bullet point can be actioned the Minister must give the States at least 4 weeks’ notice of any intended transfer. If a proposition is lodged objecting to the transfer the Minister must wait the outcome of the debate on the proposition before actioning the transfer
  • transfer of underspends of revenue budgets to the Reserve head of expenditure
  • use of additional revenue income, subject to approval from the Minister for Treasury and Resources
  • use of income from the sale of assets (see Assets section)
  • transfers from the Reserve head of expenditure (see section on Reserve head of expenditure)

Users of this section should refer to other sections of the Public Finances Manual that are relevant, including:

  • Expenditure
  • Reserves
  • Major Projects

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • transfers may not be appropriately authorised or processed
  • States Bodies may be able to exceed their authorised revenue Head of Expenditure using departmental income where better value could be obtained by using it for another purpose
  • States Bodies may be able to exceed their authorised revenue Head of Expenditure by disposing of assets and spending the proceeds
  • approved revenue expenditure which is not required by States Bodies may not be returned to the Consolidated Fund

Principles

1. Heads of expenditure will be allocated to a department, strategic priority, Major Project, capital project or other area of expenditure.

2. Changes to head of expenditure should be rare and only occur where more economic, efficient and effective outcomes or better value can be achieved for the States of Jersey as a whole.

3. Budget transfers should be necessary and properly authorised. Income received by departments in excess of the amount budgeted can only be spent with appropriate authorisation.

4. Proceeds from the disposal of assets should only be spent with appropriate authorisation.

Requirements

1. Heads of expenditure

The States of Jersey will approve in the Government Plan:

  • specific heads of expenditure (revenue and annual capital spend
  • an allocation for a Reserve head of expenditure
  • an annual spend allocation for each Major Project

Each of these allocations is defined as a “head of expenditure”. The head of expenditure may be supplemented by transfers from other heads of expenditure, additional departmental income received and receipts from the disposal of assets. All of these are subject to the appropriate approval.

2. Departmental approval

Bodies wanting to transfer funds between heads of expenditure must consult their Minister and have the approval of their Accountable Officer, or another officer where a delegation exists before approaching the Minister for Treasury and Resources. Accountable Officers may make transfers within their individual Body's head of expenditure, or within elements of a major project head of expenditure, without the approval of the Minister for Treasury and Resources or the States Treasurer, but transfers between service areas as set out in Departmental Operational Business Plans over £250,000 must be notified to the States Treasurer together with the reason for the transfer. The £250,000 threshold is cumulative for the year i.e. should be notified once it reaches that level.

3. Treasury approval

For all transfers between heads of expenditure the approval of the Minister for Treasury and Resources must be obtained. All transfers must be presented to the States Assembly for at least 4 weeks by Treasury and Exchequer. After that time the decision can be implemented providing no States Member has lodged a proposition to the contrary.

Treasury staff must process all decisions as expediently as possible following the receipt of all relevant approvals documentation.

4. Documentation

Bodies must submit to Treasury and Exchequer documentation in the manner prescribed by that department.

5. Use of additional revenue income

An Accountable Officer may approve the use of additional income up to 10% of the estimated departmental income included in the Government Plan (up to a maximum of £100,000). The Accountable Officer of the relevant States Body must seek approval to spend additional funds in excess of these levels. Approval of the use of additional funds of a non contentious nature above this level must be obtained from the States Treasurer. The States Treasurer has the discretion to escalate approval of transfers less than that amount to the Minister for Treasury and Resources if deemed appropriate. In all other instances, the approval of the Minister for Treasury and Resources must be obtained. Additional income must not be used to fund unforeseen recurring expenditure for which no future funding is secured.

6. Under and overspends of revenue budgets

Under and overspends within a head of expenditure must be netted off against one another to result in one net amount. Any under achievement of income must be taken into account in the calculation of the under or overspend of the head of expenditure.

If there is an underspend at the end of the financial year, this will be transferred to the Reserve. Over or underspends should be reported monthly with explanations for variances to the States Treasurer.

7. Use of the proceeds of asset disposals

Where net proceeds (i.e. proceeds less the costs of selling the assets) are up to £5,000, the Accountable Officer may approve the use of the net proceeds. Use of proceeds from the disposal of an asset of over £5,000 (net of disposal costs) where the request to use funds is not contentious can be authorised by the States Treasurer (see Assets section).

8. Non Ministerial States Bodies

The Law defines a number of Non Ministerial States Bodies which as their title suggests do not directly report to a Minister. For these Bodies it is recognised that references to the term Minister in this section should be read as Accountable Officer. Any transfers within heads of expenditure of Non Ministerial States Bodies between service areas as set out in Departmental Operational Business Plans over £250,000 should be notified to the States Treasurer although approval is not required. The £250,000 threshold is cumulative for the year i.e. should be notified once it reaches that level.

9. Reporting

The Minister for Treasury and Resources must report to the States of Jersey in a semi annual update, as well as in the States of Jersey’s Annual Report and Accounts:

  • all transfers between heads of expenditure against approved expenditure
  • underspends transferred to the Reserve

Special payments

Introduction and background

This section provides guidance on how States Bodies should manage payments relating to current transactions outside of the usual planned range of the Body’s activity and applies to all States Bodies in accordance with the Public Finances Law. Examples of such payments include, but are not limited to, extra-contractual payments, extra-statutory and extra-regulatory payments, compensation payments, special severance payments and ex-gratia payments. 

States Bodies should authorise special payments only after careful appraisal of the facts and when fully satisfied that the best course of action has been identified.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • Government Plan and budgeting expenditure
  • fees and charges
  • income
  • grants
  • losses and write offs
In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include:
  • authentic circumstances requiring compensation payments are denied
  • reputational damage in cases where novel. contentious and potentially repercussive special payments such as severance payments have been poorly handled
  • budget overruns leading to financial burden on the Treasury
  • fraud risk is increased as special payments could be made through collusion with the recipients

Principles

1. States Bodies should have a system for the timely identification, authentication and processing of any special payments that are compensatory in nature and ensure that such payments are fulfilled in the required timeframe in accordance with the relevant policies.

2. Special payments should be authorised only after careful consideration of the facts, and when it is identified as the best course of action, bearing in mind principles such as value for money.

3. Accountable Officers identifying a need for a special payment from the Head of Expenditure they have responsibility for must be able to justify the proposed payment if challenged.

4. Proposals for special payments should explain the nature, circumstance of the case, amount involved, management procedures followed, assessment of the value for money of the case, any non-financial aspects, the impact of the case, and, where appropriate, legal advice received.

5. States Bodies should be proactive in drawing and documenting lessons from special payment cases as they arise in order to establish the soundness of the control system and share the outcomes with Treasury and Exchequer. Necessary steps should also be taken to remedy all failings identified.

6. Sensitive special payment situations should be handled with integrity and focus on avoiding reputational damage to both the States Body and the wider public service.

7. Any proposals to keep special payments confidential must be sufficiently justified to avoid being interpreted adversely by the public or other States Bodies.

Requirements

1. Approval

States Bodies must always consult Treasury and Exchequer on special payments unless there are specific agreed delegation arrangements in place. In addition Accountable Officers must take advice, where appropriate, from the Law Officers’ Department when considering the potential for a special payment, to ensure that their proposed course of action is lawful and does not expose the States of Jersey to unnecessary claims or losses or create precedents for future claims.

The ultimate responsibility for agreeing to a special payment rests with the Accountable Officer for the head of expenditure from which the special payment will be made.

2. Consultation

Accountable Officers are responsible for consulting the Treasury and Exchequer on any special payments that fall within the following categories:

  • involves important questions of principle
  • raises doubts about the effectiveness of existing systems
  • contains lessons which might be of wider interest
  • might create a precedent for other Bodies
  • arises because of obscure or ambiguous instructions issued by another States Body or individual with authority to do so

3. Examples of special payments

Accountable Officers must fully understand the different types of special payments and how they should be managed. The following examples represent a non-exhaustive list of some of the different types of special payments:

  • extra-contractual payments
  • extra-statutory and extra-regulatory payments
  • compensation
  • special severance payments
  • ex gratia payments

4. Extra-contractual payments

Extra-contractual payments are payments which, though not legally due under contract, there is nevertheless sufficient reason to make the payment. Examples include where there are ex gratia payments as part of complaints procedures, or where there is a particularly compelling moral duty on the States. Another example would be settling an unfounded contractual claim on a commercial basis due to the costs of defending the claim, even where a claim is manifestly unfounded and no money is legally due, it may be best to settle. It is important to avoid creating a risk encouraging unmeritorious claims, so such claims should not be routinely accepted.

5. Extra-statutory and extra-regulatory payments

Extra-statutory and extra-regulatory payments are broadly within the limits of the statute or regulation, respectively, but go beyond a strict interpretation of its terms.

6. Compensation

Compensation payments are made to provide redress for personal injuries, accidents, damage to property etc. suffered by civil servants or others. They include other payments to those in the public service outside statutory schemes or contracts. For the avoidance of doubt, payments made through the Criminal Injuries Compensation Board scheme will be subject to the rules of that scheme and should be considered outside the scope of the Special Payments section of this Manual. The same principle also applies to the Redress Scheme as payments made from this Scheme are subject to the rules of that Scheme and should also be considered outside the scope of the Special Payments section of this Manual.

7. Special severance payments

Special severance payments are paid to employees, contractors and others outside of normal statutory or contractual requirements when leaving employment in public service whether they resign, are dismissed or reach an agreed termination of contract. Special severance payments when staff leave public service employment should be exceptional.

Special severance payments always require additional endorsement from Treasury and Exchequer and People Services because they are typically novel, contentious, potentially repercussive, and may set a precedent. Overall, responsibility for any payment, however, remains with the Accountable Officer. As such, Bodies should always consult the Treasury and Exchequer in advance when considering a special severance payment. A sceptical approach needs to be adopted for proposals for special severance settlements, in particular:

  • precedents from other parts of the public sector may not be a reliable guide in any given case
  • legal advice that a particular severance payment appears to offer good value for the States Body or employer may not be conclusive since such advice may not take account of the wider public interest
  • even if the cost of defeating an apparently frivolous appeal will exceed the likely cost of that particular settlement to the Body or employer, it may still be desirable to take the case to formal proceeding
  • winning such cases demonstrates that the States of Jersey does not reward failure and should enhance the Body or employer’s reputation for prudent use of public funds and deter other similar claims
  • whether the case could have wider impact, e.g. for a group of potential tribunal cases

8. Ex gratia payments

Ex gratia payments go beyond statutory cover, legal liability, or administrative rules, and include:

  • payments made to meet hardship caused by official failure or delay where there is no legal obligation to pay
  • out of court settlements to avoid legal action i.e. settling claims which have no merit, and where the settlement has no commercial basis, but for reputational reasons
  • payments to contractors outside a binding contract
  • retention payments designed to encourage staff to delay their departures, particularly where transformations are being negotiated.

Such payments always require additional explicit endorsement from Treasury and Exchequer, whether proposed in individual cases or in groups before any commitment, whether oral or in writing, is made. Responsibility for the decision to make any payment remains with the Accountable Officer.

9. Reporting

As the Government Plan does not budget for special payments they should be reported and brought to the attention of the States Assembly through appropriate disclosures in financial reports and accounts. As a minimum, such payments should be reported quarterly to Treasury and Exchequer (note that confidentiality may require such payments to be reported in the Annual Report and Accounts in an aggregated and anonymised manner).

10. Small payments

There may be instances where special payments are of a small amount and Accountable Officers are expected to adopt a pragmatic approach. For individual payments less than £1,000, States Bodies should establish their own policy with regard to those payments, include these in their Scheme of Delegation and inform Treasury and Exchequer. Accountable Officers should, however, note that these payments will still be subject to Scrutiny e.g. Internal Audit, States Questions and Freedom of Information questions. They must always be capable of justification if questioned. This ability must not be used to circumvent other processes, for example small business purchases that would otherwise be made through Supply Jersey or by purchase card.

Expenditure to meet an Emergency

Introduction and background

This section provides advice and guidance on the procedures to be followed if an emergency as defined in the Public Finances (Jersey) Law 2019 arises and immediate funding is required. This advice and guidance applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019.

General provisions relating to emergencies are set out in the Emergency Powers and Planning (Jersey) Law 1990. That Law contains arrangements relating to the Emergencies Council and Competent Authorities Ministers.

For the purposes of financial decisions, the definition of what constitutes an emergency is established in Article 24(2) of the Public Finances (Jersey) Law 2019 as either:

  • the declaration of a state of emergency under the Emergency Powers and Planning (Jersey) Law 1990
  • if the Minister for Treasury and Resources is satisfied that there exists an immediate threat to the health and safety of any of the inhabitants of Jersey, to the stability of the economy in Jersey or to the environment

The Public Finances (Jersey) Law 2019 sets out the responsibilities for the Minister for Treasury and Resources in relation to funding for any emergency which meets either of these terms.

The initial presumption is that any additional expenditure arising will be met from existing heads of expenditure, including centrally held reserves, approved in a Government Plan.

The Law also enables the Minister for Treasury and Resources (the Minister) to authorise the withdrawal of further funds from the Consolidated Fund if the emergency situation requires immediate funding and the Minister is satisfied that there is insufficient money in existing heads of expenditure to fund the emergency. If the amount is £100 million or more an amendment to the approved Government Plan must be progressed.

Should it be necessary for the Minister to approve the withdrawal of additional funds from the Consolidated Fund, the Minister must present a notice of the withdrawal to the States Assembly as soon as practical. Furthermore, the Minister must ensure that details of these withdrawals are included in the 6 monthly financial update report presented to the States.

The Minister for Treasury and Resources will review all other funding and financing options to meet the costs of an emergency and will where necessary take other funding options forward to the States Assembly.

Users of this section should refer to other sections of the Manual that may be relevant. Specifically this includes:

  • Accountable Officers
  • expenditure
  • risk management
  • changes to heads of expenditure
  • reserve head of expenditure

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include:

  • expenditure is not properly authorised and may exceed the amount set aside for the emergency
  • expenditure is considered irregular i.e. not spent for the purposes intended
  • expenditure may not offer the best value to the States of Jersey
  • the States of Jersey's reputation may be compromised as a result of not being able to function if an emergency was to arise and if funding was not made available when required
  • expenditure is incorrectly recorded

Principles

1. In the first instance arrangements should be in place to deal with an emergency whilst also endeavouring to ensure that routine service delivery is maintained as far as is practically possible.

2. The Chief Minister, Minister for Treasury and Resources, the States Chief Executive and the Treasurer of the States should be notified by the person identifying the potential emergency as soon as there is a possibility that there is an "emergency" situation (as defined in Article 24 of the Public Finances (Jersey) Law 2019 and set out in the Background and introduction to this section above) which requires additional funding so that the relevant emergency protocols can be brought into play.

3. Initially Accountable Officers should look to meet funding associated with an emergency, as defined in this Section, from within existing heads of expenditure.

4. Any additional funding allocated to meet the costs of an emergency should only be used for the purpose it was allocated for.

5. When considering an expenditure proposal to meet an emergency alternative approaches to delivering services to meet the emergency should as far as possible be considered. Accountable Officers should also be mindful of the risks they are responsible for managing and ensure they are adequately addressed.

6. All additional funding to meet emergency expenditure should be appropriately considered, authorised and then reported on.

7. Emergency expenditure should be incurred in lines with the relevant Schemes of Delegation.

8. Accountable Officers should be aware that their Accountable Officer responsibilities apply to all expenditure, including that related to emergency expenditure, and that they are responsible for ensuring value for money at the same time as needing to ensure that the emergency situation is addressed appropriately.

Requirements

1. Review of funding sources

If an emergency situation arises Accountable Officers supported by their Heads of Finance Business Partnering and the approriate member of staff from Treasury and Exchequer must, as much as is practicable in the situation, undertake a review of existing heads of expenditure and other sources of funding to identify what funds may be available to meet the estimated cost of any emergency.

2. Request for additional funding

In instances where Accountable Officers require additional funding to meet costs associated with an emergency (as declared under the terms of Article 24(2) of the Law), a written business case must be made with evidence that this is supported by the affected Minister(s), prior to incurring any expenditure, to the Minister for Treasury and Resources detailing:

  • the nature of the expenditure, the reason it has arisen and the implications if it's not funded
  • why they believe that the proposed expenditure is relevant to either:
    • a state of emergency declared under the Emergency Powers and Planning (Jersey) Law 1990
    • an immediate threat to the health and safety of any of the inhabitants of Jersey, to the stability of the economy in Jersey or to the environment
  • if the pressure is likely to be recurring
  • why the request cannot be absorbed within the Accountable Officer's current head(s) of expenditure
  • details of when the funding is required and sensitivity analysis around the values required, together with any assumptions
  • an evaluation of major risks

Where appropriate, supporting documentary evidence must be provided.

Depending on the urgency of the expenditure the Treasurer of the States has the discretion to waive the need for a written business case or the level of detail provided before approval to spend is given. If this authority is given the relevant information must be provided as soon as practical thereafter.

3. Consideration for request for urgent funding

In considering whether to approve requests to fund expenditure related to the emergency the Minister and Treasurer of the States (or any delegate) will take the following factors into consideration:

  • whether expenditure is genuinely urgent and essential
  • decisions of the Emergencies Council Competent Authorities Ministers and the Council of Ministers, where appropriate
  • whether the application followed procedures and enclosed all relevant documents
  • whether existing funding sources have been adequately considered
  • whether authority to spend already exists. 

4. Response to request for funding

The Minister or Treasurer of the States, (if given delegated authority by the Minister) or their delegate will provide a written indicative response to any funding request as soon as practicable. (If necessary, an initial indication will be given within one working day). If necessary (and time permits), additional information may be requested.

5. Expenditure and unspent funds

Additional funding allocated to meet the costs of an emergency must only be used for the purpose for which it was approved. Treasury and Exchequer will provide details on how and when funding will be released. Accountable Officers must provide monthly updates on the use of such funds to the Treasurer of the States.

6. Delegation

The Minister for Treasury and Resources may delegate authority to approve expenditure relating to the emergency to the Treasurer of the States. This delegation should only occur if there is genuine urgency in the public interest and postponing expenditure would:

  • cause other damage or public detriment
  • cause additional wasteful expenditure
  • lose efficiency savings

Any expenditure authorised under this delegated authority must be notified to the States Assembly in the appropriate six monthly report.

7. Reporting 

All funding decisions in relation to the emergency made by the Minister must be documented by public Ministerial Decision subject to the normal Freedom of Information restrictions.

The Minister must report to the States Assembly at six monthly intervals regarding any approvals given to withdraw additional funding from the Consolidated Fund.

Covid-19 related expenditure

Introduction and background

Although Covid-19 has presented the States and Government of Jersey with unprecedented challenges, it is vitally important that the normal rigours of financial management and control are maintained for expenditure related to this matter. As part of the Government Plan process the States Assembly has approved a specific annual head of expenditure for Covid-19 related expenditure which is sub-divided into specific areas. The Principal Accountable Officer appoints individual Accountable Officers for each specific area.

Further funding is also held in Reserve for Covid-19 related purposes.

Covid-19 related spending remains subject to the usual rules that relate to all other expenditure, whether this is incurred by using third-party suppliers, making grants or by any other means.

This section of the Public Finances Manual relates primarily to the regularity requirements imposed upon Accountable Officers, i.e. to ensure that expenditure is incurred for the purposes that it was approved by the States Assembly. The procedures for granting additional funding for Covid-19 related purposes from Reserve is set in the Minister's Procedures for Allocations from Reserve.

Users of this section should also refer to other sections of the Manual that are relevant. Specifically this includes:

  • Principal Accountable Officer
  • Accountable Officers in Government Departments
  • Accountable Officers in Non-Ministerial States Bodies
  • Heads of Finance Business Partnering
  • Consulting Treasury and Exchequer
  • Expenditure and procurement
  • Reserve head of expenditure
  • Arm's Length Organisations
  • Grants and sponsorships
  • Special Payments
  • Risk Management
  • Fraud

In addition to the common risks identified in the Background and introduction section of this Manual a number of significant risks relating to this section include:

  • expenditure may be committed for which no expenditure approval exists
  • expenditure may be incurred for purposes other than those approved by the States Assembly or the Minister for Treasury and Resources
  • accountability arrangements for expenditure are not clear
  • Accountable Officers and Heads of Finance Business Partnering are not clear what is expected of them
  • the Minister for Treasury and Resources and Treasurer of the States do not have sufficient information to fulfil their statutory roles in upholding the Public Finances (Jersey) Law 2019

Principles

1. Covid-19 related expenditure should be subject to the same level of financial control and rigour as any other expenditure incurred by the States or Government of Jersey.

2. Whilst maintaining financial control, funding the response to the effects of Covid-19 should be agile and not unduly delay putting agreed actions into effect.

3. Expenditure allocated to address the effects of Covid-19 by the States Assembly or that allocated from Reserves by the Minister for Treasury and Resources for Covid-19 purposes should only be used for the purposes allocated.

4. Accountable Officers, Heads of Finance Business Partnering and budget holders should be very clear what is expected of them when committing and incurring Covid-19 related expenditure.

5. All expenditure should be appropriately authorised, recorded, and coded.

6. The Minister for Treasury and Resources and Treasurer of the States should be in possession of sufficient information on the financial position relating to Covid-19 to be able to fulfil their statutory roles in upholding the Public Finances (Jersey) Law 2019.

Requirements

Those who have Accountable Officer responsibility for the individual elements of the specific head of expenditure for Covid-19 related expenditure must follow requirements 1 to 12.

The Treasurer of the States is accountable for monies held in the Reserve. If funding is allocated from the Reserve for Covid-19 purposes accountability moves with the funding and the relevant Accountable Officer must follow requirements set in 13 to 16 below.

Procedures for allocations within the Covid-19 head of expenditure

1. Accountable Officer responsibilities

An Accountable Officer with responsibility for a specific part of a Covid-19 head of expenditure must ensure that the financial control and governance arrangements for this expenditure follows the normal processes within their department.

2. Variations to allocations

The amount allocated to each Accountable Officer may be:

    • increased by an allocation from Reserve
    • increased by the reallocation of funding within the Covid-19 head of expenditure
    • reduced by a subsequent letter from the Principal Accountable Officer on the advice of the Treasurer of the States that an approved allocation for Covid-19 purposes has been lowered

3. Chart of accounts

Accountable Officers must ensure that they account separately for each specific area of Covid-19 related expenditure.

4. Coding of expenditure

Accountable Officers must ensure that only expenditure directly related to the purpose set out in their Accountable Officer appointment letter is recorded as Covid-19 expenditure. The approved expenditure allocation is not available for other purposes. Accountable Officers must ensure that systems are in place so that expenditure and funding can be monitored and reported on.

5. Prompt recording of expenditure

Accountable Officers must ensure that Covid-19 expenditure is promptly and correctly recorded within a month of being incurred.

6. Budget monitoring and forecasting

Accountable Officers must ensure that they receive information at least monthly to assess whether the amount allocated for Covid-19 purposes remains appropriate.

7. Informing the Treasurer of the States

Following receipt of the monthly updates on Covid-19 related expenditure, Accountable Officers must write to the Treasurer of the States as soon as is possible to advise if either:

  • the amount allocated is likely to be insufficient
  • any or all of the amount allocated is likely not to be required

8. Treasurer of the States to advise Accountable Officers

If an Accountable Officer has advised the Treasurer of the States that allocated approvals are likely to be insufficient, the Treasurer of the States must write to the Accountable Officer, as soon as possible, either to advise:

    •  that a business case for additional funding must be prepared, which will then be reviewed by the Investment Appraisal Team prior to making a recommendation to the Minister for Treasury and Resources;
    • that additional funding will not be made available and that planned expenditure should be reduced or met from other resources at the disposal of the Accountable Officer

9. Funding no longer required

If an Accountable Officer has advised the Treasurer of the States that any, or all, of the amount allocated for Covid-19 purposes will not to be required, the Treasurer of the States must, as soon as practicable, advise the Principal Accountable Officer of this fact. The Principal Accountable Officer (or delegate) must write, as soon as possible, but within 1 month of receiving such advice, to the Accountable Officer notifying them of the reduced allocation which they are accountable for.

10. Checking regularity of expenditure

The Chief Internal Auditor must carry out sufficient checks, on a regular basis, to verify that funding allocated for Covid-19 purposes is being used for that purpose. Transfers must be made to address any miscoding.

11. Reallocation within Covid-19 head of expenditure by the Minister for Treasury and Resources

Following appropriate consultation with Accountable Officers and the Treasurer of the States the Minister for Treasury and Resources can, by public Ministerial Decision, reallocate amounts within the Covid-19 head of expenditure between the indicative areas shown in the Government Plan if they are satisfied that:

  • the amount for one area is likely to be insufficient:
  • the amount for another area is likely to be more than is required

12. Reporting of expenditure from the Covid-19 Head of Expenditure

Details of expenditure incurred from the Covid-19 Head of Expenditure must be included as part of the Minister for Treasury and Resources 6 monthly financial update report presented to the States Assembly.

Other Covid-19 expenditure requiring funding from Reserve

13. Informing the Treasurer of the States

Accountable Officers must notify the Treasurer of the States immediately of any actual or prospective Covid-19 related expenditure in their area of responsibility that:

  • does not fall within one of the Covid-19 related purposes funded in the Government Plan
  • cannot be met from other expenditure approvals

14. Treasurer of the States to advise Accountable Officer

If the Treasurer of the States receives information under 13 above, they must, as soon as possible, advise the Accountable Officer concerned whether:

  • they should prepare a business case for the additional funding requested. The business case must be reviewed by the Investment Appraisal Team prior to a recommendation being made to the Minister for Treasury and Resources as to whether additional funding from Reserves should be approved
  • the Accountable Officer should reduce planned expenditure elsewhere to meet the expenditure

Accountable Officers must ensure that Requirement 18 of Section : Expenditure and procurement is followed. This states that before any commitment to incur expenditure is entered an Accountable Officer must ensure they have either sufficient funding within existing funding allocations, or an assurance from the Minister for Treasury and Resources or Treasurer that funding will be approved to meet that commitment.

15. Funding from Reserve – approval

The Treasurer of the States must ensure that the procedures set in the Minister's Procedures for allocations from the Reserve are followed for any allocation for Covid-19 related purposes.

16. Funding from Reserve: Accountable Officer responsibility

Accountable Officers must ensure that the procedures set in 3 to 10 of this section are followed for allocations from Reserve for Covid-19 related matters. 

There may be instances where it is not possible or feasible to set up new business units for funding allocated from Reserve for Covid-19 related purposes but Accountable Officers must ensure that expenditure and funding can be monitored and reported on in line with these requirements.

Our Hospital Project: Use of the Risk Allocation

Introduction and background

This section of the Manual applies to the Our Hospital Project as defined and approved by the States Assembly in P.80/2021 Our Hospital – Budget, Financing and Land Assembly and specifically deals with the process for drawing down funding from the Risk Allocation for the Project. It supplements (but does not replace) requirements in other sections of this Manual, in particular Major Projects and Expenditure and procurement. The Risk Allocation forms part of the maximum expenditure budget of £804.5 million available for the Project but its use will be subject to prior approval by the Minister for Treasury and Resources.

The “Risk Allocation” for Our Hospital is split into the following two areas:

  • Optimism Bias (£38.1m) : Provides a provision to cover changes to the forecast cost of all works on the Our Hospital Project but which cannot be properly quantified and costed until the design has been sufficiently developed.
  • Contingencies Allocation (£73.1m) : Client related: Provides a provision for any cost escalation for unforeseen circumstances highlighted by the Client during the design development process, before contract commencement, and during the delivery of the Project. It covers those issues where the Client proposes variations which would not change the primary function or design of Our Hospital but may improve the Project in terms of layout etc. or be required to react to scope changes from exogenous factors, such as technological or legal changes.

The values stated above are in line with the approved Our Hospital Project Outline Business Case and exclude any provision for Contractor Contingency.

It should be noted that while the overall funding approved for the Our Hospital Project includes the Risk Allocation, in line with current States of Jersey policy, funding (Budget) for the project, along with the main works, will only allocated on an annual basis. 

The Accountable Officer is responsible for all expenditure on the Project, including that incurred from funding allocated from the Risk Allocation.

Following completion of the final account for the Our Hospital Project any unallocated sum in the Risk Allocation will be returned to the Consolidated Fund balance and will not be available for any other purposes associated with the Our Hospital Project or any other project (unless the States Assembly decide otherwise).

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • Accountable Officers in Government Departments
  • assets
  • government plan and budgeting
  • major projects
  • reserve head of expenditure
  • expenditure and procurement 

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include: 

  • that the cost of the Our Hospital Project exceeds the maximum spend limit approved by the States Assembly in P.80/2021 – Our hospital – Budget, Financing and Land Assembly.
  • that funding allocated for Risk Allocation is spent on enhancing Our Hospital. 
  • that value for money is not achieved in the development of the Our Hospital Project.

Principles

  1. all expenditure from the Risk Allocation for the Our Hospital Project should be properly authorised, controlled, and incurred in accordance with the relevant Scheme of Delegation
  2. all expenditure from the Risk Allocation for the Our Hospital Project should be incurred in a transparent manner and in line with the framework set out in this Section and any other relevant section of the Manual.
  3. the Accountable Officer shall seek to obtain value for money at all times from expenditure from the Risk Allocation for Our Hospital Project
  4. all responsibilities and accountabilities for the Risk Allocation for Our hospital Project should be appropriately and transparently authorised and recorded
  5. to ensure the Project is not delayed by seeking individual funding approval from the Risk Allocation for relatively minor items, the bodies involved (Treasury and Resources Minister, the Political Oversight Group, and the Accountable Officer) should establish and implement a Scheme of Delegation that allows the approval of such items to be agreed at a Project level

Requirements

1. Scheme of Delegation

Any Scheme of Delegation which covers the approval of relatively minor items requiring funding from the Risk Allocation, including the setting of a threshold and definition of a minor items (which cannot exceed £1 million), must be agreed between the Project Team and Treasury and Exchequer.

2. Applications for Risk Allocation funding to the Minister for Treasury and Resources

Applications to release funding from the Risk Allocation must be in writing to the Minister for Treasury and Resources from the Chair of the Political Oversight Group and endorsed by the Accountable Officer for the Project. The written submission must cover the reason for the funding request, actions taken/explored to mitigate the need for the additional funding and an explanation as to why the expenditure cannot be absorbed within the existing funding envelope and/or through identified savings. 

3. Approval of Minister for Treasury and Resources

Funding allocated from the Risk Allocation must be approved by public Ministerial Decision of the Minister for Treasury and Resources, unless permitted by a Scheme of Delegation approved by the Minister or Treasurer of the States.

This decision may need to withhold certain information if, for example, not doing so would harm the Government’s commercial interests. However, this information should be released as soon as it is deemed to be no longer confidential. Any reports or updates should be retrospectively amended to reflect this. Withheld information may be shared with the Principal Accountable Officer separately as and when required.

4. Reporting to Council of Ministers

The Council of Ministers must be provided with an update of funding allocated from the Risk Allocation (including details as to whether they are from Optimum Bias or Client Contingency) as well as progress on the Project as part of their Quarterly Financial Report.

5. Reporting to the States Assembly

Any allocation of funding from the Risk Allocation (whether made directly by the Minister or by a delegate) must be detailed in the half-yearly report of the Minister for Treasury and Resources to the States Assembly (as required under the terms of Public Finances (Jersey) Law 2019 Article 23 – Semi-annual updates). This report may need to withhold certain information if, for example, not doing so would harm the States of Jersey’s commercial interests. However, this information should be released as soon as it is deemed too no longer be confidential.

6. Expenditure and unspent funds

Expenditure from the Risk Allocation must only be used for the purpose for which it was approved by the Minister for Treasury and Resources or delegate. Any unused allocation must remain within the Our Hospital Project head of expenditure until the end of the relevant financial year. The Minister for Treasury and Resources may choose to reallocate unspent amounts to the Our Hospital Project head of expenditure in the following financial year.

Criminal Offences Confiscations Fund

Introduction and background

The Criminal Offences Confiscations Fund is established under Article 24 of the Proceeds of Crime (Jersey) Law 1999 and is managed and controlled by the Minister for Treasury and Resources.

The Criminal Offences Confiscations Fund is established to receive money - 

(a) recovered under or in satisfaction of a confiscation order or instrumentalities forfeiture order (as defined in Article 1 of the above Law); or 

(b) received under an asset sharing agreement (which means any agreement or arrangement made by or on behalf of Jersey with a country or territory outside Jersey for the sharing of the proceeds of criminal conduct that, as a result of mutual assistance, have been confiscated or forfeited either in Jersey or elsewhere).

Money paid into the Criminal Offences Confiscations Fund does not form part of the States Consolidated Fund. Money in the Criminal Offences Confiscations Fund is available to the Minister for Treasury and Resources for the following purposes (As per Article 24(4)(a) of the Proceeds of Crime (Jersey) law 1999): 

(a) in promoting or supporting measures that, in the opinion of the Minister for Treasury and Resources, may assist – 

(i) in preventing, suppressing or otherwise dealing with criminal conduct;

(ii) in dealing with the consequences of criminal conduct; or

(iii) without prejudice to the generality of clauses (i) and (ii), in facilitating the enforcement of any enactment dealing with criminal conduct; 

(b) discharging Jersey’s obligations under asset sharing agreements; and 

(c) meeting the expenses incurred by the Minister for Treasury and Resources in administering the Criminal Offences Confiscations Fund.

Additionally, following consultation with the Attorney General, the Proceeds of Crime (Jersey) Law 1999 may be amended by Regulation to enable specific money to be used for other specific purposes.

Money paid into the Criminal Offence Confiscations Fund can be invested in either a current or deposit account with one or more banks selected by the Minister for Treasury and Resources, with any interest earned paid into the Criminal Offences Confiscations Fund. Confiscated funds may be in any currency.

When funds are confiscated the Law Officers’ Department notifies Treasury and Exchequer of the status of the funds confiscated and advises of any ringfencing requirements before funds are deposited.  Confiscated funds are not available for allocation until the relevant legal case is concluded and written agreement has been provided by the Law Officers’ Department. This written confirmation will detail any negotiated payment due to a third-party, another jurisdiction and the amount available, if any, for use for a purpose approved by the Minister for Treasury and Resources. 

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • cash 
  • banking
  • expenditure and procurement 
  • changes to head of expenditure
  • Income
  • foreign currency.

In addition to the common risks identified in the Background and Introduction section of this Manual a number of significant risks relating to this section include:

  • money paid into the Criminal Offences Confiscations Fund is not used for the purposes intended
  • the States or Government of Jersey’s reputation may be compromised because of poor control of the Criminal Offences Confiscations Fund
  • transfers to fund expenditure are not properly authorised
  • money allocated from the Criminal Offences Confiscations Fund is spent on areas of expenditure not intended
  • that money due to be shared with another jurisdiction is not available

Principles 

1. Money confiscated in accordance with the Proceeds of Crime (Jersey) Law 1999 should be promptly collected and banked.

2. Expenditure from the Criminal Offences Confiscations Fund should follow all relevant procedures set in this Manual for expenditure approved by the States Assembly. 

3. Where a confiscation takes place in a foreign currency Treasury and Exchequer should be notified so that consideration can be given to the most appropriate way to manage any foreign exchange exposure.

4. Funds allocated from the Criminal Offences Confiscations Fund should only be used for the purpose approved by the Minister for Treasury and Resources. Any unspent funds should be returned to the Criminal Offences Confiscations Fund. In exceptional circumstances the Minister for Treasury and Resources, having consulted with the Attorney General, may agree that unspent funds are allocated for other purposes which meet the terms of the Criminal Offences Confiscations Fund.

Requirements

1. Investing of unallocated funds

The Treasurer of the States must ensure that all money within the Criminal Offences Confiscations Fund is held in an appropriate current or deposit bank account with a bank approved by the Minister for Treasury and Resources or their delegate.

2. Approval of Expenditure

Expenditure must not be directly met from the Criminal Offences Confiscations Fund. 

For expenditure approved outside of the Government Plan process, once approval has been given to the proposal, the relevant funding may be transferred from the Criminal Offences Confiscations Fund and allocated as departmental income in the relevant head of expenditure. In order to enable the project to commence approval to use additional income in line with requirements in the Manual’s section on Changes to head of expenditure. At this stage accountability for the project moves to the Accountable Officer with responsibility for the head of expenditure which received the income.

This process does not need to be followed for expenditure funded from the Criminal Offences Confiscations Fund and approved as part of a Government Plan. This expenditure is already included in the relevant departmental head of expenditure and has received approval to spend.

3. Investment Appraisal of Expenditure

The Treasury and Resources Minister must consult the Attorney General (and where appropriate any other relevant person) on the proposed use of funds (as per Article 24(4)(a) of the Proceeds of Crime (Jersey) Law 1999) held in the Criminal Offences Confiscations Fund.

To ensure value for money and that proposed projects are in line with States of Jersey priorities all projects put forward for Criminal Offences Confiscations Fund funding must be appraised by the Treasury and Exchequer’s Investment Appraisal Team before consideration by the Treasurer of the States who will make a recommendation to the Minister for Treasury and Resources. The Minister for Treasury and Resources holds overall responsibility for deciding what projects are progressed. If the Minister decides to take a different approach from that advised by the Treasurer of the States relevant documented evidence must be retained. 

4. Payment under Asset Sharing agreements

The Treasurer of the States must ensure that, where necessary, payments from the Fund meet the terms of any signed asset sharing agreement.

5. Reporting

The Minister for Treasury and Resources must report to the States Assembly at six monthly intervals regarding the use of additional income and the purpose for which it was used. 

Details on the financial affairs of the Criminal Offences Confiscations Fund must be reported in the States of Jersey’s Annual Report and Accounts.

Financial reporting and accounting

Annual financial statement

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law, and provides guidance on financial reporting arrangements both at the States Bodies and States of Jersey levels.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, this includes:

  • income
  • assets
  • expenditure
  • investments
  • funds
  • financing
  • budgeting

Users should refer to the Jersey Financial Reporting Manual, see supporting documents, which provides guidance on the preparation of financial statements.

The Jersey Financial Reporting Manual sets out the accounting standards to be adopted in the preparation of the States of Jersey Financial Statements. It is based on the UK Treasury Financial Reporting Manual, adapted for States of Jersey-specific situations. The accounting policies contained in the Jersey Financial Reporting Manual apply European Union adopted International Financial Reporting Standards as adapted or interpreted for the Public Sector in Jersey. The Jersey Financial Reporting Manual is published by the Minister for Treasury and Resources and presented to the States each year. The relevant annual update of this can be found in the Report section of the States Assembly website.

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • the States Assembly and the public are unable to assess the performance of the States or Government of Jersey against its stated priorities due to lack of transparency and consistent framework for reporting financial outcomes
  • the States Assembly is not provided with up-to-date financial information and is, therefore, unable to make appropriate decisions
  • reports produced by different States Bodies are inconsistent due to a lack of commonality regarding the accounting standards used or the template utilised
  • those responsible for producing reports are unaware of the expectations in terms of frequency of reporting and the nature of reports required
  • the manner and format of how matters are reported is not transparent, nor easily understood, by all stakeholders including the Accountable Officers and the States Assembly

Principles

1. All reporting, budgeting, forecasts, performance measuring documents and financial statements should use the same generally accepted accounting principles.

2. Reporting should be clear, concise and consistent throughout the States of Jersey. Consideration should be given to alternative methods of presentation, e.g. infographics, where they will make the report more easily understood and accessible to non-financially trained users.

3. Reports should be comprehensive and present a States-wide view of finances, e.g. including the aggregated debt position.

Requirements

1. Recording and reporting

States Bodies must record and report transactions in line with the provisions of the Jersey Financial Reporting Manual and any accompanying guidance. Accountable Officers are responsible for ensuring that the relevant staff are aware of the requirements of the Jersey Financial Reporting Manual and that these requirements are complied with.

2. Semi-annual updates

States Bodies must provide financial information in the form required by the Minister for Treasury and Resources focusing on the progress against objectives.

3. Specified Organisations

In the case of Specified Organisations, financial reporting arrangements must be clearly set out in the relevant Memorandum of Understanding and should be such that public funds received can be clearly accounted for.

4. Performance monitoring

Treasury and Exchequer will provide standardised reporting templates and guidance on the most appropriate ways to present the different types of financial information for different audiences.

5. Retention of financial documents

Accountable officers must ensure that documents are retained in accordance with the periods set out in Retention of Financial Documents (within Supporting documents)

Financial planning and budgeting

Government plan and budgeting

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law, with the exception of Specified Organisations (but includes Jersey Overseas Aid) as defined in schedule 2 of the Public Finances Law. It applies to the creation and management of budgets, and provides guidance on the responsibilities arising in relation to the process of preparing the financial elements of the Government Plan as defined in the Public Finances Law. Note that this includes the preparation of income and expenditure plans by individual States Bodies that contribute to the consolidated draft Government Plan.

This Section adopts the definition of ‘budget’ from the Organisation for Economic Co-operation and Development’s Recommendation on Budgetary Governance. Specifically, a budget is a “contract between citizens and state, showing how resources are raised and allocated for the economic, efficient, and effective delivery of public services”.

The areas covered by this section include:

  • responsibilities of Accountable Officers in relation to budgets
  • preparation of an annual income and expenditure plan for individual States Bodies
  • proposals for Major Projects
  • management of a States Body's budgets subsequent to the commencement of the approved Government Plan
  • ongoing reporting of performance against budget

For the avoidance of doubt, this section is not intended to address the role of the Treasury and Exchequer in collating budgetary submissions received from Accountable Officers, and balancing them to form the financial elements of the Government Plan. Nor does it address the creation of taxation or impôt proposals, or other income-related matters for which individual States Bodies are not directly responsible.

Users of the Public Finances Manual should refer to other sections that are relevant. Specifically this includes:

  • assets
  • Accountable Officers
  • cash
  • expenditure
  • fees and charges
  • reserves
  • grants
  • income
  • Major Projects
  • Projects

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • a States Body budgets to spend too much, leading to the potential for best value being unachieved
  • a States Body budgets to spend too little, and so has insufficient funds to deliver its priorities
  • an individual States Body’s income and expenditure proposal does not further the collective Strategic Priorities of the States or Government of Jersey
  • a historic/cost plus approach to budgeting renders income and expenditure proposals unsuitable for the present year’s requirements
  • an Accountable Officer could exceed the approved expenditure limits

Principles

1. Accountable Officers are responsible for the preparation of detailed annual and high-level forecast income and expenditure proposals for their States Bodies (and for those Funds defined in the Public Finances Law, including the Social Security Funds, Stabilisation Fund and Strategic Reserve Fund), together covering a 4 year period. This proposal should show a clear link between Strategic Priorities, policy initiatives, finances, and outcomes.

2. Accountable Officers should promote the integrity and quality of budgetary forecasts, financial plans and budgetary implementation through rigorous quality assurance including independent audit.

3. To the extent that it is feasible, Accountable Officers should adopt a zero-based budgeting mind-set. While using prior year figures for guidance is permitted, rollover budgeting should not usually be employed. 

4. When considering the preparation of an income and expenditure proposal, alternative approaches to delivering services and Strategic Priorities should be considered. Accountable Officers should also be mindful of the risks they are responsible for managing in relation to Strategic Priorities and ensure they are adequately addressed.

5. Accountable Officers should consult widely amongst their peers when preparing income and expenditure proposals to share ideas, initiatives and other thoughts in preparing their budgets.

6. The proposal should be clear and concise, considering relevant statistics and financial information available to the States Body, and aligned to the States' Strategic Priorities. It should contain clear outcomes and measures of performance.

7. The proposal should also have due regard for macro-economic and local economic trends, and draw on available information prepared by the Government of Jersey, such as intergenerational reports and long-term capital plans. This will help identify, assess and prudently manage longer term sustainability and other fiscal risks.

8. Where appropriate, Accountable Officers should also consider thought leadership prepared by supra-national bodies and the impact such trends may have on their Strategic Priorities and department more generally (such as relevant reports published by the World Health Organisation or the Organisation of Economic Co-operation Development).

9. The Accountable Officer of the lead States Body responsible for a strategic priority of the Government of Jersey should ensure other States Bodies involved in the delivery of the objective are consulted when preparing the proposal to ensure expenditure is allocated in the most economic, efficient and effective manner.

10. Subsequent to the commencement of the Government Plan and associated head of expenditure, Accountable Officers should monitor expenditure and provide regular updates both to Treasury and Exchequer and to their States Body in the format prescribed by Treasury and Exchequer.

11. As part of longer-term planning for the States of Jersey, Accountable Officers may be required to contribute to the preparation of intergenerational reports and other strategic planning. Accountable Officers should ensure that the body is able to provide the information required to the preparer of the report accurately and in a timely manner.

Requirements

1. Income and expenditure proposal

With the exception of Non-Ministerial States Bodies, income and expenditure proposals for States Bodies (and those Funds referred to in Principle 1 above) must be submitted to the States Treasurer prior to the preparation of the draft Government Plan. Accountable Officers of Non-Ministerial States Bodies should present their proposals in accordance with the Public Finances Law.

2. Form of income and expenditure proposal

The income and expenditure proposal prepared by the Accountable Officer should contain the following sections:

  • major projects for inclusion in major project envelope
  • other projects excluding Major Projects
  • revenue head of expenditure
  • income

3. Accounting standards

The form of the proposal must follow a format specified by the States Treasurer and be prepared in accordance with the accounting standards set out in the Jersey Financial Reporting Manual. The proposal should contain detailed income and expenditure for one year, and indicative income and expenditure for a further three years. It should contain clear outcomes, with performance measures. The Jersey Financial Reporting Manual will be published by the Minister for Treasury and Resources.

4. Consideration of alternative approaches

When preparing an income and expenditure proposal, Accountable Officers should assess if the existing model of delivery is appropriate. They should also consider a range of alternative approaches to delivering the Strategic Priorities for which they are responsible, for example the use of digital service delivery. This could include consultation with other Accountable Officers about new ideas and developments and the opportunity to deliver services and projects together.

5. Reserve

The proposal should not include provision for expenditure from the Reserve. Expenditure from the reserve should only be considered in exceptional circumstances, or if it would result in a better economic outcome for the States of Jersey. See the Reserve section for further details.

6. Sensitivity and other analysis

For material items with variables or imponderables, consideration should be given to using sensitivity analysis to assist Treasury and Exchequer in balancing the submissions from various States Bodies to the Government Plan e.g. payroll costs should be sensitised to illustrate the impact of staff turnover and vacancies. Where relevant, it may be appropriate to also present option analysis indicating the different costs and income associated with alternative methods of service or project delivery.

7. Major project envelope

If an Accountable Officer wishes to include one or more Major Projects in the income and expenditure proposal, each project must first be approved by Treasury and Exchequer. See the Major Projects section for further details.

8. Other projects

For more information, please refer to the Projects section. 

9. Proposals for Major Projects for States Trading Operations

The proposals in the Government Plan determine the approval of individual Major Projects for States Trading Operations for the financial year. These are funded from Trading Funds and not directly from the Consolidated Fund as for other States Funded Bodies.

The approval of individual Major Projects should be sufficient to deliver that project or be sufficient to complete an existing Major Project for which no other approval (e.g. a Capital Rolling Vote) sufficient to complete the project exists.

The approval of individual Major Projects should be based on the expected gross expenditure and an estimate of any capital receipts that relate to that specific project.

10. Ongoing reporting

It is the responsibility of the Accountable Officer to provide updates to the States Treasurer, comparing budgeted against actual income and expenditure of the States Body in the form prescribed by the States Treasurer. High-level updates should be provided on a monthly basis, with more detailed reports every quarter. Monthly reporting should also include estimated cash flow requirements. Quarterly reporting should include performance against agreed Key Performance Indicator’s, and explanations for any significant variances. The States Treasurer must then report the corporate financial position quarterly to the Council of Ministers.

Accountable Officers should also provide Treasury and Exchequer with accurate and timely inputs for the six-monthly updates to the States Assembly as defined in the Public Finances Law.

Accountable Officers should also perform any ongoing monitoring necessary to identify, assess and manage prudently longer term sustainability and other fiscal risks.

11. Internal communication

Accountable Officers should ensure that regular (at least quarterly) updates on performance against budget are provided to staff for whom they are responsible. The format of these updates should be determined by the Accountable Officer, but they should ensure that the updates are clear and transparent, and appropriate to their audience.

12. Further responsibilities

  • Accountable Officers should ensure they are able to contribute to longer-term strategic planning when requested by the Principal Accountable Officer, for example by providing long-term estimates at the request of the Economics Unit
  • Accountable Officers must document and operate a Scheme of Delegation for their States Body which segregates duties as appropriate and allocates responsibilities for budgets
  • Accountable Officers must maintain and review forecasts on a regular basis
  • Accountable Officers must document the control and assurance framework for their States Body to support the reliable processing of financial information
  • Accountable Officers must ensure appropriate controls are in place to ensure that expenditure does not exceed approved budgets
  • Accountable Officers should ensure expenditure is incurred in a timely manner so that best value is delivered for the States Body and the States of Jersey as a whole

Fiscal policy panel

Introduction and background

This section provides an overview of the operation and remit of the Fiscal Policy Panel are not bound by the requirements of the Public Finances Manual and as such this section is included for information only.

The Fiscal Policy Panel provides independent economic advice on matters relating to income raising and spending policy (including on the medium and longer term sustainability of States finances), the Strategic Reserve Fund and the Stabilisation Fund, to the Minister for Treasury and Resources and the Council of Ministers.

The legislative requirements in relation to the establishing and remit of the Fiscal Policy Panel are set out in the Public Finances Law. It also sets out provisions for independence and the requirement for an annual report on the state of the economy and the States of Jersey’s finances to inform the preparation of the Government Plan. The Council of Ministers or Minister for Treasury and Resources can request other ad hoc reports.

Users of this section should refer to other sections of the Public Finances Manual that are relevant.

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • the operation of the Fiscal Policy Panel does not support the achievement of the States or Government of Jersey’s Strategic Priorities
  • the Fiscal Policy Panel is not established or operated in line with international best practices of Independent Fiscal Institutions
  • the Fiscal Policy Panel is not sufficiently independent or perceived as such
  • the Fiscal Policy Panel is not provided with sufficient resources or information to enable it to achieve its objectives

Principles

1. The Organisation for Economic Co-operation and Development sets out key principles to be considered in the establishment and operation of Independent Financial Institutions such as the Fiscal Policy Panel. These principles are based on international leading practices but should be considered in the context of Jersey’s size, political and economic characteristics. The principles include the following:

  • local ownership – the Fiscal Policy Panel requires national ownership, commitment and consensus across the political spectrum to be effective and enduring
  • independence and non-partisanship – this will ensure that the Panel does not presents its analysis from a political perspective, rather objectively and professionally
  • mandate – the authority of the Panel should remain clearly defined in the primary legislation i.e. Public Finances Law
  • resources – the resources that are allocated to the Panel should be commensurate with their mandate 
  • relationship with legislature : regardless of whether the Panel reports directly to the Executive, mechanisms should be put in place to encourage appropriate accountability to the States Assembly
  • access to information – the Panel should be granted full access to all relevant information, as required by them, in a timely manner, including methodology and assumptions underlying budget and fiscal proposals, and sensitivity analysis where appropriate
  • communications – the Panel should develop effective communication channels, especially with the media, the public and other stakeholders, with due consideration to available communication channels and resources within the Government of Jersey
  • transparency – the Panel has a special duty to act as transparently as possible to maintain credibility with the public
  • external evaluation – a mechanism should be developed for external evaluation for the work of the Panel. This could be conducted by either local or international experts 
2. More details on these principles can be found in the Organisation of Economic Co-operation and Development document: Recommendations on Principles for Independent Fiscal Institutions.

Funds

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides guidance on Funds specifically named in the Law as well as other States Funds which are created in line with the Law.

For the avoidance of doubt, the Funds specifically listed in the Public Finances Law include the Consolidated Fund, the Strategic Reserve Fund and the Stabilisation Fund. The Public Finances Law also allows for the establishment of States Funds for specific purposes by the States Assembly on a proposition lodged by or with the consent of the Minister for Treasury and Resources. Funds can also be established in standalone legislation, but such legislation may only be lodged by or with the consent of the Minister for Treasury and Resources. 

When dealing with the Consolidated Fund, Strategic Fund and Stabilisation Fund reference should be made to specific provisions contained in the Public Finances Law as some requirements of this section (e.g. termination) might not be applicable to these funds. Other States Funds are:

  • Currency Fund
  • Insurance Fund
  • Jersey Car Parking Trading Fund
  • Jersey Fleet Management Trading Fund
  • Agricultural Loans and Guarantees Fund
  • Tourism Development Fund
  • Channel Islands (Jersey) Lottery Fund
  • Jersey Innovation Fund
  • Housing Development Fund
  • Dwelling Houses Loans Fund
  • Assisted House Purchase Scheme
  • 99 Year leaseholders Account
  • Criminal Offences Confiscation Fund
  • Civil Assets Recovery Fund
  • Ecology Fund
  • Jersey Reclaim Fund
  • Hospital Construction Fund
  • Climate Emergency Fund
  • Social Security Fund
  • Social Security (Reserve) Fund
  • Health Insurance Fund
  • Long-Term Care Fund
  • Dental Scheme
  • Fiscal Stimulus Fund
  • Technology Accelerator Fund

Details on the purposes of these Funds are included in the Supporting documents section of the Manual.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • fraud
  • income
  • investments

Users of this manual should take specific note of the transitional provisions included in the Public Finances Law in relation to the Funds created prior to the passing of the law. These provisions allow for the Funds to continue in existence until such time as they are wound up, subject to time considerations, their original purpose and whether they are still required.

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • existing Funds no longer serve the purpose for which they were created or the initial objectives could be better achieved through alternative arrangements
  • Funds are mismanaged due to lack of sufficient oversight, administration or internal control
  • Funds are not properly accounted for or that money is lost to fraud or theft
  • money becomes effectively locked up to a Fund due to ring-fencing and cannot be used for alternative uses, even after the purpose of that Fund has been served 

Principles

1. There should be a clear and documented framework for the establishment, operation, monitoring and termination of Funds, where applicable, depending on the relevant legislative provisions.

2. All Funds must contribute to the Strategic Priorities of the States of Jersey. They should be periodically reviewed to ensure that they remain fit for the purpose for which they were originally established. The purpose of a Fund can only be amended via a request submitted to the States Assembly by or with the consent of the Minister for Treasury and Resources.

3. When establishing a Fund, provision should be made for the winding up of the Fund once its purpose has been served.

Requirements

1. Accountable Officers

There must be an Accountable Officer appointed for each Fund who will ensure accountability and that the Strategic Priorities of the States of Jersey in relation to the Fund are achieved. The appointment, responsibilities and other guidelines on Accountable Officers are covered in the Accountable Officers section.

2. Establishment of a Fund

The Public Finances Law allows for the establishment of States Funds on the basis of a proposition lodged by or with the consent of the Minister for Treasury and Resources. The Minister must prepare or arrange for a business case for consideration by the States Assembly for any new Fund. Any assumptions contained within the business case must lay out the strategic objectives of the Fund, governance and operational arrangements, source of the initial Funds, expected life span, termination and evidence that creation of a Fund provides the most benefits for the States of Jersey in terms of value for money.

Funds can also be established in legislation. Any legislation which proposes a Fund may only be lodged by or with the consent of the Minister for Treasury and Resources. Funds established via this route should follow the same appraisal, monitoring and reporting process as those established in a Report and Proposition.

3. Ongoing monitoring and reporting

The Accountable Officer must provide a periodic, but as a minimum six-monthly, report to Treasury and Exchequer covering:

  • operational and financial performance against the aims and objectives of the Fund
  • how these are being met
  • whether the standards set by the Government of Jersey have been met
  • other key performance measures and targets as set out during the establishment of the Fund
  • disclosure of future plans to establish Funds and how they are likely to impact upon the achievement of States corporate and States Bodies’ priorities (where applicable)
  • all of the above in the manner prescribed by the States Treasurer

A pragmatic and risk-based approach should be adopted in meeting this requirement with consideration given to the size of the business and the nature of each Fund.

4. Fund Operation

The operation and administration of each Fund must be conducted in line with any relevant document (for example Terms of Reference) establishing the Fund and guidance on the involvement and responsibilities of Accountable Officers. All expenditure from a Fund should be agreed as part of the Government Plan process.

5. Investment of Funds

This must be carried out in line with the Public Finances Law. These include the requirement for the Minister of Treasury and Resources to present an investment strategy to the States Assembly after consultation with qualified investment professionals, the Treasury Advisory Panel and for the States Treasurer to ensure that Funds’ assets are invested in line with the investment strategy. For further guidance, please refer to the Investments section of the Public Finances Manual.

6. Joint venture funds

The requirements set out in this section apply equally to these joint venture funds or any arrangement involving the pooling of funds with the private sector, Accountable Officers must ensure that adequate due diligence is conducted on the private sector partners, appropriate service level agreements are signed and controls are in place to ensure ongoing monitoring depending on the size, purpose and risk associated with the Fund. 

Reserve head of expenditure

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and relates to expenditure from a Reserve head of expenditure. The Minister for Treasury and Resources holds responsibility for the control of a Reserve head of expenditure, but all Accountable Officers need to ensure that any requests for funding are appropriate.

The Public Finances Law sets out a number of responsibilities for the Minister for Treasury and Resources in relation to a Reserve, including:

  • to report to the States Assembly every 6 months with details of any approvals given to spend the Reserve
  • to propose a head of expenditure for the Reserve in the Government Plan
  • to direct how an approved appropriation from a Reserve head of expenditure may be spent in the first financial year covered by the Government Plan
  • to authorise that an unspent amount appropriated from the Consolidated Fund under an approved Government Plan for one financial year is deemed to be appropriated as part of a Reserve head of expenditure for the following financial year

Allocations from a Reserve head of expenditure cannot be made without the approval of the Minister for Treasury and Resources. If necessary, the Minister for Treasury and Resources may delegate the approval for expenditure from a Reserve head of expenditure to the States Treasurer, with any decision under this delegated authority being notified to the States Assembly in the next six monthly report. 

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • budgeting
  • changes to head of expenditure
  • expenditure

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include: 

  • expenditure from the Reserve may not be properly authorised
  • expenditure from the Reserve may not be in accordance with the published policy of the Minister for Treasury and Resources or offer best value to the States or Government of Jersey
  • expenditure from the Reserve may exceed the amount set aside by the States Assembly for this purpose
  • the States or Government of Jersey could achieve better value for money if the amounts held in the Reserve were put to alternative uses
  • expenditure from the Reserve is not properly accounted for

Principles

1. A Reserve head of expenditure should be operated in line with the requirements set out in the published Ministerial Policy Statement on the Reserve.

2. A Reserve head of expenditure should be used only for unforeseen and urgent expenditure or as otherwise considered in the Government Plan or specified in the Minister’s policy statement.

3. A Reserve head of expenditure may also be used to accelerate expenditure planned in another head of expenditure for the next financial year, depending on the terms of the Reserve, if to do so would be more economic, effective and efficient than delaying the expenditure. Such expenditure should result in a corresponding transfer to the Reserve head of expenditure from the following year’s budget.

4. Expenditure from a Reserve head of expenditure should be appropriately considered, authorised and reported.

5. If a States Body aims to make a withdrawal from a Reserve head of expenditure, a plan should, where appropriate, be made to repay the figure out of the next year’s head of expenditure when agreed. However a decision can be taken by the Minister for Treasury and Resources not to require repayment.

6. Expenditure from a Reserve head of expenditure should not be used for regular recurring expenditure and its availability should not be relied upon when making budgeting decisions.

Requirements

1. Compliance

Accountable Officers and other responsible parties must ensure compliance with the Ministerial Policy on a Reserve head of expenditure. The existing Ministerial Policy for Contingency covers the following broad sections:

  • the different ways allocation can be made to the Reserve
  • types of expenditure that can come out of the Reserve
  • the treatment of any unspent balance in the Reserve at the end of the year
  • the allocation process including the role of Accountable Officers, the Investment Appraisal Board, Principal Accountable Officer, and the States Treasurer
  • drawdown on approved funding
  • monitoring the Reserve

2. Expenditure and unspent funds

Expenditure from a Reserve head of expenditure may only be used for the purpose for which it was approved. Unspent funds must be returned to the Reserve head of expenditure. Accountable Officers should provide monthly updates on the use of such funds to the States Treasurer.

3. Reporting

The Minister for Treasury and Resources must report to the States at six monthly intervals regarding any transfers from a Reserve identifying the head of expenditure to which it was applied.

4. Re-allocation at year end

At the end of each financial year, the Minister for Treasury and Resources may re-allocate any unspent funds from any head of expenditure to the following year’s Reserve head of expenditure.

5. Carry forward

At the end of each financial year, the Minister for Treasury and Resources may agree that unspent funds may be deemed to be appropriated to the following years Reserve head of expenditure, taking into consideration all relevant factors.

6. Delegation

The Minister for Treasury and Resources may delegate authority to approve expenditure from a Reserve head of expenditure to the States Treasurer. This delegation should only occur if there is genuine urgency in the public interest and postponing expenditure would:

  • cause other damage or public detriment
  • cause additional wasteful expenditure
  • lose efficiency savings
Any expenditure authorised under this delegated authority must be notified to the States Assembly in the appropriate six monthly report.

Financing

Financing or borrowing

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides guidance on borrowing by the States of Jersey.

For the purpose of providing a definition of setting maximum limits for borrowing is defined as the acquisition of funds or assets from a body other than a States Body with an obligation to repay those funds. This definition also includes the permanent (or potentially permanent) acquisition of an asset with an obligation to pay for that asset over a period longer than 90 days. 

Borrowing or debt financing represents a key balance sheet item of the States of Jersey. As such, a clear understanding of how this balance changes and is serviced and repaid is required to ensure that stakeholders fully comprehend the potential long-term impacts on the States and future generations. Further reference should also be made to the covenants provided and to the cost of servicing. A mismanagement of borrowing by the States of Jersey could generate substantial risk to the Island’s financial stability for years to come.

The following types of borrowing fall within the remit of the Public Finances Manual:

  • hire purchase agreements
  • finance leases and similar contracts (excluding operating leases) whereby the economic benefit of an asset is acquired for a limited duration and there is an option to purchase the asset. It is recognised that finance leases do not fall into the legal nor accounting definition of borrowing, but they are included here as they are a means of financing expenditure and impact on the overall States and Government of Jersey’s indebtedness.
  • the assignment of debt from a third party
  • sale and leaseback transactions
  • guarantees or indemnities in the States of Jersey’s name (in which case the liability will be taken to be the amount borrowed for the purpose of calculating overall States of Jersey borrowing limits) – these do not include “letters of comfort” issued by the Minister for Treasury and Resources
  • bank overdrafts and overdraft facilities
  • loans from external institutions e.g. banks
  • the issuance of bonds

The following are classified as financing for the purposes of calculating the financing limits which the Minister for Treasury and Resources may enter in to under the terms of Public Finances Law Article 26(3) and (4):

  • finance leases (that is not operating leases or property leases)
  • the assignment of debt from a third party
  • sale and leaseback transactions.
  • loans from external institutions
  • the issuance of bonds

Accountable Officers in States Bodies with a responsibility for the oversight of Arm’s-Length Organisations should consider the potential for external providers of capital to Arm's Length Organisations to consider that the States of Jersey could implicitly guarantee that capital e.g. if an Arm's Length Organisation enters into a loan agreement with a bank, irrespective of the terms of the agreement there may be an underlying expectation that the States of Jersey will ensure that the loan is repaid in the event of a default. As such, any borrowing made by these organisations should be carefully monitored, reviewed periodically and notified to Treasury and Exchequer (Investment Management). The Accountable Officer should ensure sufficient information is received to understand, and if required, manage any risk of default. For the avoidance of doubt, while there may be a perception that such implicit guarantees extend to the finances of the Parishes, they are entirely independent of the States of Jersey and as such, the information requirements as described above cannot be applied to them. 

Users of the Public Finances Manual should refer to other sections, as well that are relevant. Specifically this includes:

  • assets
  • banking
  • expenditure
  • fraud
  • income
  • leases

In addition to the common risks identified in the background and introduction section of the Manual a number of significant risks relating to this section include: 

  • borrowing is not appropriately authorised
  • approved annual and or total borrowing limits of the States of Jersey and the Minister for Treasury and Resources are exceeded
  • total borrowing exceeds the maximum permissible amount
  • the total borrowing limit is incorrectly calculated
  • the same assets are used to secure more than one loan
  • the States Body is unable to service its debt
  • borrowing is carried out directly by States Bodies; only the States Treasurer (or the States or States of Jersey on the Minister’s recommendation) can borrow
  • the States or Government of Jersey has inadequate methods of monitoring its borrowing arrangements and debt levels
  • the States Assembly does not have a complete view of borrowings undertaken by the States or Government of Jersey

Principles

1. Borrowing should not be carried out without appropriate authorisation.

2. Accountable Officers should ensure that there is no activity carried out within their States Bodies that meets the definition of borrowing unless it has been approved in a Government Plan or, where appropriate, by the Minister for Treasury and Resources.

3. Total borrowing by the States of Jersey should be monitored against approved limits set in the Public Finances Law or by the States Assembly periodically, at least on a six-monthly basis. Annually, a total of the aggregated borrowings made by the States of Jersey and all organisations which are within the scope of the Financial Statements of the States of Jersey as prescribed by the Jersey Financial Reporting Manual must be reported.

Requirements

1. Borrowing proposals

States Bodies making borrowing proposals for consideration by the States Treasurer for inclusion in the Government Plan must provide a business case for such borrowing to be undertaken, including the full cost implications of the borrowing, comparisons with other methods of funding, and the funding sources for repayments and servicing of the borrowing. In addition, possible restrictive covenants should be considered as restrictions in respect of cash limits, interest cover, etc. may impact on other planned expenditure, reducing the ability of the States of Jersey to respond to new challenges.

2. Cost of borrowing

All costs of borrowing must be met by the States Body on whose behalf the finance is obtained. The cost of borrowing must be adequately reflected in the States Body’s financial reports.

3. States Treasurer requirements

When requested, Accountable Officers must submit promptly to the States Treasurer, information relating to borrowing, in a form which is compliant with the Jersey Financial Reporting Manual or the relevant States of Jersey accounting policies.

4. Name of borrower

All borrowing must be in the name of the States of Jersey or the relevant Specified Organisation or Arm’s Length Organisations.

5. States Assembly approval

All requests for borrowing other than those approved by the States Assembly in the Government Plan, regardless of limit, must be referred to the States Treasurer for approval before submission to the Minister for Treasury and Resources.

6. Notifying the States Treasurer

States Bodies must not enter into any new lease arrangements, or any other type of borrowing, without first notifying the States Treasurer and obtaining approval to do so. For further guidance, please refer to the Leases Section of this Manual.

7. Finance or borrowing limitations

It is the responsibility of the States Treasurer to ensure that limits on borrowing in the Public Finances Law or Government Plan are not exceeded without the prior approval of the States Assembly. Under the Law the Minister can finance up to £3 million in a financial year. The total outstanding amount of financing of this type at any given time must not exceed £20 million (these financial limits may be modified by the States Assembly). This is in addition to any financing approved by the States in the Government Plan. 

8. Exceeding limitations

Borrowing in excess of the Ministerial limitations set in the Public Finances Law has to be approved as part of the Government Planning process.

9. Reporting additional borrowing

Information on additional borrowing as well as the aggregate debt position of the States of Jersey must be reported to the States Assembly on a six-monthly basis by the Minister for Treasury and Resources.

10. Requirements for specified organisations

The circumstances under which Specified Organisations may borrow, as well as the applicable terms, should be set out in the relevant Memorandum of Understanding and associated documents. Specified Organisations should first consider borrowing directly from the States of Jersey before obtaining any external financing. 

11. Contingent liabilities requirements

  • any prospective contingent liability in the form of a guarantee or indemnity must be approved by the States Treasurer who will advise on any budgetary implications if the contingent liability gives rise to a financial guarantee contract
  • a careful appraisal of the risks, including the legal aspects, should be carried out before accepting any contingent liabilities. In all cases, steps should be taken to restrict the total contingent liability to a minimum e.g. by carefully specifying the duration, the extent and the conditions attached to guarantees
  • a contingent liability may arise due to a complaint, a legal claim or other matter. When such a matter arises, the Accountable Officer should notify the States Treasurer and the Director of Risk and Audit, and provide periodic updates at a time specified by each

12. Notifying the States Treasurer of Contingent Liabilities

The States Treasurer must be notified of all of the States of Jersey’s contingent liabilities to enable a record of contingent liabilities to be maintained and to assist with the compilation of notes to the accounts.

13. Crystallised liabilities

If a liability crystallises then the relevant States Body should consider, in consultation with the States Treasurer, whether an immediate report should be made to the States Assembly or if this is better addressed during the six-monthly updates. The report should explain the circumstances in which the liability has crystallised and the amount involved.

14. States of Jersey duties in relation to Arm's Length Organisations' (as defined in the Public Finances Manual) contingent liabilities

The contingent liabilities are not normally under the direct control of the States of Jersey. However, any contingent liabilities which they are unable to meet from within their own resources could then fall to the States of Jersey to repay. As such, each sponsoring States Body should therefore have adequate arrangements in place to ensure that the acceptance of contingent liabilities by Arm's Length Organisations concerned is consistent with the written agreement between the Arm's Length Organisation and the States of Jersey, and that, in the event of the contingent liabilities crystallising, the States Body would have the ability to meet the costs from within their own resources. These arrangements should be reviewed and the findings reported at least annually to ensure appropriate provisions can be made.

Lending

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and, where appropriate, loans from States Funds, and provides guidance on all lending by the States of Jersey in accordance with the Public Finances Law.

For the purposes of this section, lending is defined as the transfer of money to a third party under an agreement that requires repayment of a specified amount at a specified time or times.

This section addresses the responsibilities of the Accountable Officer of a States Body in ensuring compliance with the requirements of the States of Jersey on lending and in ensuring that loans are repaid in accordance with the agreed terms.

The section does not apply to loan schemes which have been established by separate legislation (for example, Agricultural Loans). The value of these loans will, however, be taken into account when calculating overall lending limits, as defined in the Public Finances Law and by the States Assembly.

Non-lending transactions

For the purposes of this section the following transactions are not deemed to be lending:

  • payment for care while awaiting curatorship
  • loans of equipment
  • payment for anyone supporting someone which will later reimbursed
  • payment of rental deposits for Licensed employees
  • payroll advances
  • advances of foreign currency for travel
  • spending charged to Gift Funds and settled at the year end

Lending from Gift Funds will also not be classified as lending for the purpose of this Section since the money is not part of States Funds.

Users of this section should refer to other sections of the Public Finances Manual that are relevant including:

  • financing
  • expenditure
  • fraud

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • unauthorised lending is carried out in breach of the Public Finances (Jersey) Law 2019, or other Laws or relevant States or Government of Jersey policies
  • lending limits on the value of the individual loans authorised by the Minister for Treasury and Resources or States Treasury and Exchequer are exceeded
  • ineffective due diligence procedures result in lending which the borrower is unable to repay
  • fraud is committed through deliberate and calculated loan write-offs
  • lending is inadvertently subsidised, with the final charges resting on the States or Government of Jersey
  • total lending exceeds the maximum permissible amount
  • the total lending limit is incorrectly calculated

Principles

1. All lending should be in the name of the States of Jersey or, in the case of Arm’s-Length Organisations, the body itself.

2. With the exception of Arm's Length Organisations, Accountable Officers cannot independently authorise the issuance of a loan. A States Body may request that Treasury and Exchequer makes a loan, which is made directly from Treasury and Exchequer. All lending regardless of limit must be approved by Treasury and Exchequer.

3. In the case of Arm's Length Organisations, the sponsoring States Body should monitor any lending carried out by the Arm's Length Organisation.

4. All lending should be appropriately authorised and undertaken in accordance with the Public Finances (Jersey) Law 2019, this Manual and any other relevant States of Jersey policies.

5. Due diligence procedures should be undertaken with regard to any proposed loan to third parties, culminating in a formal assessment of the borrower's financial standing and an assessment as to whether or not the borrower is likely to be in a position to satisfy the terms of the loan.

6. States Bodies and Specified Organisations should have clear policies and procedures for credit control and must ensure that loan agreements are clear with necessary covenants in place to ensure recovery of the loan. Proper credit record checks for all potential third party borrowers should be done. This should include setting credit limits.

7. States Bodies should be able to justify loans that are on commercial terms and do not give the recipient an unfair competitive advantage in the market to organisations that compete with the Private Sector (e.g. Arm's Length Organisations).

8. States Bodies should ensure early discussion with Treasury and Exchequer when there is concern about the security of any of loans to third parties. 

9. States Bodies should consult Treasury and Exchequer regarding any proposals involving loan repayments and write offs.

10. Accountable Officers should ensure there is no activity carried out by their States Body that meets the definition of lending above unless conducted in accordance with the requirements of this section. E.g. offering extended credit terms to a specific person or organisation.

11. Total and annual lending by the States of Jersey should be monitored against the limits set out in the Law and Government Plan on a quarterly basis. 

12. All lending carried out under powers in the Law should be reported to the States Assembly as part of the Semi-Annual Updates.

Requirements

1. Decision making

Before a decision is made to consider lending in any form, Accountable Officers must consider the full financial implications (including tax implications) and compare these with other alternative courses of action. These implications should be considered over the whole life of the proposed loan.

2. Requesting funding

A States Body making a request for funds to make a loan must make a written request to Treasury and Exchequer. This request must include:

  • details of how making the loan will contribute to the States Body's Strategic Priorities
  • the proposed recipient of the loan
  • the amount of the loan
  • the purpose for which the loan will be used
  • the reasons (both financial and non-financial) for making a loan as opposed to any other course of action, including specific measurable objectives for the success of a loan
  • confirmation that the States Body is able to meet the cost of any interest subsidy plus the cost of repayments if the borrower defaults (if interest charged to the borrower is lower than that payable by the States Body) from within its approved expenditure
  • the period over which the loan will be repaid and the method of repayment
  • the proposed rate of interest to be charged
  • any other terms and conditions of the proposed loan
  • an assessment of the risk of non-repayment and confirmation that this falls within the risk appetite of the States Body
  • details of any security or guarantee to be taken in relation to the proposed loan

3. Risk management

In particular, the States Body requesting funds to make a loan must consider the risk to the States of non-repayment of the loan and should take appropriate security from the borrower on the amount lent if it is deemed appropriate. These considerations should be documented. In the event that security is taken a process for regular valuation (at least annual) of such security should be put in place alongside details of action to be taken in the event that the value of security is lower than the outstanding loan amount. In the event of default the outstanding balance, following the liquidation of any security will be debited against the approved expenditure of the States Body requesting funds to make a loan.

4. Security

All States Bodies should, where it would be practical and economic to do so, seek to establish a security (e.g. a fixed or floating charge) covering a loan to the Private Sector.

5. Lending limitations

It is the responsibility of the States Treasurer to ensure that limits on lending in the Public Finances Law or Government Plan are not exceeded without the prior approval of the States Assembly. Under the Law the Minister can lend up to £3 million in a financial year. The total outstanding amount of lending of this type at any given time must not exceed £20 million.

6. Surplus funds

Where the borrower has genuinely accrued surplus funds and proposes an early repayment, it must be agreed with Treasury and Exchequer beforehand. Such an agreement should also specify the applicable interest and principal amount payable and any early repayment penalties. 

7. Change of status

All loan agreements should include a clause such that should the borrower’s status change from Public to Private Sector, the loan must be repaid unless agreed otherwise with the States Treasurer. The timing and amount to be repaid must be agreed with Treasury and Exchequer.

8. Finance costs

All costs of financing the loan must be met by the States Body making the loan. The States Body requesting funds to make a loan will be charged interest on the sum lent at a rate as negotiated between the States Body and Treasury and Exchequer. If the rate received by the States Body exceeds the agreed rate the additional interest should be credited to the Reserve.

9. Accounting

The loan and any interest payable and receivable must be accurately reflected in the appropriate States Body’s accounts.

10. Reporting

When requested, Accountable Officers must submit promptly to Treasury and Exchequer information which is compliant with the Jersey Financial Reporting Manual and complies with the relevant States of Jersey accounting policies for all loans for the completion of the annual accounts. When requesting the information, Treasury and Exchequer will specify the format and content to ensure compliance.

11. Outstanding loans

Treasury and Exchequer will compile information from Accountable Officers on all outstanding loans on a six monthly basis for onwards reporting to the States Assembly by the Minister for Treasury and Resources.

12. Controls

Stricter controls should be applied when lending to organisations that compete with the Private Sector or those that are operating in commercial markets such as Arm's Length Organisations for the following reasons:

  • to avoid distorting competition in the markets in which these organisations operate
  • to deliver value for money for Treasury and Exchequer as a whole by maximising the efficiency and minimising subsequent cost of funds

13. Guarantees

Where guarantees are required during the lending process, the States Body should follow the guidance provided on guarantees in the Financing section.

14. Underperforming loans

Accountable Officers must notify Treasury and Exchequer whenever there is an indication that a loan may be underperforming, and agree the appropriate remedial action. Underperforming loans must be reported to Treasury and Exchequer on a monthly basis in the manner prescribed.

Investments

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and applies to all Investments made by Treasury and Exchequer or States Bodies, subject to relevant schemes of delegation.

This section applies to all investments administered by the Government of Jersey. The following is a non-exhaustive list of funds which currently hold investments:

  • Strategic Reserve Fund
  • Social Security (Reserve) Fund
  • Long-term Care Fund
  • Consolidated Fund
  • Currency Notes and Coinage Fund
  • Stabilisation Fund
  • Health Insurance Fund
  • Jersey Reclaim Fund
  • Various Trust and Bequest funds

The investment strategies and governance arrangements of the Pension Funds are subject to specific legislation. Accordingly, their investment strategies are outlined in separate published documents issued by their governing bodies.

This section also provides guidance on the expected requirements for staff administering investments, specifically:

    • what constitutes an investment
    • who is empowered to carry out investment management
    • limits around investment management activity
    • governance structure for investment management
    • the process for carrying out investment management (to include, selection/retirement of Investment Managers and advisers, reports to the States Assembly and Government of Jersey)

Users of this section should refer to other relevant sections of the Public Finances Manual. Specifically this includes:

    • funds
    • income

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

    • funds invested are mismanaged
    • the return on the funds invested are insufficient to meet the States or Government of Jersey’s Strategic Priorities
    • funds are not invested in accordance with the States or Government of Jersey’s risk appetite or investment strategy
    • public funds are invested without the appropriate authorisation
    • funds are placed in investments that are not in line with the ethical values of the States or Government of Jersey
    • investments are not accurately recorded or reported

Principles

1. Investments should be made in accordance with the States of Jersey’s risk appetite and investment strategy. In appointing Investment Managers to make investments on behalf of the States of Jersey, necessary steps must be taken to strike a balance between risk and return. 

2. The Minister for Treasury and Resources is responsible for the investment of money held by the Government or a States body. The Treasurer is responsible for ensuring that investment is carried out in line with the Minister’s Investment Strategy. 

Requirements

1. Authority to invest

The States Treasurer and Minister for Treasury and Resources are responsible for carrying out investment management in line with the Minister’s investment strategies presented to the States Assembly. Only Treasury and Exchequer staff can implement the investment decisions under the approval of the States Treasurer or Minister for Treasury and Resources. No other States Bodies are authorised to carry out investment management.

2. Investment Strategy

The Minister for Treasury and Resources must develop investment strategies for the funds with investable assets in excess of £1m for which they are responsible and present any review of those strategies to the Government of Jersey as soon as practical.The investment strategies must be monitored by officers of Treasury and Exchequer : Treasury and Investment Management on a regular basis. A programme should be maintained to ensure an appropriate periodic review of strategies is undertaken to confirm they remain appropriate. This should consider the minimum frequency with which reviews are undertaken and, where factors such as macro-economic shocks or other indicators of increased risk occur, consideration should be given to more frequent reviews.Where new funds are created either in legislation or via a States proposition consideration must be given as to whether these funds will hold monies over a long period of time, i.e. in excess of 2 years. In this situation, funds must have investment strategies developed to effectively manage the monies, maximizing returns within the agreed risk appetite and cash flow requirements.

3. Further considerations for investment strategiesWhen investment strategies are created for new funds, the following should be considered:

  • the strategic objective that the fund is seeking to achieve
  • the lifespan of the fund
  • the timing of cash flows and when money is likely to be required to be distributed
  • the risk appetite for the fund versus desired returns
  • if the fund is suitable for carrying out its investment in the Common Investment Fund
  • in the case of Trust funds, whether there are there any other parties which should be consulted in terms of their aspirations of fund returns (e.g. Trustees (such as Jurats acting as administrators), Trust Protector or separate Committees looking after the administration of the funds)
  • the appropriate fund benchmark(s) and performance targets that should be utilised during the life of the fund to measure performance
  • whether the fund should be prevented from investing in certain areas (e.g. Jersey) or asset classes in case of there being an economic downturn or for other specific reasons such as failing to comply with the Minister’s Responsible Investment Policywhat asset class diversification is required
  • whether there are any taxation implications which should be considered

4. Investment advice

The creation of investment strategies must be led by Treasury and Investment Management in consultation with other relevant States Bodies, the States of Jersey’s Investment Advisor and the Treasury Advisory Panel (which provides independent advice to the Minister and Treasurer). The States of Jersey’s Investment Advisor may be appointed by the Minister for Treasury and Resources to provide advice on the selection, monitoring and termination of Investment Managers, as well as the investment strategies of the funds. However, the Minister for Treasury and Resources and the States Treasurer remain responsible for the safeguarding and performance of the investments. The appointment of the States of Jersey's Investment Advisor should be undertaken in accordance with standard States of Jersey procurement practices and care should be taken to ensure appropriate due diligence is conducted and that there are provisions for the termination of the contract in the event of underperformance. In particular, consideration should be given to how an Investment Manager’s contract can be terminated in the event that they are removed from the States' Investment Advisors “buy-list”.

5. Appointment of Investment Managers

All Investment Manager appointments should be carried out in line with the Government of Jersey’s procurement process with the following exceptions;  

    • It is not required to an open tender to appoint new investment managers. Given the reliance placed on Investment Advisors’ operational due diligence assessment of potential managers, it is impractical to run an open tender for mandates given the high costs required to gain equivalent comfort over the internal controls of a manager unknown to the advisor. Secondly the complexity of portfolios requires the advisor to assess potential managers’ characteristics, including historic holdings, concentrations and correlation compared to existing managers in the portfolio. Obtaining, cleansing and validating data before the quantitative assessment across an open tender would be unnecessarily expensive.
    • It is not required to use a standard Government of Jersey Contract. Managers have complex and bespoke contracts specific to the service they provide. These contain a number of regulatory constraints and the standard Government of Jersey contract is not an appropriate proxy.
    • It is not required to include a set contract end date. Given the long term investment horizon of managers and the high cost of replacing managers a fixed term contract is not an appropriate mechanism for ensuring value for money.

Managers are instead subject to ongoing review to ensure they remain ‘best of breed’ and value for money. 

The appointment of Managers is expected to be subject to recommendation by members of the Treasury Advisory Panel and the process managed by officers of Treasury and Investment Management. It is expected the States Investment Advisor will recommend potential managers for review by the Panel.

For larger mandates, consideration should be given to appointing more than one Investment Manager.

Further due diligence must be carried out by officers of Treasury and Investment Management prior to the appointment of an Investment Manager, which comprises as follows:

    • legal due diligence – The Law Officers’ Department or external lawyers and the Government of Jersey’s Investment Advisor should provide views on legal and technical details for the contract. For the Pension funds, external lawyers may be used instead of the Law Officers’ Department
    • seek Investment Advisors relevant external benchmarking data for the short listed managers to supplement information gathered in the tender process in order to ascertain if there are any likely perceived risks – financial, organisational, systems, etc. Priority should be given to Investment Managers who are Buy-Listed by the Government’s Investment Advisor; consideration, however, should be given to the relationship with such Managers, should there be a downward rating. This should be addressed in the terms of reference

Prior to entering into a new contract, a Ministerial Decision or States Treasurer’s Decision must be prepared and authorised, appointing the new Investment Manager.

6. Pooling

All or any part of the money that the Minister is responsible for investing may be pooled and invested in the name “Treasurer of the States on behalf of the States of Jersey – Common Investment Fund”. However, money of a States Fund must not be invested in a manner that is inconsistent with any applicable enactment or instrument that established the Fund and money held in trust must not be invested in a manner that is inconsistent with the trust.

7. Investment monitoring

The Committee or Panel must monitor investment performance regularly. As a minimum, investments should be monitored on a quarterly basis by the Committees or Panel. Monitoring may include considering and verifying the following:  

  • the investments are being managed in accordance with the appropriate regulations and terms of reference
  • how the investments have performed over the last quarter compared with appropriate pre-determined benchmarks and performance targets
  • how the investments have performed over the last year compared with appropriate pre-determined benchmarks and performance targets
  • how the investments have performed over the last three years compared with appropriate pre-determined benchmarks and performance targets (this is only appropriate where long-term performance is relevant)
  • the economic, market and political factors that should be taken in to account when considering performance (this view is usually provided by the investment advisor)
  • how the individual investment managers have performed against the benchmarks set
  • whether there have been any ownership, management or organisational changes or reputational issues for Investment Managers which could put the stability of investments at risk
  • whether there have been any significant changes in relation to the longevity of the fund and or a change in its direction which may require a change in the long term investment strategy for the fund – and whether the benchmarks or the strategic ranges should be changed as a result
  • whether the safe custody arrangements remain robust and continue to safeguard the assets of the funds at risk

8. Performance meetings

On a regular basis all investment managers must be asked to attend performance meetings to discuss the performance of the assets they manage and share their vision for the future of these funds’ investment returns. This will typically be on a three year rolling cycle unless the investment manager is downgraded by the Government’s Investment Advisor or are deemed to warrant additional attention either by the Treasury Advisory Panel or officers of Treasury and Investment Management, in which case they should be invited to attend a meeting as soon as is practical to determine how to proceed.

9. Further duties

The Committee or Panel are responsible for considering performance of the investment managers and must make a timely recommendation for the termination of a manager to the States Treasurer or Minister for Treasury and Resources when that manager continually underperforms. In addition to the monitoring of performance by the Committee or Panel, Treasury and Investment Management must

  • put in place an appropriate risk matrix with associated mitigations and controls to ensure that all of the funds’ investments are being managed in accordance with mandates.
  • ensure that investment managers reconcile asset balances with custodians , within the agreed tolerance range for the asset class (which is set by the States Treasurer)
  • prepare regular performance reports in the prescribed form for all States of Jersey funds and circulate them to the relevant Committee or Panel and officers of the States of Jersey, including the States Treasurer
  • review the underlying assets of the funds and ensure they continue to be invested in accordance with the Minister’s published investment strategies
  • challenge investment managers where appropriate in relation to performance
  • prepare a performance report for all States of Jersey funds and present it to the States of Jersey in a timely manner for inclusion in the six-monthly update delivered by the Minister for Treasury and Resources to the States Assembly
  • notify custodians of any changes to the benchmarks and their weightings, in a timely manner before they prepare the monthly performance reports. Changes to benchmarks and weightings should be prepared in consultation with the States' Investment Advisor  

Income

Fees and charges

Introduction and background

This section applies to all States Bodies defined in the Public Finances (Jersey) Law 2019 and addresses how these Bodies can effectively introduce new charges for services that have not been previously made and make adjustments to existing charges in line with the States of Jersey’s requirements. The fees and charges covered by this section are not those relating to Tax, Impôts duties, Goods and Services Tax, Stamp Duty, Social Security contributions nor fines and penalties.

All new "user pays" (which exclude leases, rentals and sales/charges based on a commercial basis) must be approved by the States Assembly in accordance with P.63/2003 : States Approval for new "User Pays" charges.

Leases, rental, and similar charges should be levied at the market rate. A States Body should seek legal advice prior to agreeing fees of a commercially sensitive nature which will not be disclosed.

The States approved Anti-Inflationary Strategy (P.125/2000 refers) specifies that all increases in States' charges in excess of 2.5% must be approved by the Minister for Treasury and Resources, unless already approved by the States Assembly.

Fees and charges should be calculated on an accruals basis, including overheads, depreciation (for example, for start-up or improvement costs) and the cost of capital. Some costs associated with a service may be incurred by another States Body and, in these instances, it is important that there is discussion with the relevant Head of Finance Business Partnering at an early stage.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically these include:

  • expenditure 
  • income
  • Government Plan

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include: 

  • charges could be made which are “ultra vires” or illegal
  • inaccurate calculation of fees and charges leading to profits (which is, in some circumstances, ultra vires)
  • expenditure is not reviewed
  • services to specific groups of users being subsidised which may be contrary to agreed public policy
  • loss of value to the States or Government of Jersey due to inappropriate levels of subsidy on fees and charges
  • increased fees and charges could be detrimental to the States’ Strategic Priorities where the fees and charges influence activities or behaviours contrary to intended Strategic Priorities 
  • fees and charges are subsidised on discretionary services provided in competition with the private sector

Principles

1. Plans for the significant changes to/introduction of new fees and charges should, where practicable, be included in proposals for the Government Plan.

2. The levying of fees and charges should ensure accountability for goods and services consumed (the 'user pays' principle) whilst avoiding unnecessary bureaucracy and should result in minimal cost to the States of Jersey in terms of processing and administering transactions.

3. A profit should not be made on the costs of providing a service.

4. Where a service is provided in competition with the private sector, a proper assessment of the level of competition, market rates and potential risks associated with the service should be undertaken and effort should be made to mitigate such risks and derive an appropriate level of income from the service.

5. Charges should not normally be made for services which are delivered to the population as a whole and which the public can not choose whether to use. They should only be considered where they benefit a specific group or where a fee or charge would drive the behaviour of users ("user pays").

6. Where a States Body intends to significantly increase an existing charge or introduce a new one, the potential recipients should, as far as possible, be consulted if practical to do so.

7. States Bodies should not be disadvantaged by having to meet increased external costs without being able to recover them through increasing charges (where charging is appropriate).

8. An increase in charges to external customers should not be dismissed simply because the increases would also fall on internal customers. Where an increase occurs outside of the Government Plan process, it may be appropriate for the charging States Body to transfer sufficient budget to the paying States Body to meet the increase in charges. Any budget transfer must follow the procedures set in the Changes to Head of Expenditure area of the Manual.

9. A States Body should have robust systems in place for controlling stock for resale. It is recognised that there may be circumstances where it is appropriate for old or obsolete stock to be sold at a loss rather than it being written off.

10. A States Body should have proper justification for introducing fees and charges.

Requirements

1. Approvals of new “user pays” charges

All new “user pays” charges (excluding leases, rentals and sales or charges based on a commercial basis) must be approved by the States Assembly.

2. Mechanism to approve fees and charges

Before introducing a new/fee charge Accountable Officers must check to establish if there is an existing mechanism for levying that fee/charge:

  • statutory powers may exist which enable fees and charges to be levied for a service to either cover costs or to make a profit. If necessary, advice should be sought from the Law Officers’ Department where uncertainty exists
  • If the service is of a commercial nature eg a customer relationship in the ordinary sense of the word then charges can be made and commercially. For example, States owned land may be leased out at a market rate; children’s parties held in Fort Regent can be charged at what the market will bear; retail sales such as the sale of sports equipment from Sports Centres can be sold at a profit

Fees and charges can be levied outside of these areas but where new ones are considered appropriate advice must be secured from the Law Officers' Department.

3. Increase of fees/charges in excess of 2.5%

An Accountable Officer must ensure that approval of the relevant Minister and the Minister for Treasury and Resources is gained for all annual increases in excess of 2.5% (except where leases and rentals are made at market rate or where sales/charges are based on a commercial basis).

Fees and charges specifically included in the first year of an approved Government Plan or previously approved by the States Assembly are deemed to have received the above approvals. Treasury and Exchequer may be consulted in the case of any query.

4. Increase in fees/charges of 2.5% or less

Annual increases in fees and charges which are 2.5% or less must be approved by the increasing States Body’s Minister where there is no Minister the Minister for Treasury and Resources must be consulted prior to any increase.

5. Basis for fees and charges

The standard approach for setting fees and charges for public services must be full cost recovery (including on-costs such as depreciation). Where full costs are not recovered an Accountable Officer must ensure that there is a formal decision setting out either an agreed plan to achieve full cost recovery within a reasonable time period or decision to charge less than full cost. 

Exceptions to the standard approach include but are not limited to the following:

  • subsidised services: examples are where a subsidy is provided to a third sector organisation to enable that organisation to function properly and not be a burden on the States of Jersey, discounts to support vulnerable groups i.e. those over or under a certain age. Decisions of this nature must be documented and periodically reviewed and reconsidered
  • discretionary services provided in competition with the private sector: where a commercial rate is normally charged. In determining such rates, consideration should be given to the level of competition, the market prices of competitors and the potential risks to the States of Jersey
  • regulatory services where a licence fee is often set to recover associated costs such as supervision by a regulator
  • legal services costs where the imposition of full costs is likely to inappropriately limit access to justice

6. Review of costs

From the Government Plan 2023 to 2026 preparation process an Accountable Officer must ensure that there is a review of the necessity and appropriateness of offering a service which is charged for. The review must document the Department’s policy on the appropriate fees or charges and whether to charge at a uniform rate for all varieties of a service or having different categories of service costing different amounts to provide. 

7. Transfer of budget to area being charged

In instances where a new fee or charge is introduced during the course of a year and this affects another States Body’s head of expenditure it may be appropriate for the charging area to transfer the relevant budget to the area to be charged for the service. Any budget transfer must follow the procedures set in the Changes to Head of Expenditure area of the Manual. Where there is any dispute about the level of funding to be transferred this must be referred to the Treasurer of the States, who will decide upon the approach to be adopted.

8. Goods and Services Tax (GST)

GST must be correctly charged on fees and charges and remitted to Treasury and Exchequer to the set deadlines. 

Income

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and provides advice on the efficient and effective collection, recording and, where applicable, recovery of income realised from, inter alia, fees, charges and retail sales and from the States Trading Operations. Income from Income Tax, Goods and Services Tax, Stamp Duty, Social Security contributions and any other similar sources is not covered by this section.

The Treasury and Exchequer's Shared Services Centre provides an income collection and debt management service which should be used by Government and States of Jersey departments. Responsibility for the identification of income receivable lies with the relevant States Body and includes responsibility for ensuring compliance with any statutory authority. On an exceptional basis Departments may have their own income collection service but these must have been approved by Head of Shared Services Centre.

Details of the services provided by the Shared Services Centre are found in the Centre's Order to Cash and Debt Policies. The Shared Services Centre is responsible for the raising of invoices and collection of income, including debt recovery and accounting for internal and external transactions. They are also responsible for banking policy, that the appropriate safeguards are in place and that income is accounted for completely and accurately in a timely manner.

The Customer and Local Services Department provides customer facing cashier services including the receipt and safeguarding of cash.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • banking
  • government plan
  • cash
  • expenditure
  • losses and write-offs
  • fees and charges

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include: 

  • income is not collected or banked
  • customers are incorrectly charged leading to reputational damage to the States and/or Government or loss of income
  • income generating activities are set at the wrong price levels leading to losses to the States, unfair competition with the private sector or excessive profits
  • income is misallocated, understated or overstated due to ineffective recognition, monitoring and management processes.

Principles

1. An adequate framework should be established for the effective collection, recording and recovery of income due to a States Body. 

2. Where the administration of a specific type of income is addressed in any Law, such income should be administered in line with the requirements of that Law.

3. All income due to the Government and States should be promptly collected and banked.

4. When considering legal action to recover income due, the costs of that action should be considered against the income which is likely to be collected. Where appropriate legal advice should be sought.

Requirements

1. Income collection process

Accountable Officers must ensure they are responsible for ensuring that their States Body either uses the income collection service provided by the Treasury and Exchequer's Shared Services Centre or that they maintain an income collection process within their States Body which has been approved by Head of Shared Services Centre. The service must identify and promote the most efficient ad economic methods of income collection, for example the use of bank transfers over cheque/cash payments.

2. Scheme of Delegation

Regardless of the income collection process used an Accountable Officer must ensure that roles and responsibilities relating to income are clearly set out in the Scheme of Delegation. This must include the ability to authorise write-offs of income due where all other channels of collection have been considered.

3. Documentation

An Accountable Officer must ensure that there is appropriate documentation, which may include manuals, guidelines and other relevant instructions, within their area of operation for the identification and collection of all income for which the States Body is entitled. 

4. Segregation of duties

To be effective the accounting system for the collection of income must build in strict segregation of duties.

Where the Treasury and Exchequer's Shared Services Centre provides the income collection and debt management services to a States Body the Treasurer of the States must ensure that the required segregation of duties are in place. In those instances where it is not possible for segregation of duties there must be alternative management controls to ensure income is properly and fully accounted for.

5. Policy for recovery of overdue accounts

All invoices raised by the Treasury and Exchequer's Shared Services Centre will also use their debt management service. An Accountable Officer must ensure that they use this debt management service or have in place departmental policies to cover the recoverability of overdue accounts receivable and undertake aged analysis of overdue accounts at regular intervals. Consideration must also be given to the requirements of the Losses and write offs section of the Public Finances Manual when income is irrecoverable.

6. Internal controls

An Accountable Officer must ensure that there is a regular review of the performance of internal controls to ensure that the correct amount of income is recognised and recorded

7. Debt Write-off

An Accountable Officer must ensure that appropriate actions are taken before debt is written off. Any write-offs must be in line with the relevant scheme of delegation. The requirements set in the Losses and Write-offs section of the Manual must also be followed.

8. Under-recovery of income

An Accountable Officer must ensure that heads of expenditure approved by the States Assembly are not exceeded and if estimated income levels are not achieved that there is either a corresponding reduction in expenditure or a submission is made for funding from the Reserve head of expenditure as detailed in the Section on this.

9. Use of additional income

In instances where a States Body can generate income in excess of the sum approved in a Government Plan and wishes to make use of all or any of this sum the Accountable Office must ensure that the prior relevant approval, in line with the Manual's section on Changes to heads of expenditure has been gained.

10. Monitoring and management of income

In relation to the monitoring and management of income, Accountable Officers* must ensure:

  • that the States Body has a system for reconciling collections to the receipts records and investigating any notable differences. Similarly, a policy must be agreed regarding differences in daily cash collected and the total daily receipts. Proper physical security of cash and receipt books must be observed at all times
  • that a monthly reconciliation of income recorded against the amount budgeted is carried out to ensure the proper forecasting of income
  • that variances identified during reconciliations of income to budget are investigated and measures put in place to review reasons for variations.

*This role will be carried out the Treasurer of the States for those States Bodies which use the services offered by the Treasury and Exchequer's Shared Services Centre.

 11. Goods and Services Tax (GST)

GST must be charged and collected in line with the relevant legislation and paid over to Treasury and Exchequer as appropriate.

Internal recharges

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and provides advice on the circumstances in which it is appropriate to levy an internal recharge for the provision of a service. 

An internal recharge is the transfer of expenditure within the States of Jersey in relation to the provision of goods and services, i.e. a transfer of cost from the provider to the internal States of Jersey customer or user. Recharges can be made between States Bodies and also within a States Body. 

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • government plan and budgeting
  • expenditure 
  • income
  • fees and charges 

In addition to the common risks identified in the Background and introduction section of the Manual a number of significant risks relating to this section include:

  • internal customers are incorrectly charged
  • internal recharges are introduced which have not been discussed with the recipient
  • income is misallocated, understated or overstated due to ineffective recognition, monitoring and management processes 
  • inaccurate calculation of internal recharges leading to profits on services
  • expenditure is not reviewed
  • that the cost of imposing an internal recharge outweighs the benefit of imposing a charge

Principles 

1. Estimated income arising from internal recharges should be included in proposals for a Government Plan (see Government Plan and budgeting section). 

2. Internal recharging within the States and or Government of Jersey should ensure accountability for goods and services consumed (the 'user pays' principle) whilst avoiding unnecessary bureaucracy.

3. Internal recharging should result in minimal cost to the Government and States of Jersey in terms of processing and administering transactions.

4. The standard approach for setting internal recharges should be full cost recovery. The rationale for setting internal recharges below this level should be documented. 

5. Decisions on internal recharging policy should be made with the same care, and to similar standards, as those for levels of fees and charges. There should be a demonstrable value in levying internal recharges.

6. Internal recharges should be fair and equitable and the imposition or increase of an internal recharge should not be used in place of reviewing expenditure levels and is not a justifiable way of reducing costs to meet financial expenditure limits. 

7. Internal recharges should be calculated on an accruals basis, including overheads, depreciation (for example, for start-up or improvement costs) and the cost of capital. When considering increases or decreases to internal recharges a body should have proper justification as to the necessity of doing so.

8. Profits should not be made on services. The income from internal recharges should not exceed the full cost of delivering the service. Where costs of providing a service have been reduced or increased, a reassessment must be made as to whether the level of any internal recharge made is appropriate. 

9. Internal Recharges should be transparent with consultation between the service provider and the receiver of the service in order that both readily understand the nature of the costs and thereby avoid surprises in the imposition of the costs. Recharges for services should be supported with an appropriate Service Level Agreement (SLA) between the 2 parties.

10. Internal recharges should be sustainable with the level of service and the means of recharge both well understood, predictable and realistic.

11. States Bodies should not be disadvantaged by having to meet increased external costs without being able to recover them through increasing internal recharges.

12. States Bodies should review services to ensure that where costs can rightly be recharged this happens. Appropriate documentation should be retained to support those instances where an internal recharege could have been made that hasn't been.

Requirements

1. Implementation of new internal recharges

The imposition of a new internal recharge must not be used as a means of circumventing spending limits approved in a Government Plan. The service provider must be able to demonstrate that there is value to the organisation in levying internal recharges. No recharge can be made without the agreement of the Accountable Officer of the receiving head of expenditure or body. In the event that the charging and receiving parties are unable to agree on the introduction of a new recharge the matter must be referred to the Treasurer of the States (or appropriate delegate), who will decide upon the approach to be adopted.

2. Transfer of budget to area being charged

In instances where an internal recharge is introduced during the course of a year and the area receiving the recharge is part of a head of expenditure it may be appropriate for the charging area to transfer the relevant budget to the area to be charged for the service. Any budget transfer must follow the procedures set in the Changes to head of expenditure area of the Manual. 

3. Increases in internal recharges

All increases must be notified in advance of imposition to the Accountable Officer of the receiving head of expenditure or body. Increases in excess of 2.5% must be approved by the Treasurer of the States (or their delegate). In the event that the charging and receiving parties are unable to agree on an increase the matter must be referred to the Treasurer of the States, who will decide upon the approach to be adopted.

4. Service Level Agreements

Where recharges are made between heads of expenditure, Accountable Officers must ensure that appropriate (reflecting the type and level of recharge) Servcie Level Agreement (SLA) is drawn up between the parties involved. SLAs must be reviewed at intervals to be agreed between the parties involved.

Trading operations

Introduction and background

This section applies to all States Trading Operations as defined in the Public Finances Law and provides information and guidelines relating to the financial administration of States Trading Operations. It includes details relating to:

  • designation as a States Trading Operation
  • establishment of a fund relating to an States Trading Operation and the use of such funds
  • use of a Trading Fund
  • financial returns and estimates
  • borrowing by Trading Operations

A States Trading Operation is a Body which has been designated as such by the States Assembly by approving a Government Plan. Designation as an States Trading Operation means that the Body will not operate a head of expenditure in the same way as a States Body, and will not have a revenue budget allocated to it by the States Assembly in the Government Plan. The States Assembly agrees the estimated income and expenditure of each States Trading Operation for each year and its forward capital programme (including Major Projects). The States Trading Operation effectively becomes self-funding. With the agreement of the Minister for Treasury and Resources, it may retain any surplus of income over expenditure and must fund its own capital expenditure (unless the States Assembly agrees to do so) and is not subject to requirements under the Public Finances Law to seek approval to have unspent funds at the end of the year reallocated to them from the Reserve in the following year. The States Trading Operation may be required to make a contribution in any year to the general revenues of the Government of Jersey.

The Accountable Officer of the Trading Operation, or, if an Accountable Officer has not been appointed for the Trading Operation, the Accountable Officer of the department which the Trading Operation reports to, is responsible for ensuring that this section is complied with.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • financing 
  • expenditure
  • funds
  • major projects

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • the States Trading Operation may not generate sufficient income to meet its costs or capital expenditure requirements
  • the operations of the States Trading Operation may have an unanticipated effect on competing private enterprises
  • the planned income, expenditure and capital programmes of States Trading Operations may not be appropriately nor comprehensively prepared and authorised
  • expenditure may be made from trading funds which has not been authorised
  • borrowing made by States Trading Operations may not be properly authorised
  • activities of States Trading Operations may not be accurately reflected in the States’ Financial Report and Accounts

Principles

1. States Trading Operations should make a financial return to general revenues unless agreed otherwise by the Minister for Treasury and Resources.

2. The financial performance of States Trading Operations should be accurately reflected in the States’ Annual Financial Statement.

3. States Trading Operations should not compete nor be perceived to compete unfairly with private enterprises engaged in the same trade.

Requirements

1. Designation as a States Trading Operation

In order to establish an area as a States Trading Operation, the Council of Ministers must include proposals in a Government Plan for debate by the States Assembly. The proposals must detail:

  • the area of States operation which constitutes the States Trading Operation
  • the exact nature of trading to be undertaken

The Minister responsible for the area requesting States Trading Operation designation must make a full case to the Council of Ministers as to why States Trading Operation status should be granted. Any request for such designation should include:

  • an explanation as to why the operation should be classified as a States Trading Operation
  • details of the benefits (financial and non-financial) to be gained from granting such an States Trading Operation status
  • a business plan for the States Trading Operation setting out expected income, expenditure and including funding for major projects requirements

2. Balances on a trading fund

In circumstances where the income generated by a Trading Operation does not cover its negotiated financial return and its annual revenue expenditure, it must meet the deficit from its trading fund.

The States Treasurer may determine the interest rate to be paid on any positive balance of funds in a trading fund or charged on any negative balance. The States Treasurer must determine the times at which any interest receivable and payable will be credited or debited. 

3. Financial planning

Financial returns and estimates of the income, expenditure, surplus and financial return of a States Trading Operation as well as the amount to be transferred to the Fund and the States Trading Operation’s Major Projects expenditure plans must be subject to discussion and determination between the Minister responsible for the trading operation and the Minister for Treasury and Resources and will be based upon business plans presented by the Minister responsible for the Trading Operation and will be approved in the Government Plan.

Any income earned by a States Trading Operation in a financial year in excess of its expenditure for a particular year must be paid into the States Trading Operation’s fund.

4. Financing (Borrowing) by States Trading Operations

The States Trading Operation must approach Treasury and Exchequer with any requests for any financing (borrowing). Requests should be made in line with the section on Financing.

5. Financial Administration

Unless the Minister for Treasury and Resources requests otherwise, each States Trading Operation must prepare an Annual Financial Statement in respect of its accounts and operations. These must be delivered to the Minister for Treasury and Resources within the timeframe required for the completion of the Accounts (or any other period specified in the Treasury Instructions : Year-end Procedures). The statement must be prepared in accordance with the Jersey Financial Reporting Manual.

6. Accounting

Each States Trading Operation must maintain and regularly report, in the form prescribed by Treasury and Exchequer, a profit and loss account, a balance sheet including the balance of its Fund and a cash flow forecast.

Risk and audit

Risk management

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides guidance on how to achieve effective risk management.

Risk Management is defined as, all the processes involved in identifying, assessing and judging risks, assigning ownership, taking actions to mitigate or anticipate them, and monitoring and reviewing progress, this process is set out in detail in the Risk Management Strategy 2019.

The Principal Accountable Officer is responsible for ensuring that an appropriate approach to risk management is followed throughout the States of Jersey and various departments respectively and that systems are in place to identify and manage these risks.

Accountable Officers are personally accountable for the proper oversight of risk management within their area of control, the scope of which is defined in their letters of appointment.

The term risk appears frequently throughout the Public Finances Manual. For the purposes of the Risk Management Section risk is defined as something that could happen that might have an effect on the objectives of the States of Jersey in this context a risk is therefore an uncertain future event that can be either a negative threat or a positive opportunity.

The underlying premise of risk management is that every entity exists to provide value for its stakeholders, effective risk management helps us to identify and manage the risks thereby improving the likelihood of achieving our objectives. This is the first and overriding purpose of risk management.

Internal Control is defined as, any action, originating within the organisation, taken to manage risk. Control responses may be taken to manage either the frequency or likelihood of the risk being realised or the impact if the risk is realised.

The system of internal control is designed to provide reasonable assurance regarding the effectiveness and efficiency of risk assessment, acceptance, and management. There are five key components of effective controls:

  • maintenance of reliable systems
  • timely preparation of reliable information
  • safeguarding of assets
  • optimum use of resources
  • preventing and detecting fraud and error

Control activities are those actions that help ensure that responses to assessed risks, such as establishing standards of conduct in the control environment, and ensuring these are carried out properly and in a timely manner. Control activities serve as mechanisms for managing the achievement of our objectives and are very much a part of the processes by which we strive to achieve those objectives.

All employees have some responsibility for internal control as part of their accountability for the achievement of objectives. Collectively they must have necessary, knowledge, skills, information, and authority, to establish, operate and monitor the system of internal control.

Reputational Risk is failure to meet stakeholders' reasonable expectations of the organisation’s performance and behaviour. Reputational risk poses a threat or danger to the good name or standing of the organisation, as such all employees have a responsibility to help reduce the potential for reputational risk by actively promoting and following the 'Nolan Principles' described in the Glossary of the Public Finance Manual.

Principles

The Principal Accountable Officer and Accountable Officers should:

1. establish an appropriate 'Tone at the top' in respect of a shared set of attitudes where employees maintain high ethical values and act with integrity, thereby complying with laws and regulations and behaving in a principled manner

2. promote the consistent, comprehensive collaborative and proportionate approach to risk management through the Enterprise Risk Management (ERM) framework

3. ensure that States Bodies objectives are not adversely affected by significant unforeseen risks

4. ensure arrangements are in place to deal with the unexpected that might put service delivery at risk

5. promote an innovative, less risk averse culture that encourages the pursuit of opportunities as well as the management of threats

6. provide a sound basis for integrating risk management into decision making; and

7. embed risk management as a component of excellent corporate governance and management practices

Requirements

Accountable Officers must ensure that mechanisms are put in place and applied to:

1. review and note the States’ risk management strategy

2. identify and evaluate risks

3. identify any third party suppliers of goods and/or services that are in scope of risk management activities and establish appropriate monitoring and control requirements where necessary

4. assess acceptable risk

5. identify and implement suitable responses to risk

6. record and monitor risks using a suitable Risk Management Information System (RMIS) or risk register

7. document and assess the effectiveness of mitigating actions and controls

8. provide assurances that risks and their associated controls are regularly reviewed and action points carried out in a timely manner

9. escalate significant risks identified to the appropriate level of management

10. record and review near misses as part of the risk management process

11. provide training and awareness on risk management

12. ensure the effectiveness of risk policies and mandatory risk management requirements as applicable.

Internal audit

Introduction and background

The Internal Audit function provides an independent, objective assurance and advisory service necessary for continual improvement of the organisation’s business performance. It provides reasonable assurance that States Bodies’ financial and operational controls designed to manage the organisations’ risks and achieve the organisations’ objectives are operating in an efficient, effective and ethical manner.

On an ongoing basis, Internal Audit provides Accountable Officers with reasonable assurance that their organisation's risk management control and governance are adequate, effective and compliant with applicable legislation and other policy and procedures such as this Manual. It also functions as an important source of information and advice regarding areas of improvement and development. It helps the organisation accomplish its objectives through a systematic, disciplined approach to the evaluation and improvement of these processes. 

The States Treasurer is required under the Public Finances Law to establish a system of internal auditing in support of his requirement to ensure the proper stewardship and administration of the public finances of Jersey. The States Treasurer is also responsible for advising the Comptroller and Auditor General, as well as the Principal Accountable Officer (if appropriate), of the results of internal audits carried out under that system. 

The Treasurer must with the agreement of the Minister designate a person who is employed in the Treasury and Exchequer as Chief Internal Auditor.

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include:

  • the States or Government of Jersey is unable to meet its Strategic Priorities and outcomes due to inadequate risk management frameworks
  • the States or Government of Jersey suffers financial loss
  • the States or Government of Jersey suffers reputational damage 
  • the States or Government of Jersey suffers missed opportunities as a result of failure to identify, report and mitigate risks

Principles

1. An Internal Audit Charter will be maintained which will be approved by the Risk and Audit Committee, and will specify the purpose of the Internal Audit function, reporting lines, scope of activities, and responsibilities. An effective Internal Audit function will be based on the following core principles:

  • demonstrates integrity
  • demonstrates competence and due professional care
  • is objective and free from undue influence
  • aligns with the strategies, objectives, and risks of the organisation
  • is adequately resourced
  • demonstrates quality and continuous improvement
  • communicates effectively
  • provides risk-based assurance
  • is insightful, proactive, and future-focused
  • promotes organisational improvement

Requirements

1. Internal Audit's Conduct

The conduct of work by Internal Audit should be governed by the Public Sector Internal Audit Standards, which provide a benchmark against which the quality of Internal Audit in the UK public sector is assessed. The structure, authority and responsibilities of the Internal Audit function will be specified in the Internal Audit Charter.

2. The States Treasurer's Duty to Provide Resources

The States Treasurer must provide sufficient resources to meet his obligations under the Public Finances Law and to enable the person designated as Chief Internal Auditor to perform their duties to leading international standards.

3. The Head of Internal Audit's Responsibility for Internal Audit Plans

The Head of Internal Audit is responsible for preparing an internal audit plan in accordance with Public Sector Internal Audit Standards and with the Internal Audit Charter. The plan should be prepared on a rolling three year basis and be agreed with the Risk and Audit Committee and the States Treasurer. The plan should be revised at least annually and more frequently when there are indications that the risks faced by the States of Jersey in delivering their priorities have changed materially. The Head of Internal Audit can also carry out unplanned activity at any time to address identified risks.

4. Internal Audit's Internal Control System

Part of the duties of Internal Audit is to evaluate compliance with an organisation's internal control system, including relevant Regulations, guidance and procedures. However, leading international practice in the public sector is for Internal Audit to operate under an expanded remit, also covering such issues as reports against Key Performance Indicators, comparison of results against planned outcomes, and value for money when reporting.

5. Internal Audit’s Duties and Limitations

The Internal Audit function exists in order to assist the States of Jersey to achieve its Strategic Priorities. Internal Audit team members should, therefore, be a source of advice for Accountable Officers on issues such as governance and control. However, it is important that members of Internal Audit do not take responsibility for management decisions, executive functions, or the development of systems, as this would compromise their independence and present a conflict of interest. The Head of Internal Audit will refuse requests from management to undertake work that it is not appropriate for Internal Audit to undertake.

6. The Head of Internal Audit report

The Head of Internal Audit must prepare a report on any Internal Audit carried out on a States Body. A copy of this report must be sent to the Comptroller and Auditor General as well as the Accountable Officer of the organisation audited. The Accountable Officer also has overall responsibility for ensuring the States Body has appropriate internal controls, to ensure that effective action is taken based on the recommendations of an Internal Audit report, for recognising risks associated with inaction, and for compliance with applicable policies, procedures and regulations.

Accountable Officers and management must respond to draft Internal Audit reports in a timely manner (preferably within two weeks of receipt unless agreed otherwise with the Head of Internal Audit and provide specific timescales for implementing agreed recommendations. 

Internal Audit reports are confidential, and Accountable Officers and others on the circulation list for Internal Audit reports must not forward or circulate these reports to anyone else without first obtaining the permission of the Head of Internal Audit.

A report is also provided on a quarterly basis to the Risk and Audit Committee, the States Treasurer and the Chief Executive setting out the progress made to date on the Internal Audit Plan and key control issues noted.

The Head of Internal Audit will also prepare an annual report and opinion on the States of Jersey’s governance framework and internal control environment, based on audit work carried out in the year in question. This report will be presented to the Risk and Audit Committee to inform their review of the Governance Statement in the States of Jersey’s published annual report and accounts.

7. Considerations before auditing a States Body

When seeking to provide reasonable assurance that the States Body being audited will achieve its strategic objectives, Internal Audit should focus on the following key areas:

  • risk management 
    • how does the States Body approach risk management? Do they appropriately consider risks to the delivery of the States Body’s priorities in a regular and timely manner? Do they maintain a risk register and is it updated regularly? Do they regularly review and update the internal control environment as issues are identified? Is the States Body’s risk framework aligned with that of the Government of Jersey as a whole?
  • internal controls
    • how effective and efficient are internal controls in terms of the prevention and detection of error and misstatements?
  • operational effectiveness 
    • is the States Body successful at achieving its priorities when measured against agreed Key Performance Indicators? How could it achieve those priorities more efficiently? How will the States Body’s priorities change in the future?
  • use of resources
    • are the resources of the States Body used efficiently, effectively, and economically? Are personnel proficient within their roles and comfortable with their responsibilities?
  • compliance 
    • does the States Body comply with all applicable policies, procedures, laws and regulations? What gaps exist and how may they be remedied?
  • safeguards against losses 
    • what safeguards does the States Body have in place against losses, including those arising from fraud, irregularity or corruption? How effective are these safeguards?
  • data
    • what level of reliability can be attributed to the data used/processed by the States Body? To what degree of quality is the data collected? How could data collection procedures be improved?

8. Co-sourcing

Co-sourcing i.e. the use of external resources in specialist areas, or just to provide more flexible resources as needs arise may be employed by the Head of Internal Audit to deliver the internal audit plan. This should be done where it represents best value for the Government of Jersey. Arm’s Length Organisations should consider whether it is appropriate to establish their own internal audit functions based on the scale and complexity of their operations. The Head of Internal Audit will not be responsible for delivering internal audit services to these bodies, except where agreed with the Risk and Audit Committee, States Treasurer and the Accountable Officer responsible for the organisation.

9. Access to persons and information

The Head of Internal Audit and staff have unfettered right of access to all persons and information within States bodies. Any requests must be complied with.

10. Independent reporting arrangements

The person designated as Chief of Internal Audit has an unfettered right to report on specific matters direct to any of the following:

  • the Minister for Treasury and Resources
  • the Treasurer of the States
  • the Principal Accountable Officer
  • the Chair of the Risk and Audit Committee
  • the Comptroller and Auditor General
  • the external auditor appointed by the Comptroller and Auditor General

11. Internal and External Auditor’s Relationship

The internal and External Auditors should maintain a close working-relationship. The effectiveness of an audit, along with an efficient use of audit resources, will be enhanced by co-operation between these teams. However, it should be noted that the use in Internal Audit work of entities or individuals involved in the provision of External Audit services should be allowed only in exceptional circumstances. internal and External Audit functions should be kept separate to avoid conflicts of interest, and any possible threat to objectivity or independence.

Office of the Comptroller and Auditor General

Introduction and background

This section applies to the Office of the Comptroller and Auditor General, which is designated as a Non-Ministerial States Body in the Public Finances (Jersey) Law 2019 (the Law).

Funding for the Office of the Comptroller and Auditor General is provided by the States Assembly through approval of the Government Plan and the Office has its own Head of Expenditure.

The role of the Comptroller and Auditor General (C&AG) is created under the Comptroller and Auditor General (Jersey) Law 2014. Under this Law the Comptroller and Auditor General is required to provide the States with independent assurance that the public finances of Jersey are being regulated, controlled and supervised in accordance with the Public Finances (Jersey) Law 2019. This responsibility relates to the accounts of the States of Jersey and certain other States’ entities and wider aspects of the use of public funds. The Comptroller and Auditor General has a duty to consider and report on:

  • general corporate governance arrangements
  • economy, efficiency and effectiveness in the way resources are used
  • the effectiveness of internal controls

This responsibility extends to the States and to States Bodies. The Comptroller and Auditor General has a duty to ensure that the States accounts are audited and appoints external auditors to carry out this responsibility. The Comptroller and Auditor General liaises with, and attends meetings with, both the Public Accounts Committee and the States Risk and Audit Committee.

The Comptroller and Auditor General discharges their functions through the Jersey Audit Office.

The Office of the Comptroller and Auditor General recognises the importance of the control and governance arrangements in the Public Finances Manual, but due to the unique nature of its work has developed policies and procedures of its own which may differ from those in the Public Finances Manual.

The following statutory requirements highlight the unique nature of the Office of the Comptroller and Auditor General and provide the rationale for treating this area differently from other States expenditure:

  • the independence of the Comptroller and Auditor General in discharge of functions (Article 17(1) of the Comptroller and Auditor General (Jersey) Law 2014) 
  • the requirement for the States to provide sufficient resources to the Comptroller and Auditor General (Article 9(1) of the Comptroller and Auditor General (Jersey) Law 2014) 
  • exemption from Internal Audit coverage (Article 9(2) of the Comptroller and Auditor General (Jersey) Law 2014) 
  • duty to prepare own accounts subject to audit by an auditor appointed by the Chairman of the Public Accounts Committee (Article 19 of the Comptroller and Auditor General (Jersey) Law 2014)
  • establishment of a Board of Governors (Article 2 Comptroller and Auditor General (Board of Governance) (Jersey) Order 2015)
  • review and commentary on estimates (Article 5(4) and (5)(5) Comptroller and Auditor General (Board of Governance) (Jersey) Order 2015)
  • submission of amounts for inclusion in the Government Plan by Chairman of the Public Accounts Committee (Article (10) (1) Public Finances (Jersey) Law 2019)

The Requirements section lays out where the Comptroller and Auditor General complies with and differs from the arrangements set out elsewhere in the Public Finances Manual.

Principles

1. The Comptroller and Auditor General should be committed to their Office demonstrating the highest standards of governance and financial management, and ensuring the independence of the Office, including from the States of Jersey.

2. The Office of the Comptroller and Auditor General should comply with international auditing standards and with the Lima Declaration on the independence of Supreme Audit Institutions published by the International Organisation of Supreme Audit Institutions (INTOSAI). This provides that ‘Supreme Audit Institutions shall be entitled to use the funds allotted to them under a separate budget heading as they see fit’.

3. The Comptroller and Auditor General should ensure that they are not directed on how any function of the Office of the Comptroller and Auditor General is to be carried out. This includes processes and procedures laid down by Ministers or States employees. However, the Comptroller and Auditor General is legally obligated to liaise with the Public Accounts Committee when carrying out their functions, and to attend all meetings of the Public Accounts Committee.

4. The Office of the Comptroller and Auditor General should receive sufficient resources to fulfil its obligations, and the estimates put forward by the Chairman of the Public Accounts Committee must, in compliance with the Public Finances (Jersey) Law 2019, be included unaltered in the Government Plan lodged by the Council of Ministers.

5. Any amounts remaining unspent at the end of a financial year for the head of expenditure of the Office of the Comptroller and Auditor General should be transferred into the General Reserve. The Chairman of the Public Accounts Committee can request that amount be transferred back from the General Reserve to the head of expenditure of the Office of the Comptroller and Auditor General in the following financial year.

Requirements  

1. Accountable Officer

Under the terms of the Public Finances (Jersey) Law 2019 the Comptroller and Auditor General is the Accountable Officer for the funds allocated to the Office of the Comptroller and Auditor General. Although the Comptroller and Auditor General is responsible for the propriety and regularity of funds allocated and that these funds are used efficiently, effectively and economically they are accountable directly to the States and not to the Public Accounts Committee.

2. Oversight of the Office of the Comptroller and Auditor General

Although the internal controls and systems of the Office of the Comptroller and Auditor General are not subject to internal audit review by the chief internal auditor the Office is subject to strong governance review by a Board set up for this purpose under the Comptroller and Auditor General (Jersey) Law 2014. The Board scrutinises the use of the resources by, and the governance arrangements of, the Comptroller and Auditor General; and reports, to the Chief Minister and the Chairman of the Public Accounts Committee, any concerns it may have. The Board is also responsible for reviewing the audited accounts of the Comptroller and Auditor General and may prepare an assurance report upon the annual expenses of the Comptroller and Auditor General.

Further oversight of the Office of the Comptroller and Auditor General’s work is achieved through the legal requirement that the post holder has to prepare and publish (keeping it up to date) a report : “Code of Audit Practice” : setting out how they propose to discharge their functions under the Comptroller and Auditor General (Jersey) Law 2014. A full copy of which can be found on the Jersey Audit Office website.

3. Compliance in full with Public Finances Manual Jersey 

The Office of the Comptroller and Auditor General will comply in full with the following sections of the Public Finances Manual when circumstances require: 

  • Heads of Finance Business Partnering 
  • Assets
  • Leases
  • Foreign currency 
  • Reserve head of expenditure
  • Fraud
  • Expenditure to meet an Emergency
  • Covid-19 expenditure approved in a Government Plan

4. Majority Compliance with Public Finances Manual 

The Office of the Comptroller and Auditor General complies with the following sections of the Public Finances Manual with certain stated exceptions:  

Cash

The Office of the Comptroller and Auditor General has no income sources but may retain a cash float and would, if appropriate, comply with the relevant requirements of this Section except that the Scheme of Delegation (in requirement 1) will only be submitted to the Treasurer of the States for information purposes and not for approval. 

Banking

The Office of the Comptroller and Auditor General has no bank account but should this change they would need to comply with the relevant requirements of this Section except that there would be no justification provided as to why any new account demonstrated value to the States or Government of Jersey (requirement 1) and as with the Section on Cash the Scheme of Delegation (in requirement 3) would be submitted to the Treasurer of the States for information purposes only.

Expenditure and procurement

Whilst the Comptroller and Auditor General is not bound by the expenditure provisions of the Public Finances Manual, the Comptroller and Auditor General uses States of Jersey expenditure systems and complies with the relevant expenditure controls where appropriate. The Comptroller and Auditor General has established additional expenditure procedures and controls relevant to their office. In accordance with the Comptroller and Auditor General (Board of Governance) (Jersey) Order 2015, the Board of Governance for the Comptroller and Auditor General reviews whether they have used the resources provided to them under Article 9 of the 2014 Law properly, efficiently and effectively.

Changes to Heads of Expenditure

Full compliance apart from the second paragraph of requirement 6 under and overspends of revenue budgets. Any underspend at the end of the financial year should be transferred to the General Reserve and subject to a request from the Chairman of the Public Accounts Committee be available for allocation to the Office of the Comptroller and Auditor General for the following financial year subject to approval by the Minister for Treasury and Resources. The Office of the Comptroller and Auditor General will notify the Treasurer of the States if it becomes apparent that there is likely to be an overspend in the Office's budget and relevant processes to secure additional funding as set in the Public Finances Manual will be followed.

Special payments

Full compliance except that the Office of the Comptroller and Auditor General will notify the Treasury and Exchequer on payments which may fall into this category but the Office will not consult (as required in requirement 1) with Treasury and Exchequer on how to progress such a payment.

Annual financial statements

Separate Accounts must be prepared and audited for the Office of the Comptroller and Auditor General and these will be presented to the States Assembly. Information will be provided in the required format for inclusion in the States of Jersey’s annual financial statement except with requirement 2 of Semi-Annual Updates. Financial reports will be provided but will not focus on “progress against objectives”.

Government Plan and budgeting

There will be compliance with this Section but there will be no consultation with peers on matters including Strategic priorities. Expenditure proposals will be submitted by the Chairman of the Public Accounts Committee so that the Office of the Comptroller and Auditor General’s proposals are included as submitted in a Government Plan (and therefore not in line with requirement 1).

Losses and write offs

Full compliance except with requirement 2 of Consultation. The Treasury and Exchequer will be notified of any losses or write-offs but will not be consulted on how to deal with these.

Internal Recharges

There will be compliance with this section but where it is necessary to increase an internal charge there will be no consultation with the Treasurer of the States (as required by requirement 3).

5. Acknowledgement and exemption from compliance with the Public Finances Manual

The Comptroller and Auditor General acknowledges the contents of the following sections of the Manual and that they provide details on the governance structures within the States of Jersey but they do not apply to the Office of the Comptroller and Auditor General. Should the current situation change the Treasurer of the States must be contacted: 

  • Principal Accountable Officer 
  • Accountable Officers
  • Accountable Officers in Specified Organisations
  • Accountable Officers in Non-Ministerial States Bodies
  • Consulting Treasury and Exchequer
  • Arm’s Length Organisations
  • Major Projects
  • Grants and sponsorships
  • Fiscal Policy Panel
  • Funds
  • Financing
  • Lending
  • Investments
  • Projects
  • Trading Operations
  • Jersey Overseas Aid
  • Fees and charges
  • Internal Audit
  • Third Party assets
  • Acceptance of gifts and hospitality

Acceptance of gifts and hospitality

Introduction and background

The Government and States of Jersey place great import on the need to ensure that bribery and corruption has no part to play in the way that the Island is governed. This is evidenced in the Corruption (Jersey) Law 2006 which makes it a criminal offence for a public official to do or not do any act in relation to the official’s position, office or employment, for the purpose of corruptly obtaining any advantage, whether for his or her own benefit or for the benefit of any other person.

To support this Law this section provides guidance and requirements on how States Bodies should manage the receipt of gifts and hospitality and applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019. It applies to gifts and hospitality either given to, or offered to, any States of Jersey employee, Crown appointments and Non-ministerial officers (“States employee(s)”). This section does not apply to any type of grouped collection of money/gift given on behalf of pupils to a teacher, or another member of a school’s staff, as an end of term/year gift. The exception to this is where a teacher or another member of the school’s staff receive or are offered a gift with a value of £40+ from one individual household, in this instance the recipient must report and declare the gift in line with the requirements of this section.

Where the States or a States Body appoints a lay person on a voluntary basis to any Board or Panel they should consider including appropriate references to this Section of the Manual in the relevant terms of engagement.

Users of this section should also refer to other sections of the Manual that are relevant specifically this includes:

  • risk management
  • fraud

In addition to the common risks identified in the Background and introduction section of this Manual a number of significant risks relating to this section include:

  • that gifts or hospitality are accepted as an inducement to do or not do something
  • the Government's or States of Jersey’s reputation may be compromised as a result of poor practice and weak governance arrangements
  • creating a conflict of interest. For example, perceived as influencing a decision to award a contract, set policy or regulate a service
  • States of Jersey employees are not protected from unwarranted criticism from not following due process, best practice guidance or adherence to principles

More information on receiving gifts and hospitality is included in the States of Jersey Code of Conduct. Ministers and Assistant Ministers are bound by the Code of Conduct and Practice for Ministers and Assistant Ministers.

Gifts or hospitality received by, or offered to, employees must be recorded on the corporate gifts and hospitality register.

Principles

1. Employees should not accept a valuable gift or money for personal reward.

2. In all cases where a gift or hospitality is offered a test of reasonableness should be applied.

3. Employees should consider, in all cases, whether the gift or hospitality offered may implicate or cause the Government or States of Jersey or themselves reputational damage if details were in the public domain. For example, this could apply to gifts or hospitality given by a supplier, potential supplier, an Arm’s Length Organisation or grant funded body. 

4. Multiple gifts under the specified limit for disclosure should not be used as a means to avoid making a declaration in the Register.

5. Accountable Officers should ensure that there is a regular review of Gifts and Hospitality within their States Body with any concerns declared in the Corporate Governance Statement.

6. Internal Audit should carry out a yearly review and report the outcome of that review to the Treasurer of the States.

Requirements

Gifts and hospitality valued at £40 or more 

1. Declaration

Any gift or hospitality received (or offered but declined) with a cumulative value of £40 or more, must be declared in line with States of Jersey requirements and relevant approval sought.

2. Completion of online Gifts and Hospitality Form

Approval prior to accepting a gift or hospitality must be secured in line with Government or States of Jersey requirements. This approach is not always appropriate as refusal to accept a gift or hospitality may be seen as discourteous. For example, when a gift is given in recognition of, or gratitude for, a service provided by an employee(s) in the course of their duties. In these circumstances the gift or hospitality must be declared as soon as possible after receipt.

3. Approval of gifts and hospitality

The receipt of gifts and hospitality above the limits specified in requirement 1. Declaration must be approved by the Accountable Officer of the relevant department. Where Accountable Officers are the recipient of gifts or hospitality, approval must be obtained from the Treasurer of the States. Where the recipient is the Treasurer, approval must be obtained from the Principal Accountable Officer (and vice versa).

4. Gifts and hospitality received by Ministers and Assistant Ministers

Approval is not required for gifts or hospitality received by Ministers and Assistant Ministers but the Gifts and Hospitality online form must still be completed in line with Government and States of Jersey requirements. However, the entry will be reviewed by the Chief of Staff on behalf of the Chief Minister and a copy of the entry must be sent to the States Greffe in line with the States Assembly Code.

5. Cash gifts 

Where a cash gift is given, for example in recognition of, or gratitude for, a service provided by an employee(s) in the course of their duties this must be paid into a suitable bank account for the general use of those providing the service (details of which can be obtained from the relevant Head of Finance Business Partnering).

Gifts and hospitality valued at less than £40

For the avoidance of doubt there is no requirement to record incidental and low value hospitality received such as a working lunch as part of a meeting, unless there is a risk that acceptance could be perceived as having potential reputational damage.

6. Declaration

Where the recipient of gifts or hospitality considers that they may implicate or cause the Government or States of Jersey or themselves reputational damage if details were in the public domain, then these must be declared even if valued at less than £40. This also applies where the offer was declined. For example, this may include gifts or hospitality given by a supplier, potential supplier, an Arm’s Length Organisation or grant funded body.

Where there is considered to be little or no risk of reputational damage receipts valued at less than £40 need not be declared.

7. Approval of gifts and hospitality

The receipt of gifts and hospitality below the limits where the recipient considers they may implicate or cause the Government or States of Jersey or themselves reputational damge if details were in the public domain must be approved by the Accountable Officer of the relevant department. Where Accountable Officers are the recipient of gifts or hospitality, approval must be obtained from the Treasurer of the States. Where the recipient is the Treasurer of the States, approval must be obtained from the Principal Accountable Officer (and vice versa).

8. Cash gifts

Where a cash gift is given, for example in recognition of, or gratitude for, a service provided by an employee(s) in the course of their duties, this must be paid into a suitable bank account for the general use of those providing the service (details of which can be obtained from the relevant Head of Finance Business Partnering).

Other

Projects

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides guidance on Projects planned and executed by those Bodies. 

Projects attract specific risks which differ from those of day-to-day revenue expenditure. A Project is defined as a piece of work that:

  • has an identifiable start and end date
  • is outside of a States Body's recurring activities
  • is being undertaken to achieve a specific goal
  • has defined deliverables or outcomes
  • can run for more than one year or where the Accountable Officer of the States Body defines it as a Project based on consideration of the above criteria

Departmental Schemes of Delegation will specify financial limits above which non-recurring expenditure must be treated as a Project for the purpose of this section. If a Project meets certain criteria, as set out in the Public Finances Law, Government Plan or Major Projects section, it will be classified as a Major Project. Where further guidance on Projects is required, the Major Projects section may a useful steer on possible measures to be undertaken or considered in the event of uncertainty.

Users of this section should refer to other sections of the Public Finances Manual that are relevant, including:

  • Government plan and budgeting
  • expenditure
  • major projects

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • projects do not constitute good value for money
  • projects are not delivered on time or to the required quality
  • projects do not deliver the objectives set for them
  • the desired outcomes of projects are not clearly defined
  • responsibility for project management is not clearly allocated
  • projects are not accounted for nor presented in a transparent manner that allows stakeholders to understand the activity and outcome

Principles

1. At the outset of the Project, the Project Plan should include specific measurable criteria for the success of the Project and a timetable for completion of the Project.

2. The Project Plan should include a clearly articulated description of how the Project will further the strategic priorities of the States of Jersey.

3. Accountable Officers should seek to obtain value for money at all times.

4. Accountable Officers should ensure that the Project is managed in accordance with authorities set out in the relevant Scheme of Delegation.

5. Accountable Officers should ensure project risks are identified and managed appropriately.

6. Accountable Officers should ensure that a suitable handover process takes place at the end of a contract.

7. Upon completion a review of the Project should take place, assessing the Project against the initial criteria, including desired outcomes, and identifying lessons to be learned for future projects.

Requirements

1. Commencement of a Project

A Project will be initiated when a need is identified by a States Body and any necessary approvals have been obtained. This need could arise from an identified problem with an existing service or facility, a new requirement or an area where improvements are possible or required.

2. Strategy

A Project should be considered in the context of the Strategic Priorities of the Government of Jersey and the medium and long term strategies of the States of Jersey.

3. Project register

Accountable Officers must maintain a project register listing all ongoing Projects at any one time. For Government departments this should be provided to the Corporate Programme Management Office for information and confirmation.

4. Projects Sponsor and responsibilities

Every project must have a Project Sponsor assigned, with responsibility to oversee the Project. Responsibilities relating to Projects must be set out in the relevant Scheme of Delegation.

5. Documentation

Accountable Officers must ensure that the purpose, outcome, timescale, budget and risk of every project is documented. This should include specific, measurable success criteria and, where relevant, a plan for the outcomes of the Project to be integrated in to business as usual.

6. Insurance

Accountable Officers should ensure that any proposed contractor carries sufficient professional indemnity insurance and public liability cover. Contractors should be appointed in accordance with the Government of Jersey’s Procurement Best Practice Procedures Toolkit (within Supporting documents)

7. Delegation

Accountable Officers must maintain a Scheme of Delegation which includes requirements in relation to projects.

8. Recording and reporting

Accountable Officers must keep appropriate project records in line with the Scheme of Delegation and report to the Chief Operating Office or Treasury and Exchequer separately on projects in line with the specified requirements of this section of the Manual.

9. Status updates

The Project Sponsor must provide the Accountable Officer with regular status updates. The regularity of updates should be relative to the length of the project.

10. Completion

On completion of the Project, it should be assessed against the defined success criteria set out during planning; and lessons learned should be communicated both within the States Body and to the States of Jersey as a whole if they are relevant to other States Bodies.

Fraud

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law, and provides assistance in the prevention, detection, and reporting of fraud.

The term ‘Fraud’ is generally used to refer to dishonest behaviour such as deception, forgery, false representation, concealment of material facts etc. which result in the misuse of funds. These include but are not limited to misappropriation or embezzlement of funds, financial reporting fraud and cyber fraud, which remains an evolving aspect of fraud.

Users of this section should refer to other sections of the Public Finances Manual that are relevant including:

  • Accountable Officers
  • expenditure
  • income
  • risk management

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include:

  • the States or Government of Jersey suffers a financial loss as a result of fraud
  • the States or Government of Jersey or a States Body suffers reputational damage as a result of fraud

Principles

1. Accountable Officers are responsible for managing the risks which their respective States Bodies face, including fraud risk. They are responsible for establishing and maintaining sound systems of internal control to manage such risks.

2. The most effective way to manage the risk of fraud is the presence of an effective and proactive anti-fraud culture. In general terms, this involves:

  • assessment
    • an analysis of the overall vulnerability of the organisation to fraud, and the areas which are most at risk. This will also involve continuous horizon scanning and monitoring of global trends in order to keep up-to-date with emerging threats 
  • identification
    • recognising the area's most vulnerable to fraud risk
  • evaluation
    • determining the level of risk of fraud, including probability of occurrence and likely impact (both monetary and reputational)
  • response
    • taking strategic action to mitigate risks associated with fraud, including establishing appropriate anti-fraud controls
  • appraisal
    • critically assessing the effectiveness of the fraud risk strategy. This includes periodic testing to determine if controls can be circumvented
  • reporting 
    • mandatory reporting of any incidents of fraud which do occur and taking appropriate legal advice or disciplinary actions in line with Human Resources or other relevant policies. An important element of reporting is the establishment of tip-off or whistle-blower mechanisms to complement other internal controls

3. Accountable Officers should also ensure that an anti-fraud culture is being promoted within States Bodies.

Requirements

1. Fraud policy

Every States Body to which the Public Finances Manual applies should demonstrate their commitment to combatting fraud by developing a fraud policy which details their approach to fraud risk. As a minimum these measures must follow the corporate fraud strategy.

2. Staff instruction

All staff should be instructed and regularly reminded of the role they play in the prevention and detection and reporting of fraud but overall responsibility for the systems, procedures and approach to fraud rests with Accountable Officers. Managing the risk of fraud should be viewed as part of the wider risk management framework of the States of Jersey as well as the States Body and should be in line with the requirements of the Risk Management section of the Public Finances Manual.

All employees should be positively encouraged to raise any concerns they have about fraud associated with any Government/States departmental activities. They must be able to do this in the knowledge that such concerns will be treated in confidence and properly investigated. Any concerns can be raised with:

  • Line managers
  • Chief Officer/Accountable Officer
  • Internal Audit

3. Risk assessment

Each States Body should identify and assess its vulnerability to fraud and document this within its risk register. As part of the fraud risk assessment process, there should be a framework for ongoing scanning of the global environment for emerging trends and technologies which drive or control fraud as well as other emerging controls.

4. Risk mitigation

Each States Body should evaluate the potential impact and likelihood of fraud risks which it has identified. This should be periodically reviewed and should form the basis of its risk mitigation strategy.

5. Response to fraud

States Bodies should customise their response to fraud to reflect the nature of the activities and the risks they face. This will typically involve some or all of the following:

  • developing a Fraud Policy Statement, a Fraud Risk Strategy and a Fraud Response Plan
  • developing and promoting an anti-fraud culture, through a clear statement of commitment to ethical behaviour, and the promotion of fraud awareness and, where appropriate, taking legal action
  • thorough recruitment screening, relevant regular training and maintaining high staff morale to minimize the motivation to commit fraud
  • allocating responsibilities for the overall and specific management of fraud risk so that these processes are integrated into management
  • segregation of duties and ongoing monitoring of interpersonal relationships within or across States Bodies, in order to manage the likelihood of collusion to circumvent controls
  • establishing cost-effective internal systems of control to prevent and detect fraud
  • developing the skills and expertise to manage fraud risk effectively and to respond to fraud effectively when it arises
  • establishing and monitoring specific controls and data analytics competencies for the management of cyber risk and sharing insights with other States Bodies, as appropriate
  • establishing well publicised avenues for staff and members of the public to report suspicions of fraud
  • responding quickly and effectively to fraud when it arises, in particular ensuring any control weaknesses are addressed in order to prevent any recurrence 
  • establishing systems for investigations into allegations of fraud
  • using Internal Audit to advise on fraud risk and drawing on their experience to strengthen controls
  • taking appropriate action (criminal, disciplinary) against fraudsters and seeking to recover losses. Such a decision should be based on both the qualitative and quantitative matters of the fraud rather than solely the amount stolen
  • continuously evaluating the effectiveness of anti-fraud measures in reducing fraud
  • working with stakeholders to tackle fraud through intelligence sharing, joint investigations, etc.

6. Recording

Each Body must maintain records of frauds discovered, actions taken and any losses incurred. Such records should be provided to the Director of Risk and Audit on a monthly basis or when a significant control breach or material loss is incurred. The Director of Risk and Audit and the Head of Internal Audit will report all suspected fraud to the Treasurer and Comptroller and Auditor General as well as the Chief Executive Officer in relation to fraud with Government departments. They will also provide regular updates on reported fraud and subsequent action taken to the Risk and Audit Committee.

Losses and write offs

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law. This section provides guidance to States Bodies on what is expected when they incur losses or write off the value of assets. This section also applies to Funds for which a States Body is responsible. Specified Organisations may also want to follow this section.

As the States Assembly does not agree or approve advance provision for potential future losses when voting money or passing specific legislation, such transactions when they arise are subject to greater scrutiny and control than other payments.

A loss is any event that temporarily or permanently causes a decline in value or deprives the States of revenues, services, tangible or intangible assets or resources, including human resources. Below are some examples of circumstances that may result in losses:

  • overpayments to staff due to miscalculation, misinterpretation etc. of allowances and superannuation benefits
  • overpayments of social security benefits, grants, subsidies etc.
  • fraud and theft, arson or any other deliberate act
  • claims waived or abandoned
  • fruitless payments which cannot be avoided because the recipient is entitled to it even though nothing of use to the States Body will be received in return e.g. payment for travel tickets or hotel accommodation wrongly booked; or for goods wrongly ordered or accepted
  • losses due to errors in procurement processes
  • bookkeeping losses such as unexplained payments e.g. unvouched or incompletely vouched payments
  • inadequate charges e.g. for the use of public property
  • losses are incurred due to damage to, or inadequate maintenance of physical property, e.g. stock
  • a loan default
  • revaluation of assets

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • government plan and budgeting
  • expenditure
  • fees and charges
  • fraud
  • income
  • lending
  • investment

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • losses are recognised and written-off when there could be other alternatives to avoid the write-off
  • assets are deliberately written-off in order to facilitate theft or fraud
  • there is a loss of revenue that could have been received or collected
  • the resources of the States Body are not used efficiently and effectively to meet the States or Government of Jersey’s Strategic Priorities
  • increased budget projections due to an increase in the trend of losses or write-offs lead to a possible increase in fees and charges
  • services to specific groups of users could, in effect, be reduced due to increased losses
  • there is an incorrect accounting treatment of losses due to a lack of understanding of the different type of losses

Principles

1. Losses and write offs should be reduced to the lowest level possible or entirely mitigated.

2. States Bodies should have clear methods of investigating, mitigating, and reducing losses and write offs.

3. All losses and write offs should be carefully appraised and approved before being processed.

4. States Bodies should only consider accepting losses and write offs after careful appraisal of the facts (including whether all reasonable action has been taken to effect recovery), and should be satisfied that there is no feasible alternative.

Requirements

1. Assessment of controls

Accountable Officers must ensure that they have arrangements for detecting weaknesses or failures in the control system around losses and write offs and identifying appropriate corrective actions. The ability to authorise losses or write offs must be documented in the relevant Scheme of Delegation.

2. Consultation

Accountable Officers must ensure that they adopt a pragmatic approach to losses and write offs and document that approach. However, irrespective of the amount of losses, States Bodies should consult Treasury and Exchequer if the loss or write off:

  • involves important questions of principle
  • raises doubts about the effectiveness of existing systems
  • contains lessons which might be of wider interest
  • is novel or contentious
  • might create a precedent for other States Bodies in similar circumstances
  • arises because of obscure or ambiguous instructions issued centrally

3. Maintaining records

Accountable Officers must ensure that they maintain a record of losses at all times. The record should show:

  • the nature and gross amount (or estimate where an accurate value is unavailable)
  • cause of each loss
  • the action taken, total recoveries and date of write-off where appropriate
  • the annual accounts in which each loss is to be noted

4. Recovery

Accountable Officers must maintain a record of claims to ensure that recovery is not overlooked where efforts are still being made to secure recovery of cash losses formally written off and charged to the accounts and noted.

5. Potential losses

Accountable Officers must identify the different types of losses that may arise in the operations of the Body and ways to address the losses.

6. Loss management

When managing losses, considerations by States Bodies should include but not be limited to the following:

  • for any loss incident, where there is evidence of threatening behaviour or other equivalent emergency situation, notifying the police immediately
  • ensuring there are internal procedures for investigating, detecting, mitigating and monitoring of losses and write offs. The procedures must include what procedures should be undertaken after a loss incident in terms of review of the efficiency and effectiveness of the existing system
  • methods to be used for any loss incident in order to recover losses in a cost-effective manner
  • for all cases where a States Body has reason to believe that the conduct of an employee or contractor in the workplace is criminal in nature, promptly notifying the appropriate police authority and cooperate in any resulting investigation and subsequent prosecution
  • when dealing with a loss incident alleging illegal activity by a Body’s employee or contractor, the Body must not make any threat or promise to the employee or contractor or their representatives as to whether the alleged illegal activity will or will not be referred for criminal investigation or prosecution
  • whether it may be appropriate to make an insurance claim in respect of the loss

7. Notifying Treasury and Exchequer and quarterly reporting

Accountable Officers must provide a quarterly return to Treasury and Exchequer detailing all losses incurred in the period. Losses should be valued in accordance with the Jersey Financial Reporting Manual. Where losses or write offs exceed £30,000 they should be notified to Treasury and Exchequer, where practical, before the payment is made or loss recorded.

Jersey Overseas Aid

Introduction and background

This section applies to the Jersey Overseas Aid Commission, known publicly as ‘Jersey Overseas Aid’, which is designated as a Specified Organisation in the Public Finances Law. 

Jersey began its official overseas aid programme in 1968. Its current incarnation was established and is governed by the Jersey Overseas Aid Commission (Jersey) Law (2005). The organisation is governed by a Commission, which consists of three States members and three non-States members, all of whom are appointed by the States. They are legally responsible for managing the monies voted annually by the Government of Jersey for overseas aid. They are assisted in doing so by a team of directly-employed professional staff, led by an Executive Director.

Jersey Overseas Aid provides funding in the following ways:

  • grants for development projects implemented through UK-registered charities and other recognised specialist aid agencies
  • humanitarian aid and disaster relief through internationally-recognised relief agencies
  • community work projects, where teams of Jersey volunteers undertake specific development projects overseas
  • supporting Jersey charities in their work overseas, often on a matched-funding basis
  • providing sponsorship and bursaries to Jersey citizens conducting charitable work overseas

The chair of the Jersey Overseas Aid Commission is also, by definition, the Minister for International Development, and vice versa. The Minister for International Development, in conjunction with the Commission, is responsible for policy on:

    1. promoting economic and social development in developing countries; and
    2. humanitarian aid overseas

The Jersey Overseas Aid Commission is not linked to any Department or States Body for funding purposes. It is a separate Head of Expenditure in the Government Plan.

The Jersey Overseas Aid Commission remains an independent body governed by its own (2005) law, and is a separate legal entity from the Government of Jersey.

The Jersey Overseas Aid Commission complies with the Public Finances Manual, but due to the unique nature and overseas-focus of its work it has developed some policies and procedures of its own which may differ from those in the Public Finances Manual. This section lays out where Jersey Overseas Aid complies with and differs from the Public Finances Manual.

Principles

1. Jersey Overseas Aid recognises that it has a dual responsibility: to the world’s poorest and neediest people, and to Jersey’s taxpayers. Discharging this dual responsibility requires the same, fairly straightforward approach: a well-governed, professionally-staffed donor organisation making the most effective use of its budget, concentrating on areas where Jersey can add the most value, and focusing on long-term outcomes rather than short-term activities.

2. The Mission of Jersey Overseas Aid is ‘To translate the generosity, skills and compassion of the people of Jersey into effective assistance for the world’s neediest people’. 

3. Jersey Overseas Aid’s high-level objectives are laid out in its 5 year strategy plan and are the following:

  • to promote sustainable economic and human development in some of the poorest countries on earth
  • to provide timely humanitarian assistance to victims of natural and manmade disasters
  • to facilitate the efforts of individuals and organisations in Jersey to provide assistance to the world’s poor
  • to enhance Jersey’s international personality as a responsible global citizen and force for good in the world

4. Jersey Overseas Aid complies with international standards, set out by the Organisation of Economic Co-operation and Development Assistance Committee, in what constitutes Official Development Assistance. Jersey Overseas Aid aims to improve aid and development effectiveness and is guided by the principles of aid effectiveness, as set out in the 2005 Paris Declaration, the 2008 Accra Agenda for Action, the 2011 Busan Outcome Document and the 2014 Mexico Communique. The key principles for effective aid, defined in the Busan outcome, are:

  • country ownership
  • transparency and accountability
  • focus on results
  • inclusive development partnerships

Requirements

1. Accountable Officer

The Principal Accountable Officer may appoint an Accountable Officer for Jersey Overseas Aid who will ensure accountability to the Principal Accountable Officer for the use of resources. The Accountable Officer must be a full-time employee of the Jersey Overseas Aid Commission. In normal instances, the Accountable Officer will be the most senior full-time official of the Jersey Overseas Aid Commission. The appointment, responsibilities and other guidelines are covered in the Accountable Officers section.

2. Oversight

A specific Memorandum of Understanding is being developed between Jersey Overseas Aid and the Office of the Chief Executive, which will set out the administrative support which the Government of Jersey will provide to Jersey Overseas Aid. The Accountable Officer must ensure compliance with the forthcoming Memorandum of Understanding.

3. Compliance in full with Public Finances Manual

Jersey Overseas Aid complies in full with the following applicable sections of the Public Finances Manual:

  • assets
  • leases
  • cash
  • banking
  • foreign currency
  • special payments
  • financing
  • lending
  • income
  • projects
  • fraud
  • losses and write offs

4. Majority Compliance with Public Finances Manual

Jersey Overseas Aid complies with the following sections of the Public Finances Manual with certain stated exceptions:

  • consulting Treasury and Exchequer. Full compliance, except in Section 2 of Explicit Approval, Compliance only with the provision ‘Expenditure proposals affecting the Government of Jersey’s approved expenditure totals’ and none of the other examples given.
  • Expenditure and Procurement. The provisions only apply to Jersey Overseas Aid where the expenditure and procurement are conducted within Jersey. 
  • Major Projects. The provisions only apply to Jersey Overseas Aid where the major projects are conducted within Jersey.
  • Delegations and Changes to Head of Expenditures. Full compliance apart from being exempt from requirement 6 under and overspends of revenue budgets. Any underspend at the end of the financial year should not be transferred to the Reserve but may be retained by Jersey Overseas Aid for allocation in the following year. This will need to be effected by a decision of the Minister for Treasury and Resources.
  • Annual financial Statements. Compliance except with the provision of requirement 2 of Semi-Annual Updates. Financial reports can be provided but not focusing on ‘progress against objectives’. 
  • Fees and Charges. Full compliance to the extent that this section is relevant, but this section does not affect Jersey Overseas Aid’s ability to recover costs from volunteers deployed on projects abroad

5. Exemptions from Compliance with Public Finances Manual

Jersey Overseas Aid is exempt from compliance with the following sections of the Public Finances Manual:

  • Grants and Sponsorships. Awarding grants is the main task of the Jersey Overseas Aid Commission, and the organisation follows its own policies and procedures in this respect. 
  • Investment. Jersey Overseas Aid reserves the right to make impact-oriented investments in developing countries in accordance with Organisation of Economic Co-operation and Development guidelines and only to the extent that they remain eligible to be considered Official Development Assistance. 

Jersey Overseas Aid has developed and complies with its own travel policy, developed due to the nature of its work in difficult environments abroad.

Jersey Overseas Aid has its own insurance (travel, public and employers’ liability, Directors and Officers, Special Risks).

States Employment Board

Introduction and background

The States Employment Board is established in the Employment of States of Jersey Employees (Jersey) Law 2005. It is a political body chaired by the Chief Minister, or their nominee (who must be another Minister), and comprises two Ministers or Assistant Ministers (appointed in writing by the Chief Minister) and two other members of the States Assembly (who are neither a Minister nor an Assistant Minister and who are appointed by the States Assembly). The Board may also appoint one or 2 advisors who have the right to attend and speak at meetings. The States Employment Board may delegate (in writing) to any of its members, or to the Chief Executive Officer, any of its powers or functions.

The States Employment Board is the employer of States of Jersey employees but has a more limited role in relation to certain specified senior appointments including within the Non-Ministerial Departments, Crown Officers and police officers.

The States Employment Board is responsible for giving directions regarding consultation or negotiation with States’ employees, or with representatives of States’ employees, concerning pay awards and the term and conditions of employment of those employees. This is particularly important in financial terms as a large proportion of overall States expenditure is incurred on staff costs.

Other legislative and States approved functions of the States Employment Board include:

  • ensuring that the public service conducts itself with economy, efficiency, probity and effectiveness
  • accountability for the health, safety and well-being of States’ employees
  • issuing Codes of Practice (strategic policy documents) with which Accountable Officers (including those for Ministerial and Non-Ministerial Departments) have a duty to comply (Accountable Officers are required to produce a Policy statement setting out how they and their delegates comply with the directions set in the relevant Code)
  • approving the engagement of senior employees, interims and contractors under the requirements of P59/2011
  • oversight of the Jersey Appointments Commission including recommending appointments to the Commission
  • preparing an Annual Report to the States Assembly.

All States Employment Board meetings are supported by the Group Director of People and Corporate Services who ensures that:

  • meetings are formally recorded (by the States Greffe) and that minutes are agreed at a subsequent meeting
  • decisions are notified to the relevant Minister and Accountable Officer – decisions which have financial implications must also be reported to the Minister for Treasury and Resources and Treasurer of the States

P.59/2011 – Salaries over £100, 000 – Process for Review and Scrutiny imposes a duty on the States Employment Board to control and monitor all pay proposals where the salary is likely to be over £100,000 per annum. There are established arrangements for reporting on such proposals to the States Employment Board, using a standard proforma containing key information. The States Employment Board is supported in this process by the Group Director of People and Corporate Services. Approval is required from the States Employment Board for the salary band/daily rate, and also where an alternate arrangement is required to engage the most suitable candidate.

In addition to the common risks identified in the Background and Introduction section of this Manual a number of significant risks relating to this section include:

  • Accountable Officers are not fully aware of the legal, and States approved, responsibilities and accountabilities required of them by the States Employment Board
  • the States Employment Board does not receive the support required to meet its statutory and States approved obligations
  • expenditure approved by the States Employment Board may exceed the amount set aside by the States Assembly.

Principles

1. Effective oversight of people management is a critical component of the operation of the Government and States of Jersey. The role of the States Employment Board is to set the standards and give direction on its functions to officers rather than to conduct the work itself.

2. The States Employment Board should receive sufficient support to fulfil its obligations and it should ensure that it follows the requirements of the Public Finances (Jersey) Law 2019 and the Public Finances Manual when meeting those obligations.

Requirements

1. Consultation by the Group Director of People and Corporate Services (or their authorised delegate(s))

The Group Director of People and Corporate Services (or their authorised delegate(s)) must consult with the Minister for Treasury and Resources and the Treasurer of the States before any proposals are put to the States Employment Board which would result, or would be likely to result, in the amounts allocated, and approved, in a Government Plan to be exceeded.

The Group Director of People and Corporate Services, or their authorised delegate(s), must also consult with the Treasurer of the States and the relevant Accountable Officer (with responsibility for the budget out of which any costs would be met) prior to the States Employment Board offering an employment contract with non-standard clauses that could expose the States of Jersey to future liabilities.

The Group Director of People and Corporate Services must ensure that the Treasurer of the States (or a nominated representative from Treasury and Exchequer) is invited to all States Employment Board meetings with attendance required where either:

  • any proposals are to be put to the States Employment Board which would result, or would be likely to result, in the amounts allocated, and approved, in a Government Plan to be exceeded; or
  • the States Employment Board are considering offering an employment contract with non-standard clauses that could expose the States of Jersey to future liabilities.

2. Funding

Where a decision made by SEB has financial implications the Accountable Officer, of the department(s) affected, will be required in the first instance to meet additional costs within existing heads of expenditure. Where this is not possible a business case for supplementary funding from the Reserve head of expenditure must be made by the affected department to the Minister for Treasury and Resources (see section on Reserve head of expenditure).

The Accountable Officer must, in advance of any recommendation or decision of the States Employment Board, seek advice on any business case for funding from the Reserve from the Treasury and Exchequer.

3. Posts where remuneration is estimated to exceed £100,000

In order to meet the requirements of the Governance Statement Questionnaire (specifically Principle 9 – Accountability, Decision Making and Scrutiny – point number 9) an Accountable Officer must ensure that all documentation relating to the filling, establishment or extension of any post(s) within their department where remuneration is expected to exceed £100,000 is properly completed and submitted to the States Employment Board in line with any deadlines set, in advance of finalising any decision.

4. Codes of Practice

In order to meet the requirements of the Governance Statement Questionnaire (see Principle 5. People management frameworks) Accountable Officers must complete an annual statement of compliance against the Code (applicable to the Codes issued from 2020 onwards) along with any breaches or exemptions applied to the Codes.

Supporting documents

Business Travel Policy

Procurement Procedure Policy

Retention of Financial Documents

Purchase card procedures

List of Accountable Officers

Jersey Financial Reporting Manual 2021

Purpose of States Funds

Frameworks for major, strategic

Sponsoring Senior Responsibilities Officer

Supplying Senior Responsible Officer

Glossary

A

Accountable Officer

An official who has overall responsibility for a States Body or other organisation for which such an official may be appointed in accordance with the Public Finances Law​.

Aggregated Foreign Currency Cash Flow​

The net combined inflows and outflows in foreign currency over a given time period.

​Arm’s Length Organisation

An organisation which either has statutory fee levying powers or fulfils a role or function the Government of Jersey would otherwise perform (this definition does not extend to organisations which receive funding from the Government of Jersey of less than £75,000 per year).

​Asset

A tangible or intangible resource controlled by an entity as a result of past events and from which future economic benefits are expected to flow.

B

​Benefit payments

Benefit payments are part of a social welfare framework established by Government Policy. They typically include a payment of money to people who have been identified as in need of support. These could include those who are ill, financially insecure, and elderly or those who have children, etc.​

C

​C&AG

The Comptroller and Auditor General of Jersey, whose duties are specified in the Comptroller and Auditor General (Jersey) Law 2014 and other legislation where the C&AG is required to appoint an auditor.

​Capital Rolling Vote

​A head of expenditure agreed in the Government Plan for general maintenance projects not specifically identified within the Major Projects Envelope.

​CEO

Chief Executive Officer.

​Chief Minister

​The head of the Government of Jersey and leader of the Council of Ministers.​Chief Officer of the States PoliceHas the command, direction and control of the States Police Force and of each of its police officers.

​CIF

​Common Investment Fund. The pool of assets available for the Government of Jersey to invest in accordance with the investment strategy published by the Minister for Treasury and Resources.

​Clawback

The act of retrieving money paid out by the Government of Jersey to a third party.

​CoM

See Council of Ministers​.

​Commercial Services team

​The Government of Jersey team with responsibility for the procurement of goods and services.

​Common Strategic Policy

​A document agreed and lodged by the Council of Ministers as required by the States of Jersey Law 2005.

​Complaints Panel

​The panel of independent volunteers which are available to form the States of Jersey Complaints Board when it is required to hear a complaint about a decision or administration process by any minister or department of the States.

​Consolidated Fund

​The account into which tax revenues and other relevant receipts are directed and from which payments for the majority of government expenditure are paid.

​Contingent liability

A possible obligation depending on whether some uncertain future event occurs, or a present obligation for which payment is not probable or the amount cannot be measured reliably.

​Council of Ministers

The Government of Jersey group consisting of the Chief Minister and at least seven other ministers, with duties described in the States of Jersey Law 2005.

​Corporate Strategy Board (CSB)

The CSB is a senior leadership team of the Government of Jersey’s public service. It is chaired by the Chief Executive and its membership includes:

  • the Chief Operating Officer (COO)
  • the States Treasurer
  • the Chief of Staff
  • the Directors General of the following Departments:
    • Customer and Local Services
    • Health and Community Services
    • Children, Young People. Education and Skills
    • Justice and Home Affairs
    • Growth, Housing and Environment
  • the Heads of Service for External Relations and Financial Services
  • the Director of Communications
  • the Greffier of the States of Jersey
  • a senior Representative of the Law Officers' department

D

​Department

A division of the Government of Jersey or a Non Ministerial Department as specified in the Public Finances (Jersey) Law 2019.

​Depreciation

An accounting method of allocating the cost of a tangible asset over its useful life. It is used to account for declines in value. Organisations and businesses depreciate long-term assets for accounting purposes.

​Discretionary Financial Benefit

A transfer of value (monetary or otherwise) to a person or body to achieve results sought by States of Jersey policy. A discretionary financial benefit typically has the following characteristics:

  • a transfer to a recipient which may be in return for compliance with certain terms and conditions;
  • a transfer which may not directly give approximately equal value in return to the States (that is, there is a non-exchange transaction or subsidy so there may not be exact pound for pound value); or
  • a recipient may have been selected on merit against a set of scheme-specific criteria

​Discretionary grant

​A one-off or regular Discretionary Financial Benefit which meets the definition of a grant but does not form part of an existing grant scheme.

​Donation

A transfer of value given, typically for charitable purposes and/or to benefit a cause. They impose no obligations on the recipient and offer little or no rights or benefits to the provider.

E

​EU

European Union.

F

​Feasibility

One of the four essential standards Accountable Officers must meet. Feasibility requires that the Accountable Officer should be satisfied that any proposed activity is likely to be successful in securing its intended result at a reasonable cost.

​Feasibility assessment

​A study to determine the viability of an idea, such as ensuring a project is legally and technically feasible as well as economically justifiable. Formal feasibility assessments are typically conducted when a Major Project is being considered.

​Finance charges

Interest and other costs, such as arrangement fees, that an entity incurs in connection with the borrowing of funds​.

​Fiscal Policy Panel

The organisation which reports on the state of the economy in Jersey and on the States’ finances in accordance with Articles 43-46 of the Public Finances (Jersey) Law 2019.

​Fixed assets

​Tangible, intangible and financial assets of a long-term nature. Typically these are assets that an entity owns and uses in its operations to generate income, not expected to be consumed or converted into cash within one year.

​FPP

See Fiscal Policy Panel.

G

​Government’s Investment Advisor

A third party organisation appointed by the Government of Jersey to provide advice and recommendations for the investments of the CIF.

​Government Plan

​The Government Plan sets out in detail how public money will be used to deliver the day-to-day services provided by government and non Ministerial departments and the Strategic Priorities set out in the Common Strategic Policy. It is composed of a detailed first year plan with outline priorities and an indicative spending envelope for the three subsequent years and is updated annually.

​Grant

A type of Discretionary Financial Benefit which does not confer the rights and benefits of a Sponsorship, but requires the recipient to comply with specific terms and conditions as to its use​.

​Grant scheme

​A system by which grants may be awarded if the proposed recipient meets certain specified criteria.

​GST

Goods and Services Tax as defined in the Goods and Services Tax (Jersey) Law 2007.

H

​Head of Expenditure

​An amount of money the States Assembly agrees may be used to deliver a service or strategic priority set out in the Common Strategic Policy.

​Hire purchase contracts ​

A form of lease that conveys the right to use an asset (the underlying asset) for a period of time in exchange for consideration after which ownership of the asset transfers to the lessee.

I

​IFRS

International Financial Reporting Standards.

​Impairment

An accounting treatment by which a loss is recognised when the carrying amount of an intangible Asset or cash-generating unit exceeds its recoverable amount​.

​Income tax

Tax levied directly on personal or corporate income.

​Intangible asset

An identifiable non-monetary Asset without physical substance, such as goodwill, trademarks, and copyrights​.

​Internal Audit Charter

​The document which specifies the purpose of the Internal Audit function of the States of Jersey, along with reporting lines, scope of activities, and responsibilities.

​Investment

The placement of money into financial schemes, shares, property, or a commercial venture with the expectation of achieving a profit.

​IT

Information Technology.

J

Jersey Appointments Commission

The independent body that oversees the recruitment of Government of Jersey employees and appointees to States supported or related bodies.

Jersey Financial Compliance Framework (JFCF)

The JFCF is an overarching framework developed to help the States of Jersey to establish and maintain effective financial management and to support the achievement of Jersey’s strategic aims, objectives and ultimately deliver expected outcomes.

Jersey Financial Reporting Manual

The technical accounting guide to the preparation of financial statements for the States of Jersey. It is complemented by guidance issued by the States Treasurer such as the Capital Accounting Manual. The Manual is based on the UK Treasury Financial Reporting Manual, adapted for States of Jersey specific situations.

​Jersey Property Holdings (JPH)

Now part of the Growth, Housing and Environment Department. JPH is responsible for the real estate owned by the States of Jersey.

K

​Key Performance Indicator (KPI)

A quantifiable measure used to evaluate progress towards a population-level outcome.

​Key Stage Reviews (KSR)

Typically used in Major Projects to assess progress in line with the defined project plan and KPIs when the project has reached predefined points.

L

​Losses

​Events that temporarily or permanently cause a decline in value or deprive the States of Jersey of revenues, services, tangible or intangible assets or resources including human resources.

​Long Term Capital Plan (LTCP)

Part of the long-term planning framework of the Government of Jersey forecasting infrastructure spending and other capital expenditure requirements.

​Long Term Revenue Plan (LTRP)

Part of the long-term planning framework of the Government of Jersey forecasting revenue expenditure requirements.

M

​Major Project

A Project defined as such in the Government Plan.

​Major projects envelope

The sum of the aggregate expenditure of all the Major Projects identified in the Government Plan authorised for execution.

​Minister for Treasury and Resources

The Minister with responsibility for ensuring that the public finances of Jersey are regulated, controlled and supervised in accordance with the Law and that the provisions of the Law are otherwise duly complied with.

​Memorandum of Understanding (MoU)

​A document summarising the relationship between two parties. Typically used to defined the relationship between a Specified Organisation and its sponsoring Department.

​Modernisation and Digital

The States Department responsible for information and communications technology across the States.

N

​Non-Ministerial States Bodies (NMSBs)

​The organisations listed in Schedule 1 of the Public Finances Law. While constitutionally independent, they are funded by the States Assembly.

​Nolan Principles, The

​Name for the ‘7 Principles of Public Life’, the basis of the ethical standards expected of public office holders in the UK. They are:

  • selflessness : holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other benefits for themselves, their family or their friends
  • integrity : holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties
  • objectivity : in carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit
  • accountability : holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office
  • openness : holders of public office should be as open as possible about all the decisions and actions they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands
  • honesty : holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest
  • leadership : holders of public office should promote and support these principles by leadership and example

O

​Outline business case

​A more developed version of the Strategic Business Case typically used for Major Projects.

​Overseas Aid Commission

A Specified Organisation which functions as an independent international aid agency, funded by the Government of Jersey. More detail can be found in the Jersey Overseas Aid Commission (Jersey) Law 2005.

P

​Public Accounts Committee (PAC)

The Public Accounts Committee’s role is to receive reports from the Comptroller and Auditor General and to report to the States Assembly upon any significant issues arising. It also assesses whether public funds have been applied for the purpose intended.

Principal Accounting Officer (PAO)

The Chief Executive Officer of the Council of Ministers. Duties are described in the Public Finances Law.

​PFM

Public Finances Manual

​Principles of Public Financial Management

The fundamental principles by which Public Finances should be managed comprising the 7 Nolan Principles and the principles of:

  • transparency : holders of public office should not withhold information from the public unless there are clear and lawful reasons for doing so
  • simplicity and clarity : holders of public office should always communicate in a straightforward and jargon-free manner

​Procurement

​The process of buying goods, services and works from external suppliers. The procurement process begins when a need to purchase is identified and will generally end after the contract is awarded.

​Project

A defined piece of work that has an identifiable start and end date, is outside of a States Body’s recurring activities, is being undertaken to achieve a specific goal and has defined deliverables.

​Propriety

​One of the four essential standards Accountable Officers must meet. Propriety requires:

  • that all activities and business should be transparent, users of public services should be treated fairly, restrictions and penalties should be proportionate and justifiable, etc.
  • that expenditure on initiatives should be affordable within the agreed expenditure limits. Longer term commitments should be expected to be sustainable beyond the budget approved (i.e. there should be a reasonable expectation that the budget will be available in the next financial year and longer period if appropriate).

The Nolan Principles are also relevant to the assessment of propriety.

​PSIAS

Public Sector Internal Audit Standards.

​Purchase card

A Government of Jersey charge card that allows goods and services to be procured by individuals.

R

​Regular/Regularity

One of the four essential standards Accountable Officers must meet. An activity is regular if it has adequate legal backing. Typically this means that expenditure should only be incurred in line with the Public Finances (Jersey) Law 2019, the Public Finances Manual, other Jersey legislation and any decisions of the States Assembly (including the Government Plan and Common Strategic Policy).

​Reserve ​

A head of expenditure identified in the Government Plan not allocated to a specific strategic objective of the States of Jersey. The Reserve should be used only for unforeseen and urgent expenditure or as otherwise considered in the Government Plan or the Minister's published policy.

​Ring-fenced

Expenditure that is specific to a particular policy or programme and cannot be used for any other purpose without the prior agreement of the relevant individual or board.

S

​Scheme of Delegation

Article 28 of the States of Jersey Law 2005 allows a Minister to delegate any function for which they have responsibility to an Assistant Minister or an officer. The Scheme of Delegation ensures that decisions are made at the appropriate level to ensure the efficient administration of the Minister’s duties and responsibilities. No delegations made prevent the Minister from exercising those functions personally. Schemes of Delegation may also be used by Accountable Officers to delegate duties to staff within their area of responsibility. Schemes of Delegation (insofar as they relate to financial matters covered by this Manual) must be submitted to the Treasurer for approval.

Semi-annual updates

​The twice annual reports presented by the Minister for Treasury and Resources to the States Assembly with respect to any activities undertaken under the most recently approved Government Plan, as described in the Public Finances Law.

​Service Level and Funding Agreement

A contract between a States body and a third party which defines the level of service expected from the third party over the term of the agreement including matters such as the financial consideration to be paid and key performance indicators.

​SLA

See Service Level and Funding Agreement.

​States funds

States Funds are:

  • a fund established under the Public Finances Law; or
  • a fund declared under the Public Finances Law or by any enactment to be a States Fund

In practice this refers to a fund established by the States of Jersey to ring-fence money for a specific purpose.

Special payments

Payments to help cover the costs of emergencies or other unforeseen expenditure. They can be used to pay for a service or an item. Special payments may also be given as loans or grants by the government​.

​Specified organisation

Any of the following organisations, as listed in Schedule 2 of the Public Finances Law:

  • Andium Homes Limited
  • Jersey Overseas Aid Commission
  • Jersey Post International Limited
  • JT Group Limited and its subsidiary companies
  • Ports of Jersey Ltd
  • States of Jersey Development Company Limited and its subsidiary companies

Sponsorship

The purchase of rights or benefits, including naming rights, delivered through association with the sponsored organisation's name, products, services or activities. The rights or benefits typically relate to the sponsor's reputation management or communication objectives.

​Stabilisation fund

​The States of Jersey’s fund governed by the Public Finances Law and decisions of the States Assembly on its use. The purpose of the fund is to make fiscal policy more countercyclical and help create a more stable economic environment in Jersey.

​Stamp duty

A tax payable in accordance with the Stamp Duties and Fees (Jersey) Law 1998.

States Assembly

The parliament of Jersey.

States body

​Any of the following:

    • a Ministry, department or other administration of the Government of Jersey
    • a non-Ministerial States Body
    • a committee or other Body established by an Act of the States
    • any other holder of a Crown or States appointment funded by the States, including any associated administration of the holder

​States of Jersey Complaints Board

An independent board of volunteers selected from members of the Complaints Panel to hear a specific complaint about a decision or administration process by any minister or department of the States of Jersey.

States Trading Operation (STO)

A distinct area of operation of a Government of Jersey body that is designated under the Public Finances Law.

​States Treasurer

The Treasurer of the States, as defined in the Public Finances Law.

Strategic business case

Typically used on Major Projects to define the scope, duration and aims of the project at a high level prior to developing an Outline Business Case which contains further detail.

​Strategic partnership

An agreement between the Government of Jersey and a third party to share physical and/or intellectual resources to achieve a common objective.

​Strategic priorities

Goals which are approved by the States Assembly to guide the priorities of the States and Government.

Strategic Reserve Fund

The States of Jersey’s fund governed by the Public Finances Law.

​Supply Jersey

A web-based purchasing system put in place by the Government of Jersey for States departments.

T

​The Complaints Panel

See Government of Jersey Complaints Board.

​Trading fund

The accumulated profits and losses of a States Trading Operation which are ring-fenced for the purposes of that operation​.

​Treasury

Abbreviated name for Treasury and Exchequer.

​Treasury Advisory Panel ​

The group established by the Minster for Treasury and Resources to provide advice on Treasury matters related to the Public Finances Law.

​Treasury and Exchequer (Also 'Treasury')​

The Government of Jersey’s department with responsibility for the management of the finances and assets of the Government of Jersey.

U

​US

United States.

V

​Value for money

One of the four essential standards Accountable Officers must meet. It requires that measures should deliver value for money for the States of Jersey as a whole. The department or public sector organisation carrying out the initiative may be worse off provided the proposal offers value for money for the States. There are a number of definitions of value for money available but the Public Finances (Jersey) Law 2019 refers to the function of the Principal Accountable Officer to ensure that resources are used economically, efficiently and effectively.

​Value Added Tax (VAT)

​An indirect tax typically applied by EU territories to services and goods. See GST for the comparable indirect tax levied in Jersey​.


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