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Dormant Bank Accounts (Jersey) Law 2017: Payment of Charity Commissioner Costs for 2021

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 16 December 2021

MINISTERIAL DECISION REFERENCE:    MD-ER-2021-0070

DECISION SUMMARY TITLE:   Dormant Bank Accounts (Jersey) Law 2017 – Payment of Charity Commissioner Costs for 2021

DECISION SUMMARY AUTHOR:

Associate Director, Financial Services

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:  Dormant Bank Accounts (Jersey) Law 2017 – Payment of Charity Commissioner Costs for 2021

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

Associate Director, Financial Services

IS THE REPORT PUBLIC OR EXEMPT

Public

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations and Financial Services, having been provided with detail of the costs incurred by the Charity Commissioner for the calendar year 2021 and advice that those costs had been properly incurred, approved the payment of £208,000 (two hundred and eight thousand pounds) from the Jersey Reclaim Fund in respect of the said costs of the Charity Commissioner for the year 2021, pursuant to the provisions of Article 20 of the Dormant Bank Accounts (Jersey) Law 2017 and the Dormant Bank Accounts (Distribution of Fund Money) (Jersey) Order 2021.

Recognising a potential for a conflict of interest in this decision by virtue of the Minister holding responsibility also for the Charities (Jersey) Law 2014, and thus holding Ministerial Responsibility as payer and payee, the Minister sought the approval of the Minister for Treasury and Resources who was in agreement that this payment should be approved and made.

 

RESOURCE IMPLICATIONS: 

There are no resource implications for the Government of Jersey as a result of this decision, although it should be noted that no further investment return will now be earned on these funds.

ACTION REQUIRED: 

The Associate Director, Financial Services is to give notice to the Head of Treasury and Investment Management to make the relevant transfers from the Jersey Reclaim Fund as are required to satisfy these costs and to amend the records accordingly.

SIGNATURE:

 

 

SENATOR IAN GORST

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS AND FINANCIAL SERVICES

 

 

DATE SIGNED:     

EFFECTIVE DATE OF THE DECISION (if different)

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