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Housing Policy Development Board: Final Report

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference:  MD-TR-2021-0042

Decision Summary Title:

Budget transfer from Justice and Home Affairs to Customer and Local Services

Date of Decision Summary:

12 April 2021

Decision Summary Author:

Head of Finance Business Partnering

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Budget transfer from Justice and Home Affairs to Customer and Local Services

Date of Written Report:

12 April 2021

Written Report Author:

Head of Finance Business Partnering

Written Report :

Public or Exempt?

Public

Subject: Budget transfer from Justice and Home Affairs (JHA) to Customer and Local Services (CLS) to fund additional staffing to administer the change in the GST de minimis.

 

Decision(s): The Minister approved the following transfers from the JHA Head of Expenditure to the CLS Head of Expenditure:

  • £7,100 non-recurring in 2021
  • £85,100 recurring from 2021 onwards
  • 2 FTE from 2021 onwards

 

Reason(s) for Decision:

 

Article 18(1)(a) of the Public Finances (Jersey) Law 2019 states that a specified amount appropriated for one head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure that is set out in the government plan.

 

Article 18(4) of the Public Finances (Jersey) Law 2019 states that the Minister shall give the States Assembly at least 4 weeks’ notice before an amount is transferred under paragraph (1)(a).

 

Article 18(5) of the Public Finances (Jersey) Law 2019 states that if a direction under this Article would affect a head of expenditure that relates to the responsibilities of any Minister, that Minister must be consulted before the direction is made. Both Ministers have been consulted.

 

To comply with P.67/1999 which charges the Minister for Treasury and Resources to regulate the number of persons that may be employed by the States.

 

Resource Implications:

The JHA head of expenditure will decrease by £92,200 in 2021 and the CLS head of expenditure will increase by an identical amount.  The approved FTE of CLS to increase by 2 FTE and the approved FTE of JHA to decrease by an identical amount.

 

This decision does not change the total amount of expenditure approved by the States in the Government Plan for 2021-24 and the recurring transfer of £85,100 will be reflected in the next Government Plan 2022-2025.

 

Action required: The Head of Financial Governance to notify the Heads of Finance Business Partnering for JHA and CLS once the decision has been signed.

 

In accordance with Article 18(4) the Greffier of the States is requested to arrange for the attached report to be presented to the States at least 4 weeks before the transfers are concluded. After the expiry of 4 weeks following presentation to the States the transfer may be concluded.

 

Signature:

 

 

 

 

Position: Deputy S J Pinel,

Minister for Treasury and Resources

                

 

Date Signed:

Date of Decision:

 

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