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Criminal Offences Confiscation Fund: Seek approval of Minister for Treasury and Resources for use of income / budget transfer

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 January 2015:

Decision Reference:  MD-HA-2015-0006

Decision Summary Title:

Application of COCF Funding for Home Affairs Projects in 2014

Date of Decision Summary:

5 January 2015

Decision Summary Author:

Finance Director

Home Affairs

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Projects Funded from the COCF – Drawdown of Funds in 2014

Date of Written Report:

5 January 2015

Written Report Author:

Finance Director

Home Affairs

Written Report :

Public or Exempt?

Exempt Category Article 42 (a)

Subject:  The financial transactions required to facilitate the transfer of funds from the COCF to the Home Affairs Department for projects approved in 2014.

Decision(s): The Minister:

  • agreed to seek the approval of the Treasurer to use the income of £117,849 received from the COCF for projects for the States of Jersey Police;
  • approved a non-recurring budget transfer in 2014 of £73,350 from the HAD revenue head of expenditure to the Home Affairs minor capital head of expenditure;
  • agreed to seek the approval of the Treasurer of a non-recurring budget transfer in 2014 of £73,350 from the Home Affairs revenue head of expenditure to the Home Affairs minor capital head of expenditure.

Reason(s) for Decision:

  • Applications for funding from the COCF have been approved for Home Affairs projects.
  • Article 19(1)(a) of the Public Finances (Jersey) Law 2005 states that if, during a financial year, the Minister is satisfied that the income of a States funded body is likely to exceed its estimated income, the Minister may authorise the body to withdraw from the consolidated fund during that year an amount not exceeding the likely excess of income. 
  • Article 18(1)(c) of the Public Finances (Jersey) Law 2005 states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure.

Resource Implications: Once the 2014 HAD income target budget and the HAD revenue head of expenditure have been increased by £117,849 an amount of £73,350 is to be transferred from the HAD revenue head of expenditure to the Home Affairs minor capital head of expenditure.

There are no manpower implications.

Action required: Finance Director to seek the necessary approvals from the Treasurer of the States.

Signature:

 

Position:

Minister for Home Affairs

 

Date Signed:

 

Date of Decision (if different from date signed):

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