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Infrastructure, Housing and Environment: Allocation of Reserve Funding to compensate for a shortfall in income and provide support for the Bus Operating Contract due to the impact of Covid-19

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

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

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

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

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

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

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 22 December 2020

Decision reference: MD-TR-2020-0166

Decision Summary Title:

Allocation of Reserve Funding to IHE to compensate for a shortfall in income and provide support for the Bus Operating Contract due to the impact of COVID-19

Date of Decision Summary:

16th December 2020

Decision Summary Author:

Head of Investment Appraisal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Allocation of Reserve Funding to IHE to compensate for a shortfall in income and provide support for the Bus Operating Contract due to the impact of COVID-19

Date of Written Report:

16th December 2020

Written Report Author:

Head of Investment Appraisal

Written Report:

Public or Exempt?

Exempt (Article 33)

Subject:

The allocation of up to £5,832,550 in 2020 from the General Reserve to Infrastructure, Housing & Environment (IHE) to compensate for a shortfall in income within the Department and to provide support in respect of the Bus Operating Contract due to the impact of COVID-19.

 

Decision(s):

The Minister approved the allocation of up to £5,832,550 in 2020 from the General Reserve to IHE to compensate for a shortfall in income and to provide financial support in respect of the Bus Operating Contract due to the impact of COVID-19.

 

The allocation is subject to:

  • the operating agreement being amended materially in line with the proposals outlined in the Covid-19 business case reference ‘CV19 20-064 Bus Service Phase 2’; and
  • the final financial requirements being confirmed in writing by the Accountable Officer.

 

Reason(s) for Decision:

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

 

The current Policy for Allocations from the Reserve agreed by the Minister for Treasury and Resources (published as R.80/2020) sets the requirement that all proposed allocations from the General Reserve (Covid-19), once recommended for approval by the States Treasurer (taking into account comments from the Principal Accountable Officer), are referred for review to either the Council of Ministers or the relevant Competent Authorities Ministers prior to submission to the Minister for approval.

 

The Investment Appraisal Team has recommended this request for approval and further to these reviews the Treasurer of the States, having consulted with the Principal Accountable Officer and the Council of Ministers, recommends this allocation to the Minister.

Resource Implications:

The General Reserve head of expenditure to decrease by up to £5,832,550 and the GHE head of expenditure to increase by the identical amount in 2020.

Action required:

The Head of Financial Governance to advise the Head of Investment Appraisal and the Head of Finance Business Partnering of IHE that this decision is approved.

 

Signature:

 

 

 

Position:

Deputy S J Pinel

Minister for Treasury and Resources

Date Signed:

Date of Decision:

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