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Charities Law: Central Contingency Funding Request

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 February 2015:

Ministerial decision reference    MD-C-2015-0029

Decision summary title   Charities Law – Central Contingency Funding Request

Decision summary author

Finance Manager, Corporate Group

Is the decision summary public or exempt?  

Public

Report title   Charities Law – Central Contingency Funding Request

Report author or name of

person giving report

Finance Manager, Corporate Group

Is the report public or exempt?

Public

Decision and reason for the decision

Central Contingency (one-off) funding request to support the management costs of the Charities (Jersey) Law for 2015.

Article 17(2) of the Public Finances (Jersey) Law 2005 states that the Minister for Treasury and Resources is authorised to approve the transfer from contingency expenditure or the insurance fund of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year.

The Council of Ministers at their meeting of the 26th June 2013 discussed the proposals for a 3-phased approach to the development of Jersey charities and a proportionate, supportive regulatory regime for charities and it was noted that the 2014 and 2015 management costs associated with the law and regulation were not included in the Medium Term Financial Plan (MTFP) 2013-2015 and that funding would need to be provided possibly from Central Contingency.

The States Assembly approved on the 18th July 2014 P.108/2014 – Draft Charities (Jersey) Law.  The proposition stated the following: - “The costs for 2014 and 2015 will be met from Central Contingency provisions (£307,000 in 2014 and £222,000 2015).  Management costs for 2016 onwards will need to be included in the next MFTP planning process”.

£70,000 was drawn down from Central Contingency funding in 2014 under MD-C-2014-0144, which also stated that other charities law contingency funds would be transferred as and when required during 2015.

Resource implications

The Chief Minister’s Department’s revenue head of expenditure to increase by £89,000 in 2015 and the Central Contingency (one-off) to decrease by the identical amount.  This decision does not change the total amount of expenditure approved by the States for the period of the current MTFP 2013 to 2015.

Action required

Research and Project Officer to notify the Finance Manager – Corporate Group that the decision has been approved.

Signature

 

 

 

 

Position

 

Senator I J Gorst

Chief Minister

 

 

 

Date signed

Effective date of the decision

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