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Lady Florence Trent Fund: Closure and use of income

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 November 2015:

Decision Reference: MD-T-2015-0093

Decision Summary Title:

Closure of Lady Florence Trent Fund and use of income

Date of Decision Summary:

25 November 2015

Decision Summary Author:

Finance Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Closure of Lady Florence Trent Fund and use of income

Date of Written Report:

25 November 2015

Written Report Author:

Finance Manager

Written Report :

Public or Exempt?

Public

Subject:  Closure of the Lady Florence Trent Fund (the “Fund”) and receipt of income being £35,376.76 as at 31 August 2015, plus any additional interest thereon until the date of closure, to fund maintenance and upgrade works at Coronation Park, and associated budget transfers.

Decision(s):  The Minister approved the proposed closure of the Fund, the use of income and the associated budget transfers.

Reason(s) for Decision:  Article 17 (1) of the Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 states that money forming part of trust assets shall be managed, handled and accounted for by the Treasurer.

 

Article 5.12 of FD 3.6 allows that “…income of States funded bodies over and above the estimated income notified to the States in the Annual Business Plan may be used automatically for additional expenditure…where any such income and associated additional expenditure match in terms of purpose and/or amount…”.

 

Article 5.1 of FD 3.6 requires that Departments wanting to transfer funds between heads of expenditure must obtain the approval of their minister or of their accounting officer where a scheme of delegation exists.  The creation of an income budget and expenditure budget constitutes a transfer for the purposes of FD 3.6.  This power has been delegated by the Minister under MD-T-2012-0006 up to the limit of £200,000.

 

Article 5.2 of FD 3.6 states that the approval of non-contentious transfers between heads of expenditure up to £1,000,000 is delegated to the Treasurer of the States.

Resource Implications:  As a result of the recommendations listed above, the Fund will decrease by £35,376.76 (plus any additional interest thereon), the TTS revenue head of expenditure will decrease by £35,376.76 (plus any additional interest thereon) and the TTS Replacement Assets (Q00MC10012) capital head of expenditure will increase by an equal amount.

Action required:  The Treasurer is requested to take the necessary steps to effect the closure of the Fund and the associated transfer of funds to TTS.

The Treasurer is also requested to approve the creation of income and expenditure budgets totalling £35,736.76 (plus any additional interest thereon) in the TTS revenue head of expenditure.

The Treasurer is, lastly, requested to approve the transfer of £35,736.76 (plus any additional interest thereon) budget between the TTS revenue head of expenditure and the TTS Replacement Assets (Q00MC10012) capital head of expenditure.

Signature:

 

 

Position:

Minister for Transport and Technical Services

Date Signed:

 

 

Date of Decision (if different from Date Signed):

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