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Jersey Society for the Prevention of Cruelty to Animals: Provision of a Secured Loan

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 January 2019

Decision Reference:  MD-TR-2018-0144

Decision Summary Title:

JSPCA – provision of a loan

Date of Decision Summary:

 24th December 2018

Decision Summary Author:

Director of Treasury & Investment Management

Decision Summary:

Public or Exempt?


Type of Report:

Oral or Written?


Person Giving

Oral Report:


Written Report


Jersey Society for the Prevention of Cruelty to Animals – Provision of a Secured Loan


Date of Written Report:

24th December 2018

Written Report Author:

Director of Treasury & Investment Management

Written Report :

Public or Exempt?

Exempt under Article 33(b) of the Freedom of Information (Jersey) Law 2011

Subject: To request that the Minister for Treasury and Resources approves an interest-bearing secured loan for £500,000 to the Jersey Society for the Prevention of Cruelty to Animals (“JSPCA”) repayable no later than 30th June 2020.


Decision(s): The Minister decided to approve the provision of a secured loan to the JSPCA. The Minister further decided to authorise the Treasurer of the States to sign a loan agreement in accordance with this Ministerial Decision and ensure that the States are notified of the issuance of the new loan agreement in accordance with Regulation 13(4) of the Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005.


Reason(s) for Decision:  Article 13 of the Public Finances (Transitional Provisions) (No.2) (Jersey) Regulations 2005 details the maximum amounts delegated to the Minister for Treasury and Resources in relation to lending money in the name of and on behalf of the States:

The Minister may, in any financial year, in the name of and on behalf of the States, lend up to £500,000 in respect of any one transaction where –

(a) the total amount lent in that financial year by virtue of this paragraph does not exceed £3 million;

(b) the amount lent by virtue of this paragraph and still outstanding at any one time does not exceed £10 million; and

(c) any amount lent by virtue of this paragraph is repayable within 20 years.

The provision of this loan falls within the parameters set by the Regulations. A thorough and robust assessment of the JSPCA’s ability to repay the loan under the terms proposed has been carried out.


Resource Implications:

To date, the resources of the States Treasury and Exchequer have been utilised in assessing this proposal. The provision of the loan requires no significant additional manpower to implement and the provision and monitoring of loans forms part of the day-to-day activity of the Treasury & Investment Management team.

The loan agreement will be based on existing documentation but may require minor amendments from the Law Officer’s Department to reflect the specific loan terms and the legal charge. The loan will initially provide a fixed rate of return to the Consolidated Fund which is significantly in excess of the current investment return on the cash held and there is sufficient surplus cash available to make the loan over the timeframe proposed.


Action required: The Head of Decision Support to advise the Director of Treasury & Investment Management when the decision has been signed. The Director of Treasury & Investment Management to request the Law Officers’ Department prepare the relevant loan documentation for completion by both parties.







Position: Position: Deputy S J Pinel,

Minister for Treasury and Resources




Date Signed:

Date of Decision:

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