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West Linkspan Civil Works, Elizabeth Harbour: Jersey Harbours Trading Fund: Approval of Use

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 February 2013:

Decision Reference: MD-TR-2013-0008

Decision Summary Title:

West Linkspan civil works, Elizabeth Harbour

Date of Decision Summary:

7 February 2013

Decision Summary Author:

Head of Financial Management, Accounting and Reporting

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

West Linkspan civil works, Elizabeth Harbour

Date of Written Report:

7 February 2013

Written Report Author:

Head of Financial Management, Accounting and Reporting

Written Report :

Public or Exempt?

Exempt 3.2.1(a) (xi)

Subject:  Approval for use of Jersey Harbours Trading Fund for West Linkspan civil works, Elizabeth Harbour.

Decision(s): 

The Minister approved the use of the Sterling equivalent of (€4,658,000 + £1,616,380) minus the approval already given of £2,975,000 (hedged as per TR-2013-DD010) from the Jersey Harbours Trading Fund for use on the West Linkspan civil works, Elizabeth Harbour.

Reason(s) for Decision:  Regulation 22(2) of the Public Finances (Transitional Provisions) (No.2) (Jersey) Regulations 2005 provides that ‘money standing to the credit of the trading fund of a States trading operation may also be used, with the approval of the Minister [for Treasury and Resources], for a capital project if –

(a) the amount approved by the States for the project as part of the annual business plan has proved to be insufficient; or

(b) the project arises from a contingency that could not have been reasonably foreseen at the time the estimates of the States trading operation were submitted to the Minister in accordance with Article 8 of the 2005 Law for inclusion as part of an annual business plan.’

Resource Implications:  The balance of the Jersey Harbours Trading Fund to decrease by the Sterling equivalent of (€4,658,000 + £1,616,380) minus the approval already given of £2,975,000 (hedged as per TR-2013-DD010), and the capital head of expenditure to increase by an identical amount.

Action required:  Business Manager to notify Assistant Accountant, Financial Accounting and Group Financial Controller that this decision has been approved.

Signature:

 

 

 

Position: Senator P F C Ozouf, Minister for Treasury and Resources

 

                 

Date Signed:        

 

Date of Decision:  

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