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Police Headquarters Re-Location: Criminal Offences Confiscation Fund (COCF): Application of funding - budget transfer

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 January 2015:

Decision Reference:  MD-HA-2015-0013

Decision Summary Title:

Application of COCF Funding to the Police Headquarters relocation capital project.

Date of Decision Summary:

23 January 2015

Decision Summary Author:

Finance Director

Home Affairs

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Police Headquarters Relocation Project – Contribution from the COCF towards capital costs (Consolidated Fund)

Date of Written Report:

23 January 2015

Written Report Author:

Finance Director

Home Affairs

Written Report :

Public or Exempt?

Public

Subject:  The application of funding of £9,400,000 from the Criminal Offences Confiscation Fund (COCF) to the Home Affairs Department (HAD) for the Police Headquarters relocation capital project.

 

Decision(s): The Minister:

  • agreed to seek the approval of the Minister for Treasury and Resources to use the income of £9,400,000 received from the COCF;
  • approved a non-recurring budget transfer of £9,400,000 from the HAD revenue head of expenditure to the Treasury and Resources (Jersey Property Holdings) Police Relocation capital head of expenditure;
  • agreed to seek the approval of the Minister for Treasury and Resources of a non-recurring budget transfer of £9,400,000 from the HAD revenue head of expenditure to the Jersey Property Holdings Police Relocation capital head of expenditure.

 

Reason(s) for Decision:

  • An application was made to the COCF for funding to contribute towards capital costs of the Police Headquarters relocation capital programme in order to:
  • ensure that the Consolidated Fund remains in balance as detailed in the Draft Budget Statement 2015 and Addendum (£6,400,000)
  • move funding required for the Independent Jersey Care Inquiry into central contingencies (£3,000,000).
  • On 3 September 2014 the Council of Ministers endorsed the utilisation of the available COCF funds to contribute towards the capital costs of the Police Headquarters relocation capital project proposed by the Minister for Treasury and Resources as part of the Budget Statement 2015 proposed measures to balance the consolidated fund.
  • On 23 January 2015 the HM Attorney General confirmed that ‘the terms of the Proceeds of Crime (Jersey) Law, 1999 do not prevent the use of the money for these purposes’..
  • Article 19(1)(a) of the Public Finances (Jersey) Law 2005 states that if, during a financial year, the Minister is satisfied that the income of a States funded body is likely to exceed its estimated income, the Minister may authorise the body to withdraw from the consolidated fund during that year an amount not exceeding the likely excess of income. 
  • Article 18(1)(c) of the Public Finances (Jersey) Law 2005 states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure.

Resource Implications: Once the HAD income target budget and the HAD revenue head of expenditure have been increased by £9,400,000 this sum is subsequently to be transferred from the HAD revenue head of expenditure to the JPH Police Relocation capital head of expenditure.

 

There are no manpower implications.

 

Action required: Finance Director to advise the Head of Financial Management, Reporting and Accounting, Treasury and Resources Department that this decision has been approved.

 

Signature:

 

Position:

Minister for Home Affairs

 

Date Signed:

 

 

Date of Decision (if different from date signed):

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