Public Finances (Transitional Arrangements) (Amendment No. 2) (Jersey) Order 2013

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 June 2013:

Decision Reference: MD-TR-2013-0047
Decision Summary Title:	Public Finances (Transitional Arrangements) (Amendment No.2)(Jersey) Order 2013		Date of Decision Summary:	24 June 2013
Decision Summary Author:	Head of Financial Management, Accounting & Reporting		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	N/A		Person Giving Oral Report:	N/A
Written Report Title:	Public Finances (Transitional Arrangements) (Amendment)(Jersey) Order 201-		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?
Subject: Public Finances (Transitional Arrangements) (Amendment No.2) (Jersey) Order 2013.
Decision(s): The Minister made the Public Finances (Transitional Arrangements) (Amendment No.2) (Jersey) Order 2013.
Reason(s) for Decision: The current Transitional Order expires on 30th June 2013. Amendments to the Public Finances (Jersey) Law 2005 are lodged with the States with debate scheduled for September 2013. The Order proposes the extension of existing provisions which enable the greater transferability of funds between heads of expenditure and also enable the Minister to take forward an additional funding request under the previous 11(8) funding route. This Order extends the transitional period during which certain rules in the Public Finances (Jersey) Law 2005, as it was in force before the commencement of the Public Finances (Amendment No. 3) (Jersey) Law 2011, continue to apply. The rules are – (a) the ability for the States to amend a head of expenditure, on a proposition lodged by the Minister for Treasury and Resources, on the grounds that there is an urgent need for expenditure and no expenditure approval is available; (b) the ability to vary a head of expenditure in accordance with Article 15 of the Public Finances (Jersey) Law 2005 as it was formerly in force. The transitional period is extended for each of these rules until the draft Public Finances (Amendment No. 4) (Jersey) Law 201- (P.73/2013) is withdrawn or rejected by the States or until the replacement rule in that Law is either not proposed in debate or rejected in debate or, if that draft Law is adopted by the States, until the replacement rule comes into force.
Resource Implications: There are no financial or manpower consequences as a result of the introduction of this Order.
Action required: The Greffier of the States to be requested to lay the attached Order before the States at the earliest opportunity.
Signature:		Position: Senator P F C Ozouf, Minister for Treasury and Resources
Date Signed:		Date of Decision: