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Trinity School Works Contract Variation and Budget transfer from Department of Infrastructure for relocation of head-teacher's office

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 September 2016:

Decision Reference:  MD-T-2016-0085

 

Decision Summary Title :

Transfer from Department for Infrastructure revenue head of expenditure to the Additional Primary School Accommodation capital head of expenditure

Date of Decision Summary:

20 September 2016

Decision Summary Author:

JPH Assistant Director

Decision Summary:

Public or Exempt?

Public  

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Transfer from Department for Infrastructure revenue head of expenditure to the Additional Primary School Accommodation capital head of expenditure

Date of Written Report:

20 September 2016

Written Report Author:

JPH Assistant Director

Written Report :

Public or Exempt?

Public

 

Subject:   A non-essential variation to the Trinity School works contract, and a transfer of £75,000 from the Department for Infrastructure (DfI) revenue head of expenditure to the Additional Primary School Accommodation Capital head of expenditure. This is for the relocation of the Headteacher’s office within the current contract programme of works at Trinity School.

 

Decision(s): The Minister decided, as recommended by Jersey Property Holdings, to incorporate the additional refurbishment works within the current project and the transfer of Revenue budget to Capital budget.

The Minister decided to request the Minister for Treasury and Resources to approve the budget transfer of £75,000 from the DfI revenue head of expenditure to the Additional Primary School Accommodation head of expenditure.

Reason(s) for Decision: Following the completion of the current capital project to extend Trinity School to increase its intake to meet expected demand from September 2017 (as part of the Additional Primary School Accommodation Capital Head of Expenditure); the hierarchy of ESC and the Headteacher of Trinity School have agreed to re-configure the layout of the existing schools so that more children will benefit from the new classrooms/facilities.

 

Accordingly, to facilitate these operational changes the current Headteacher’s office will require relocating to a more central location within the School facility. The proposed transfer will allow these works to be undertaken in conjunction will the current capital works being undertaken by AC Mauger Limited. The works have been costed on the tendered rates for the capital scheme and will be completed within the same contract period.  

 

The required funding for the identified works is £75,000 which will be utilised from the 2016 JPH Maintenance Department; budget will be transferred from the DfI revenue head of expenditure to the Additional Primary School Accommodation Capital head of expenditure. This will increase the total budget for Trinity School from £1,798,691 to £1,873,691.

The additional works can be completed within the current contract programme of works thereby minimising the need to extend the existing contract programme.

 

Variations to contracts must be authorised in accordance with Financial Directions:

 

5.8.16: Any Project with an Original Contract Sum lower than £5 million:

 

• [variation] less than £15,000 - the Lead Professional is authorised to agree essential variations, which should be reported to the Project Sponsor as soon as possible;

• [variation] between £15,000 and £30,000 - the Lead Professional shall notify the Project Sponsor as soon as possible and before the variation instruction is issued. The Project Sponsor is authorised to agree essential variations up to £30,000, which should then be reported to the Project Management Group; and

• [variation] greater than £30,000 - the Lead Professional/ Project Sponsor shall report the matter to the Sponsoring Minister, before the variation / instruction is issued. The outcome to be reported to the Project Management Group. The Sponsoring Minister is authorised to agree essential variations above £30,000.

 

5.8.20: The actions and thresholds for non-essential variations are the same as for essential variations, however, regardless of the original contract sum, the written authority of the Project Sponsor must be obtained in advance for all non-essential variations.

 

Article 18(1)(a) 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 transferred from a capital head of expenditure to a revenue head of expenditure, or vice versa, in order to comply with generally accepted accounting principles or an Order made under Article 32.

 

Delegation 1.2 delegates authority for non-contentious transfers between heads of expenditure with no financial limit where the transfer is solely to ensure that financial transactions are accurately reflected in the States’ Accounts in accordance with GAAP or an Order made under Article 32 of the Law.

 

Resource Implications:  The DfI revenue head of expenditure to decrease by £75,000 in 2016 and the Additional Primary School Accommodation head of expenditure to increase by £75,000.

 

There are no manpower implications in respect of this decision.

 

Action required:  The Director of Jersey Property Holdings to issue the necessary instructions in accordance with the terms of the contract

 

The Finance Director to seek approval from the Minister for Treasury and Resources and then to action the budget transfer. 

 

Signature:

 

Position:

Minister for Infrastructure

         

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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