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Budget Transfer: Central Contingency to Department of the Environment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 December 2015:

Decision Reference:  MD-PE-2015-0077

Decision Summary Title:

Allocation of funds from Central Contingency to the Department of the Environment re Planning Appeal Tribunal funding, and subsequent transfer to the Judicial Greffe

Date of Decision Summary:

04 December 2015

Decision Summary Author:

Finance Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Allocation of funds from Central Contingency to the Department of the Environment re Planning Appeal Tribunal funding, and subsequent transfer to the Judicial Greffe

Date of Written Report:

04 December 2015

Written Report Author:

Finance Manager

Written Report :

Public or Exempt?

Public

Subject:

Budget transfer of up to £192,200 from Central Contingency to the Department of the Environment (DOE), and subsequently to the Judicial Greffe (JG), in relation to funding the Planning Appeals Tribunal (PAT).

Decision(s):

The Minister approved the Written Report and requested the transfer of up to £192,200 from Central Contingency to the DOE Revenue head of expenditure, and the subsequent transfer to the JG head of expenditure.

Reason(s) for Decision:

Article 18 of the Public Finances (Jersey) Law 2005 (the Law) and Finance Direction No.3.6 ‘Variations to Heads of Expenditure’ (the FD) set out the procedures for transfers between heads of expenditure.  Paragraph 5.1 of the FD and Article 18(2)(c) of the Law require departments wanting to transfer funds between heads of expenditure to obtain the approval of the Minister responsible for their administration.  Article 18(1)(c) of the Law requires the approval of the Minister for Treasury and Resources for any budget transfers between heads of expenditure.  Paragraph 5.2 of the FD delegates non-contentious transfers between heads of expenditure up to £1,000,000 to the Treasurer of the States.  Paragraph 5.3 of the FD states that, in all other instances, the approval of the Minister for Treasury and Resources must be obtained.

 

The allocation of funding from Central Contingency was previously confirmed in the States Assembly during the debate on proposition P.87/2013 on 11 September 2013.

Resource Implications:

The revenue head of expenditure for the Judicial Greffe will increase by up to £192,200 and Central Contingency will decrease by up to £192,200.  This decision has no manpower implications.

Action required:

The Finance Director to request the approval of the Minister for Treasury and Resources Department for these budget transfers.  The Finance Director will also ask the accounting officer for the Judicial Greffe to confirm their acceptance of these budget transfers.

Signature:

Deputy S Luce

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision:

 

 

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