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Budget Transfer: Planning Appeals Tribunal: Funding from Central Contingencies

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 December 2015:

Decision Reference:  MD-TR-2015-0137

Decision Summary Title:

Planning Appeals Tribunal – Contingency Funding Allocation

Date of Decision Summary:

15th December 2015

Decision Summary Author:

Head of Decision Support

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Planning Appeals Tribunal – Contingency Funding Allocation

Date of Written Report:

15th December 2015

Written Report Author:

Head of Decision Support

Written Report :

Public or Exempt?

Exempt

(Article 26)

Subject:

Non-recurring Central Contingency allocation in 2015 of up to £192,200 from the Provision for Central Reserves (Central Contingencies) for the funding of the Planning Appeals Tribunal.

Decision(s):

The Minister approved the allocation in 2015 of up to £192,200 from the Provision for Central Reserves (Central Contingencies) to the Department of Environment revenue head of expenditure and the subsequent transfer to the Judicial Greffe revenue head of expenditure for the funding of the Planning Appeals Tribunal.

Reason(s) for Decision: 

Article 17(2) of the Public Finances (Jersey) Law 2005 states that the Minister for Treasury and Resources is authorised to approve the transfer from contingency expenditure or the insurance fund of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year.

 

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 be transferred from one head of expenditure to another head of expenditure for any purpose not mentioned in sub-paragraph (a) or (b).

 

Propositions P.87/2013, P.94/2014 and P.3/2015 agreed that funding for the Planning Appeals Tribunal for 2014 and 2015 would be allocated from Central Contingency, and this was envisaged as being payable to the Department of Environment. 

Resource Implications:

The effect on the Department of Environment revenue head of expenditure is net nil. The Judicial Greffe revenue head of expenditure to increase by up to £192,200 in 2015 and the Provision for Central Reserves (Central Contingencies) to decrease by an identical amount. This decision does not change the total amount of expenditure approved by the States for the period of the current MTFP 2013 to 2015.

Action required:

The Head of Decision Support to notify the Finance Manager, Department of Environment that the decision has been approved.

Signature:

 

Position: Senator A J H Maclean,

Minister for Treasury and Resources                

Date Signed:

Date of Decision:

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