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Dormant Bank Accounts (Jersey) Law 2017: Publication of Guidance Notes

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 September 2017:

Ministerial decision reference    MD-C-2017-118

Decision summary title:  Publication of Guidance Notes: Dormant Bank Accounts (Jersey) Law 2017

Decision summary author

Lead Policy Adviser, Financial Services

Is the decision summary public or exempt?  

Public

Report title  Publication of Guidance Notes: Dormant Bank Accounts (Jersey) Law 2017

Report author or name of

person giving report

N/A

Is the report public or exempt?

Public

Decision and reason for the decision

The Chief Minister approved the publication of Guidance Notes in connection with the policies and procedures to be followed by the banks pursuant to the Dormant Bank Accounts (Jersey) Law 2017 (the “Law”).

On 17 July the Dormant Bank Accounts (Notices, Fees and Terms of Agency) (Jersey) Order 2017 (the “Order”) came into force.

The aim of the Law is to transfer balances in “dormant” bank accounts (that is, in general terms, accounts where contact has been lost with the customer for at least 15 years) from banks to a central fund called the Jersey Reclaim Fund (the “Fund”).  The Law requires that some of the money in the Fund is to be retained to cover potential claims from bank customers.  The remainder will be used to support a number of charitable purposes in the local community and the costs of the Charity Commissioner.

 

The Guidance Notes have been prepared after consultation with the banks and provide guidance on the requirements for a bank in relation to the notification of dormant accounts, making a transfer to the Fund, dealing with any reclaims from former account holders and how to claim repayment from the Fund of any moneys paid to a bank customer.  The Guidance Notes also deal with the operation of the transitional provisions.

 

Resource implications  

There are no resource implications for the States of Jersey as a result of this decision.

Action required  

That the Chief Minister approve the Guidance Notes for publication.  That the Lead Policy Adviser then take steps to publish the Guidance Notes on the www.gov.je website, and to circulate them to industry representatives. 

SIGNATURE:

 

POSITION:

 

Senator Ian Joseph Gorst

Chief Minister

DATE SIGNED

 

EFFECTIVE DATE OF THE DECISION

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