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Budget transfer from Unspent Capital Allocations to 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.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 5 October 2018:

Decision Reference:  MD-TR-2018-0122

Decision Summary Title:

Transfer of Unspent Capital Allocations to Central Contingencies

Date of Decision Summary:

14th September 2018

Decision Summary Author:

Head of Decision Support

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Transfer of Unspent Capital Allocations to Central Contingencies

Date of Written Report:

14th September 2018

Written Report Author:

Financial Performance Reporting Manager

Written Report :

Public or Exempt?

Public

Subject: A non-recurring transfer of £3,730,519.09 from various Capital Heads of Expenditure (as detailed in the attached report) to Central Contingencies.

Decision(s): The Minister decided to approve a non-recurring transfer of £3,730,519.09 from the Capital Heads of Expenditure to Central Contingencies.

Reason(s) for Decision:

 

Article 18(1A) 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 the head of expenditure to contingency expenditure, within or after the end of the relevant financial year.

 

Article 18(1B) of the Public Finances (Jersey) Law 2005 states that the Minister shall, after consulting the Chief Minister and PAO, give the States Assembly at least 2 weeks’ notice before an amount is transferred under paragraph (1)(c).

Article 18(1C) of the Public Finances (Jersey) Law 2005 states that before giving notice under paragraph (1B), the Minister shall, in relation to any States funded body, consult the Minister responsible for that body. The Ministers for the departments listed have been consulted.

 

The Chief Minister and Principal Accountable Officer (PAO) have been consulted.

 

Resource Implications: Capital Heads of expenditure to decrease by £3,730,519.09 in 2018 and Central Contingencies to increase by the same amount.

This decision does not change the total amount of expenditure approved by the States in the Medium Term Financial Plan 2016-2019.

Action required: Head of Decision Support to advise the Financial Performance Reporting Manager once this decision has been approved.  

 

In accordance with Article 18 (1B) the Greffier of the States is requested to arrange for the attached report to be presented to the States at least 2 weeks before the transfer is concluded. After the expiry of 2 weeks following presentation to the States the transfer may be concluded.

Signature:

 

 

 

 

Position: Deputy S J Pinel,

Minister for Treasury and Resources

                

 

Date Signed:

Date of Decision:

 

Budget transfer from Unspent Capital Allocations to Central Contingencies

 - 1 -

States Treasury and Exchequer

Ministerial Decision Report

 

 

 

 

 

TRANSFER OF UNSPENT CAPITAL BUDGETS TO CENTRAL CONTINGENCIES

 

 

  1. Purpose of Report

To request the approval of a non-recurring transfer of £3,730,519.09 from various Capital Heads of Expenditure listed below to Central Contingencies.

 

 

  1. Background

The outturn cost of capital projects is inherently variable with many factors such as ground conditions, local market conditions and even weather contributing to the final cost. These factors are managed through an appropriate level of project contingency which is set at the start of the project to manage risk and contain the total project costs within the approved allocation.

 

As a result, there can be budget remaining unspent and no longer required for the purpose it was approved once projects are complete. There are also instances where budget is allocated for a specific capital project but as work progresses to develop the project, circumstances change in a Department’s priorities or service delivery requirements which mean the budget is no longer required for that purpose.

 

Existing capital allocations have been reviewed to identify any funds that are no longer required and which could be reallocated in order to manage pressures from within existing resources. Specific comments on two of the allocations are provided below:

 

Children’s Homes: £2 million was allocated in 2013 to develop homes for children who require residential care. £750,000 of this was allocated to an upgrade of the Oakwell respite care home. This project completed in 2014. The remaining £1.25 million was allocated for the construction of three new care homes for people with autism on the Greenfields site. This project was taken to the point of tendering for the project (with £220,000 of associated fees which will need to be written off to revenue) before it was decided to put the project on hold pending a review of service provision by the H&SS Corporate Directorate.

 

Refurbishment of Sandybrook: £1.2 million was allocated in 2014 to upgrade and refurbish the Sandybrook Care Home. Following more detailed feasibility works it was found that the £1.2 million would be insufficient to undertake the works required to the home. It was decided to put this project on hold and review the island’s Care Home requirements and current provision so that the funding could be best utilised. Based on this it has been decided to transfer the funding to Central Contingencies so that it can be re-prioritised.

 

If further proposals relating to the above schemes are brought forward they will be reconsidered for allocation of capital funding,

 

3. Recommendation

The Minister is recommended to approve a non-recurring transfer of £3,730,519.09 from various Capital Heads of Expenditure listed above to Central Contingencies.  

 

 

 

4.   Reason for Decision

 

Article 18(1A) 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 the head of expenditure to contingency expenditure, within or after the end of the relevant financial year.

 

Article 18(1B) of the Public Finances (Jersey) Law 2005 states that the Minister shall, after consulting the Chief Minister and PAO, give the States Assembly at least 2 weeks’ notice before an amount is transferred under paragraph (1)(c).

Article 18(1C) of the Public Finances (Jersey) Law 2005 states that before giving notice under paragraph (1B), the Minister shall, in relation to any States funded body, consult the Minister responsible for that body. The Minister for the departments listed have been consulted.

 

The Chief Minister and Principal Accountable Officer (PAO) have been consulted.

 

 

5.  Resource Implications

This decision will result in the listed capital heads of expenditure decreasing by £3,730,519.09 in 2018 and Central Contingencies increasing by the same amount.

 

This decision does not change the total amount of expenditure approved by the States for 2017 in the Medium Term Financial Plan.

 

 

 

 

 

Report author : Financial Performance Reporting Manager

Document date 14th September 2018

Quality Assurance / Review : Director of Financial Planning and Performance/ Head of Decision Support

File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DS, WR and SD\2018-0122 - Transfer of unspent capital to Contingency £3.73m

MD Sponsor: Director of Financial Planning and Performance

 

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