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Property Holdings - Delegated Financial Functions.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (21/12/2006) regarding Property Holdings - Delegated Financial Functions.

 

Subject:

PROPERTY HOLDINGS - DELEGATED FINANCIAL FUNCTIONS

Decision Reference:

MD-PH-2006-0105

Exempt clause(s):

N/A

Type of Report: (oral or written)

Written

Person Giving Report (if oral):

N/A

Telephone or

e-mail Meeting?

N/A

Report

File ref:

RF/18/08/12/06

Written Report –

Title

Property holdings - delegated financial functions

Written report - author

R.Foster

Decision(s):

The Minister :

approved the proposed delegated authority for contract signing as detailed in the report;

approved the proposed authorised signatory list in the schedule attached to the report, to be effective from 18 December 2006; and

agreed that, in respect of the authorised signatory list, personnel changes to existing posts be reported by the Director to the Treasurer, but any additions or other material changes are referred to the Ministerial for approval.

Reason(s) for decision:

To enable business related financial decisions to be taken at an appropriate level within the organisation, whilst complying with the requirements of Financial Direction 5.7

Action required:

Inform Treasurer and authorised signatories.

Signature:

Senator T A Le Sueur

Minister

Date of Decision:

21 December 2006

Hide report
Property Holdings - Delegated Financial Functions.

TREASURY AND RESOURCES MINISTER

Property Holdings - Delegated Financial Functions

1. Purpose of Report

1.1. The purpose of this report is to enable the Minister for Treasury and Resources to consider, and if deemed appropriate, endorse the proposals set out in this report and the attached schedule to delegate certain financial functions to the Assistant Minister, Director of Property Holdings and named officers.

2. Background

2.1. Property Holdings, part of the Treasury and Resources Department, will from time to time enter into contracts for the construction, demolition, alteration or repair of buildings and for other associated services.

2.2. Article 26 of the States of Jersey Law 2005 provides that a minister is a corporation sole having the power to enter into agreements for the purpose of his office (paragraph (1) (c) (i) and to do anything necessary or expedient for or incidental to any of the matters referred to in any of the foregoing clauses (paragraph (1) (c) (iv).

2.3. The Power of the Minister to delegate functions is set out at Article 28 of the States of Jersey Law 2005 as follows:

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(c) any function the delegation of which is prohibited by an enactment.

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

2.4. Under Financial Direction 5.7, Purchasing of Goods and Services, paragraph 6.2, purchases of from £20,000 to £50,000 should be authorised by the Department’s finance director.

2.5. Formal written contracts should be used for expenditure above £50,000 and the minister should be the contracting party for the States. Historically, with contracts where the States is the contracting party (e.g. corporate contracts), the Greffier has been delegated responsibility for signing the contract.

3. Comments

3.1. The range of activities undertaken by the Property Holdings Department, together with its geographic dislocation, requires a number of signatories to be authorised for the certification and payment of accounts.

Contract Signing

3.2. It is proposed that, for contracts entered into by the Minister for Treasury and Resources, for work commissioned by Property Holdings, he should delegate responsibility for signing the contract to:

· The Assistant Minister, for contracts between £1,000,000 and £5,000,000;

· The Director of Property Holdings, or in his absence the Assistant Director - Finance and Strategy, for contracts with a value up to £1,000,000.

3.3. For the avoidance of doubt, the proposed delegations are in addition to the powers delegated to the Assistant Minister and Director of Property Holdings in respect of Standing Order 168, as set out in Ministerial Decision MD-TR-2006-0005.

Other Financial Transactions

3.4. The proposed type and value of authorisation for financial transactions other than contract signing is detailed in the schedule attached as Appendix A.

3.5. As Property Holdings is a developing organisation, the list will require revision at regular intervals. It is proposed that updating for personnel changes to existing posts be reported by the Director to the Treasurer, but any additions or other material changes to the list will seek Ministerial approval.

4. Recommendation

4.1. That the Minister approves the proposed delegated authority for contract signing, as detailed above, and agrees the proposed authorised signatory list in the schedule attached to this report.

5. Reason for Decision

5.1. To enable business related financial decisions to be taken at an appropriate level within the organisation, whilst complying with the requirements of Financial Direction 5.7

Treasury and Resources Property Holdings

3 January, 2007 for Decision Meeting 21st /12/2006

 

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