Budget transfer from Central Contingencies to Office of the Data Protection Commissioner: Data Protection Authority (Jersey) Law 201-: Implementation

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A decision made 19 January 2018:

Decision Reference: MD-TR-2018-0010
Decision Summary Title:	Contingency funding to the Office of the Data Protection Commissioner for the implementation of the Data Protection Authority (Jersey) Law 201- and the increased running costs of the new Data Protection Authority.		Date of Decision Summary:	15th January 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:
Written Report Title:	Contingency funding to the Office of the Data Protection Commissioner for the implementation of the Data Protection Authority (Jersey) Law 201- and the increased running costs of the new Data Protection Authority.		Date of Written Report:	15th January 2018
Written Report Author:	Head of Decision Support		Written Report : Public or Exempt?	Public
Subject: Non-recurring transfer of up to £807,533 in 2018 and up to £1,146,000 in 2019 from Central Contingencies to the Office of the Data Protection Commissioner revenue head of expenditure for the implementation of the Data Protection Authority (Jersey) Law 201- and the increased running costs of the new Data Protection Authority.
Decision(s): The Minister approved a non-recurring transfer of up to £807,533 in 2018 and up to £1,146,000 in 2019 from Central Contingencies to the Office of the Data Protection Commissioner revenue head of expenditure.
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 to heads of expenditure of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year. The current Contingency Allocation Policy (published as R.110/2017) sets the requirement for all allocations from Contingency over £100,000 to be considered by the Council of Ministers prior to submission to the Minister for approval. At its meeting on 8th November 2017 the Council of Ministers recognised the importance of this legislation and endorsed the Draft Data Protection (Jersey) Law 201- and the draft Data Protection Authority (Jersey) Law 201-. On 24th November 2017 the COM were requested to approve additional transitional running and implementation costs. P.117/2017 Draft Data Protection Authority (Jersey) Law 201- was agreed by the States at its sitting on 16th January 2018. The Office of the Data Protection Commissioner will be able to draw down up to the amounts set out in this decision once the Chief Minister’s Department and the Treasurer of the States have been provided with reasonable evidence that expenditure has been incurred or needs to be committed. Those drawdowns will then be effected by documented decision of the Treasurer.
Resource Implications: The Office of the Data Protection Commissioner revenue head of expenditure will increase by up to up to £807,533 in 2018 and up to £1,146,000 in 2019 and Central Contingencies will decrease by an identical amount. This decision does not change the total amount of expenditure approved by the States for 2017-2019 in the Medium Term Financial Plan.
Action required: Head of Decision Support to advise the Policy and Research Officer – Chief Minister’s Department once this decision has been approved.
Signature:		Position: Senator A J H Maclean, Minister for Treasury and Resources
Date Signed:		Date of Decision: