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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Budget Transfer between Heads of Expenditure under Public Finance (Jersey) Law 2005

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 11 January 2019

Decision Reference:  MD-TR-2019-0001

Decision Summary Title:

Health and Community Services: Use of income from gift funds and transfer between capital heads of expenditure.

Date of Decision Summary:

4th January 2019

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:

Health and Community Services: Use of income from gift funds and transfer between capital heads of expenditure.

Date of Written Report:

4th January 2019

Written Report Author:

Head of Decision Support

Written Report :

Public or Exempt?

Public

Subject: Health and Community Services: Use of income from gift funds and transfer between capital heads of expenditure

Decision(s): The Minister approved:

  • The transfer of £1 million from gift funds to the Health and Community Services revenue head of expenditure in 2019 and the use of that additional income;
  • The use of £1.07 million from capital head of expenditure JJZO106 (Equipment Replacement) to install a second new MRI to modern standards; and,
  • The transfer of up to £330,000 from the MRI Scanner capital head of expenditure JZO115 to the Equipment Replacement capital head of expenditure.

 

Reason(s) for Decision:

Article 19(1) of the Public Finances (Jersey) 2005 states that If, during a financial year, the Minister is satisfied that the income of a States funded body which has a revenue head of expenditure for the year is likely to exceed its estimated income taken into account in approving that head of expenditure

(a)     the Minister may authorize the body to withdraw from the consolidated fund during that year an amount not exceeding the likely excess of income.

 

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 for Treasury and Resources, be used for the purposes of another head of expenditure.

 

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

 

Resource Implications: The balance on the MRI scanner capital heads of expenditure will reduce to zero following the transfers and the purchase of the second MRI scanner. The balances on the Vinson, Newton and Hunt gift funds will reduce to zero and they will be closed.

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:

 

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