Chief Minister: Delegation of Functions

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 January 2012:

Decision Reference: MD-C-2012-0005
Decision Summary Title :	Delegation of Functions: Authorisation of Budget Transfers - Director of International Affairs		Date of Decision Summary:	6th January 2012
Decision Summary Author:	Project and Research Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Project and Research Officer
Written Report Title :	Delegation of Functions: Authorisation of Budget Transfers - Director of International Affairs		Date of Written Report:	6th January 2012
Written Report Author:	Project and Research Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Delegation of Functions: Authorisation of Budget Transfers - Director of International Affairs
Decision(s): The Chief Minister, acting in accordance with Article 28 of the States of Jersey Law 2005, agreed to delegate his authority under the Public Finances (Jersey) Law 2005 - Financial Direction 3.6 to the Director of International Affairs for budget transfers of up to £200,000.
Reason(s) for Decision: Under Financial Direction 3.6 of the Public Finances (Jersey) Law 2005 departments that want to transfer funds between heads of expenditure must obtain the approval of their minister or accounting officer where a scheme of delegation exists. In order to avoid undue administrative burden on the Chief Minister through the ministerial decision process, it is requested that the approval of non-contentious budget transfers to and from the Chief Minister’s Department (International Affairs section) are delegated to the Director of International Affairs. This delegation applies for sums of up to £200,000.
Resource Implications: There are no resource implications.
Action required: The Greffier of the States is requested to present the attached report to the States Assembly.
Signature:		Position: Senator I.J. Gorst Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Chief Minister: Delegation of Functions

STATES OF JERSEY

STATES OF JERSEY LAW 2005:

DELEGATION OF FUNCTIONS – NON-CONTENTIOUS BUDGET TRANSFERS – DIRECTOR OF INTERNATIONAL AFFAIRS

Report

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister.

The Law states –

“28 Power of Minister to delegate functions

(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;

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

Delegation

The Chief Minister acting in accordance with Article 28 of the States of Jersey Law 2005 has agreed to delegate the following functions:

Legislation:	Public Finances (Jersey) Law 2005 - Financial Direction 3.6 – variations to Heads of Expenditure

Delegate:	Director of International Affairs, Chief Minister’s Department

Function delegated:	Approval of non-contentious budget transfers of up to £200,000.

Scope of delegation:	Up to £200,000 for non-contentious budget transfers.

Reason for delegation:	To reduce the undue administrative burden on the Chief Minister through the ministerial decision process.