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Information and public services for the Island of Jersey

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

Public Finances Manual

Section amended
Description of change
Reason for change
Date approved by Minister/Treasurer
​Expenditure > Expenditure and procurement​
​Removal of Requirement 8 - Finance Lease Agreements, to refelct the application of IFRS on Leases.
​Clarification
​T 18/12/2024
​Financing > Financing or borrowing
​Changes to reflect the application of IFRS Accounting Standard on Leases​.

​Clarification
​T 18/12/2024
​Assets > Leases
​Changes to reflect the application of IFRS on Leases. Removed: Principle 2 and Requirement 2. Amendment to Requirement 3.
​Clarification
​T 18/12/2024
​Accountability > Accountable Officers in Government Departments
​Requirement 4
​Clarification
​​T 11/11/2024

​Expenditure > Expenses

​New Sub-section

​It sets out which expenses should be payable for employees and which should not be cla​imed or paid.

​M 16/08/2024 (effective 1/10/2024)​

Assets > Land and Property Assets

​New Sub-section

​It brings together all existing references in the PFM to land and property and clarifying existing requirements.

​M 16/08/2024 (effective 1/10/2024)

Risk and audit > Acceptance of gifts and hospitality

​Additional requirement for approval at any value for certain items and clarification of process where approval is unable to be obtained in advance of receipt. Addition of​ principle that gifts re​ceived in the course of employment should not be sold by the recipient for personal gain. Clarification of approval requirements for Non-Ministerial AOs, and separate register for Court Services.

Administrative

​M 16/08/2024 (effective 1/10/2024)

Assets > Assets

​Remove​d references to land and property – now included in new section

​Administrative

​​M 16/08/2024 (effective 1/10/2024)

​Other > Fraud, corruption and money laundering

​Revised Sub-section

​Administrative

​M 16/08/2024 (effective 1/10/2024)

​Risk and audit > Gifts and hospitality offered

​Clarification of arrangements for Ministers and Assistant Minsters and Accountable Officers

​Clarification

​M 16/08/2024 (effective 1/10/2024)

Financing > Guarantees and indemnities

​New requirements relating to indemnities in property leases and standard contract terms and conditions. Some exclusions relating to the Viscount

Administrative

​M 16/08/2024 (effective 1/10/2024)

​Risk and audit > Internal audit

​Revised Sub-section

Administrative

​M 16/08/2024 (effective 1/10/2024)

Risk and audit > Risk management

​​​​​Revised Sub-section

Administrative

​M 16/08/2024 (effective 1/10/2024)

​Expenditure > Role of the Senior Responsible Officer

Change to requirements regarding the SRO appointment letter and the supporting document

​Administrative

​M 16/08/2024 (effective 1/10/2024)

​Expenditure > Covid-19
​Section removed
​Administrative
​T 22/04/2024

Section amended
Description of change
Reason for change
Date approved by Minister/Treasurer
​Expenditure > Expenditure and procurement​
​Removal of Requirement 8 - Finance Lease Agreements, to refelct the application of IFRS on Leases.
​Clarification
​T 18/12/2024
​Financing > Financing or borrowing
​Changes to reflect the application of IFRS Accounting Standard on Leases​.

​Clarification
​T 18/12/2024
​Assets > Leases
​Changes to reflect the application of IFRS on Leases. Removed: Principle 2 and Requirement 2. Amendment to Requirement 3.
​Clarification
​T 18/12/2024
​Accountability > Accountable Officers in Government Departments
​Requirement 4
​Clarification
​​T 11/11/2024

​Expenditure > Expenses

​New Sub-section

​It sets out which expenses should be payable for employees and which should not be cla​imed or paid.

​M 16/08/2024 (effective 1/10/2024)​

Assets > Land and Property Assets

​New Sub-section

​It brings together all existing references in the PFM to land and property and clarifying existing requirements.

​M 16/08/2024 (effective 1/10/2024)

Risk and audit > Acceptance of gifts and hospitality

​Additional requirement for approval at any value for certain items and clarification of process where approval is unable to be obtained in advance of receipt. Addition of​ principle that gifts re​ceived in the course of employment should not be sold by the recipient for personal gain. Clarification of approval requirements for Non-Ministerial AOs, and separate register for Court Services.

Administrative

​M 16/08/2024 (effective 1/10/2024)

Assets > Assets

​Remove​d references to land and property – now included in new section

​Administrative

​​M 16/08/2024 (effective 1/10/2024)

​Other > Fraud, corruption and money laundering

​Revised Sub-section

​Administrative

​M 16/08/2024 (effective 1/10/2024)

​Risk and audit > Gifts and hospitality offered

​Clarification of arrangements for Ministers and Assistant Minsters and Accountable Officers

​Clarification

​M 16/08/2024 (effective 1/10/2024)

Financing > Guarantees and indemnities

​New requirements relating to indemnities in property leases and standard contract terms and conditions. Some exclusions relating to the Viscount

Administrative

​M 16/08/2024 (effective 1/10/2024)

​Risk and audit > Internal audit

​Revised Sub-section

Administrative

​M 16/08/2024 (effective 1/10/2024)

Risk and audit > Risk management

​​​​​Revised Sub-section

Administrative

​M 16/08/2024 (effective 1/10/2024)

​Expenditure > Role of the Senior Responsible Officer

Change to requirements regarding the SRO appointment letter and the supporting document

​Administrative

​M 16/08/2024 (effective 1/10/2024)

​Expenditure > Covid-19
​Section removed
​Administrative
​T 22/04/2024

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​ Background and introduction

​Legislative and Governance Framework

The Public Finances Manu​al represents an integral part of the Jersey Financial Compliance Framework. The Jersey Financial Compliance Framework is an overarching framework developed to help the Government of Jersey to establish and maintain effective financial management and to support the achievement of the Government’s strategic aims, objectives and ultimately deliver expected outcomes.

It provides assurance that departments have implemented appropriate systems to ensure compliance with the Public Finances Law and that they have done so through effective, efficient and responsible financial management of public resources.

The Public Finances Manual is designed to supplement the Public Finances Law and is issued by the Minister for Treasury and Resources. It provides additional direction and information as considered necessary by the Minister for Treasury and Resources to help compliance with the Law.

Purpose, principles and responsibilities

The Public Finances Law prescribes the mandatory elements that must be complied with by all States Bodies to:

  • implement and maintain appropriate financial management practices
  • achieve a consistent standard of accountability and financial reporting

The Public Finances Manual, along with the Public Finances (Jersey) Law 2019, forms a key part of the requirements for regularity i.e. spending public money for the purposes that funding was allocated by the States Assembly. It provides the framework within which all States financial transactions must take place. The States’ external auditors will consider whether transactions comply with relevant sections of the Public Finances Manual when performing their work to support their opinion on the adequacy of the Annual Report and Accounts.

The Public Finances Manual prescribes best practice, high level principles and requirements for financial management. These requirements are mandatory where stated unless an exemption has been approved by the Treasurer or an officer delegated by the Treasurer (Exemption and Breaches should be recorded in the on-line system). This approach allows States bodies to develop organisation specific systems, procedures and practices within an overall framework, which must be tailored to their own business, approved and monitored within their own organisational requirements. Departmental Schemes of Delegation (where department specific arrangements are recorded) must be approved by the relevant Accountable Officer, and a copy approved by the Treasurer of the States. These Schemes of Delegation then form part of the Jersey Financial Compliance Framework.

The majority of sections in the Public Finances Manual contain the following:

  • introduction and background
  • a set of principles
  • requirements

The users of this manual should be guided by the following fundamental principles of public financial management:

  • transparency
  • simplicity and clarity
  • integrity
  • objectivity
  • accountability
  • openness
  • honesty
  • leadership
  • selflessness

Activities relating to the use and management of public resources should be carried out in the spirit as well as the letter of the law, in the interest of the public and to high ethical standards.

In addition to these principles, to ensure proper accountability for public financial resources, activities and initiatives should be continually assessed (i.e. before, during and after activity) against the four essential standards of:

​Standard​Description
​Regularity​All business and activities should be within the legal limits
​Propriety​All business and activities should be carried out in line with the appropriate policies and procedures
​Value for money​Proposals and initiatives should be adequately assessed to ensure that they deliver value for money for the Government of Jersey as a whole
​Feasibility​Adequate assessment should be carried out to determine the likelihood that a proposal will be implemented accurately, sustainably, cost efficiently and in line with the agreed timeline

In addition, all activity should consider Outcomes based accountability. All business and activities should be able to describe how they contribute to strategic outcomes and departmental objectives over time and how they will measure progress made and or service performance in alignment with the Jersey Standard for Performance Management and Business Planning.

The primary responsibilities of key participants in Jersey’s public finance framework such as the Minister for Treasury and Resources, States Treasurer, Principal Accountable Officer, Accountable Officers, Comptroller and Auditor General, the States Assembly, have been set out in the relevant sections of the Public Finances Law, the States of Jersey Law 2005 or the Comptroller and Auditor General (Jersey) Law 2014. A full list of Accountable Officers and their areas of responsibility is published in Supporting documents.

However, all individuals with responsibility for public finances are reminded of their duty to ensure proper financial management through compliance with the requirements set out in this Manual, complemented with the right balance of common sense.

Applicability

The Public Finances Manual applies to all States Bodies as defined in the Public Finances Law being:

  • a Ministry, department or other administration of the States;
  • a non Ministerial States body;
  • a committee or other body established by an Act of the States; or
  • any other holder of a Crown or States appointment funded by the States, including any associated administration of the holder; or
  • a body listed in Schedule 6 of the Public Finances Law – currently only the Office of the Official Analyst​

with the following qualification to that requirement:

Arm’s Length Organisations are encouraged to consider and adopt the requirements of this Manual, as applicable, tailored to their specific activities. They cannot be directed to follow the Manual without their agreement. The Public Finances Manual does not apply where the financial relationship between the Government of Jersey and an external organisation is on a commercial contractual basis.

Any questions relating to the application or interpretation of the requirements of the Public Finances Manual should be referred to the Treasury and Exchequer Department.

Significant control risks

The principles and requirements contained in the Public Finances Manual address significant risks. Identifying these risks helps to explain the context of the Public Finances Manual and provides guidance on what courses of action may be appropriate. Principles and requirements are designed to mitigate risks, however those risks can rarely be eliminated entirely. Each section of the Public Finances Manual details some of the significant risks specific to that section. The risks identify events and circumstances which may arise. With proper management, and following the Public Finances Manual, the likelihood of those events and circumstances occurring is greatly reduced.

There are also some generic or common risk themes which are applicable across the manual and include:

  • the Strategic Priorities of the States or Government of Jersey are not met
  • approved funding is used in a way which does not represent best value for money for the States or Government as a whole
  • receiving poor value for money, unnecessary expense, or non recovery of income may damage the reputation of the States or Government of Jersey
  • risks are not identified and managed
  • approved funding or income is misappropriated or lost to fraud
  • expenditure or income may be incorrectly reported

Using this manual

This Public Finances Manual provides guidance to all administrators of public finances. The principles and requirements in each section taken together provide a guide to best practice in the area covered in the section. Notwithstanding the above principles or any specific requirements of the Public Finances Manual, users are to bear in mind that these are not intended to discourage the application of common sense. Users of the Public Finances Manual should follow the requirements in most situations but should not do so without considering whether an alternative approach may be more appropriate bearing in mind the principles outlined above.

Each section of the Public Finances Manual follows a standard format of three sections:

    • introduction and background
    • principles
    • requirements

The language used in the Public Finances Manual is intended to be clear, unambiguous and capable of understanding without the benefit of detailed financial expertise.

The section on Significant Control Risks identifies the risks which the controls within the Public Finances Manual are designed to mitigate. These should be read to provide background and context on the purpose of the principles and requirements.

For all requirements of the Public Finances Manual, where the section stipulates “must” then the instruction must be followed unless an exemption has been approved by the States Treasurer or his delegate. If a mandatory requirement has not been followed, and an exemption was not obtained in advance, then a breach must be formally recorded and noted by the Treasurer or his delegate. Where the Public Finances Manual stipulates “should”, then it is expected that this approach is taken. In the latter instances, departments must record and retain evidence where an alternative approach is taken but there is no need to formally record a breach.

This Public Finances Manual is not exhaustive and users should consult with colleagues and consider other guidance available when faced with unusual situations. In all cases the four essential standards of regularity, propriety, value for money and feasibility should be the overriding consideration in the administration of public finances.

This Public Finances Manual or specific sections will be amended and reissued from time to time to reflect developing international customs and practices or changes in Jersey’s public finance framework, or otherwise as considered necessary by the Minister for Treasury and Resources. Users are encouraged to check the Government of Jersey website to ensure that they are working with the latest version and to suggest any amendments or additions they believe may be appropriate to the Financial Governance team within Treasury and Exchequer. The website will contain a log of all amendments. Additionally, whenever the Public Finances Manual is updated, all users will be notified by Treasury and Exchequer and a copy forwarded to the States Public Accounts Committee and be made publicly available.

Transitional provisions and effective date

This Public Finances Manual is effective from January 1 2020 and supersedes the Financial Directions previously issued by the States Treasurer under the Public Finances Law. Financial Directions were discontinued on December 31 2019.

Amendments to the Public Finances Manual

All amendments to the Public Finances Manual must be approved by the Minister for Treasury and Resources, or a delegate (if a delegation has been made by public decision of the Minister). Unless a change is required as an emergency measure the Minister will ensure that the following process is followed:

The need for an amendment may be identified through many potential routes, to include:

  • request from Minister for Treasury and Resources or Treasurer
  • recommendation of Internal Audit
  • Risk team
  • Finance Transformation
  • Finance Business Partners
  • recommendation of Comptroller and Auditor General
  • recommendation of Public Accounts Committee and Scrutiny

Financial Governance team to carry out research on best practice and prepare bullet list of potential contents or changes. As a minimum the following sources will be researched:

  • Scottish Public Finances Manual
  • His Majesty's Treasury’s Managing Public Money
  • Western Australia Treasurer’s Instructions
  • Victoria Standing Instructions
  • British Columbia Core Policy and Procedures Manual

​Process for amendments to this manual​​

​The process involves the following steps​:

  • ​​​Group Director of Strategic Finance approves drafting
  • Financial Governance team drafts amendment or new section
  • new or amended sections, excluding items to be added as supporting documents, sent to the Law Officers’ Department, Greffier of the States and Comptroller and Auditor General for a minimum of 5 working days’ consultation
  • amended draft prepared by Financial Governance team
  • amended draft sent to the Principal Accountable Officer and Senior Heads of Finance Business Partnering for a minimum of 10 working days’ consultation. Financial Governance team prepares training material during this period. Senior Heads of Finance Business Partnering will work with the Financial Governance team to ensure consultation includes a reasonable number of end users, such as non finance staff, of the new or amended section
  • amended draft prepared by Financial Governance team
  • amended draft sent to all Accountable Officers for a minimum of 5 working days’ consultation and to the Risk and Audit Committee for information
  • training on new or amended section offered from 5 days before publication
  • new or amended section published by the Minister for Treasury and Resources
  • the Treasurer of the States or their delegate, may decide that the consultation process is combined such that reviewees receive new or amended sections at the same time. Should this happen no group would suffer a reduced consultation period
  • supporting documents can be added or amended to the manual with the agreement of the Group Director of Strategic Finance or their delegate 
  • minor amendments which do not affect the meaning and content of the manual are not subject to the above review process. Any such amendments will be agreed by the Group Director of Strategic Finance and published​

Rolling review of the Public Finances Manual

The Group Director of Strategic Finance must maintain a schedule documenting the programme for review of the contents of the Public Finances Manual. This must ensure that each section is subject to detailed review and checking against best practice sources at least every three years.

Accountability

Principal Accountable Officer

Introduction and background

This section applies to the Principal Accountable Officer, but it is important that all Accountable Officers (other than for Non Ministerial Bodies) are aware of the role and responsibilities of the Principal Accountable Officer as established under the Public Finances Law. The Chief Executive Officer of the Council of Ministers is the Principal Accountable Officer and as such is answerable to the States of Jersey and accountable to the Council of Ministers for the exercise of the functions of the office.

The Principal Accountable Officer is responsible for the appointment of Accountable Officers (except those of Non Ministerial Bodies) and for determining their functions.

Although the Principal Accountable Officer is not responsible for making policy decisions (this responsibility lies with the Government of Jersey, Council of Ministers and Ministers) they are accountable for the implementation of policy with due regard for the need to achieve value for money and good governance.

The Principal Accountable Officer may remove the Accountable Officer status from an officer (other than for Non Ministerial Bodies) .

The appointment of an Accountable Officer for a Specified Organisation (as defined in Schedule 2 of the Public Finances Law) may have implications for the functions of an Accountable Officer (other than for Non Ministerial Bodies) of a States Body; where this is the case, the Principal Accountable Officer will be responsible for amending the functions of the latter Accountable Officer (other than for Non Ministerial Bodies). For example, appointment of an Accountable Officer in a wholly owned company may require an amendment to the functions of the Accountable Officers for Infrastructure, Housing and Environment and Treasury and Exchequer.

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks addressed by this section include:

  • there is a gap in responsibility and accountability for all of the States or Government of Jersey’s direct and indirectly funded expenditure and income
  • the Principal Accountable Officer is not fully aware of their legal responsibilities and accountabilities
  • the Principal Accountable Officer is unaware of the proper course of action to take if they are directed by the Council of Ministers and Chief Minister to take action which they feel conflicts with their responsibilities and accountabilities
  • Accountable Officers (other than for Non Ministerial Bodies) are not appointed for all States Bodies for which they are required, or that vacancies remain unfilled

Principles

1. Accountability lies far beyond what is included in the Law. The Principal Accountable Officer is personally responsible for ensuring that systems are in place to ensure the States is administered efficiently and effectively, and for ensuring that reports to the States Assembly are accurate, meaningful and do not mislead. He or she can be called before the Public Accounts Committee to justify why a particular course of action was taken, or not taken. Initiatives and activities should be assessed through the “Accountable Officer lens” to assess whether they meet the four essential standards of:

  • proprietary
  • regularity
  • value for money
  • feasibility

and should be able to describe how they contribute to strategic outcomes and departmental objectives over time and how they will measure progress made and or service performance in alignment with the Jersey Standard for Performance Management and Business Planning.

2. Performance of a function of the Principal Accountable Officer may be delegated to another person(s), however, personal accountability for that function cannot be delegated. All delegations must be documented and recorded appropriately.

3. The Principal Accountable Officer must ensure that there are procedures in place to ensure proper control and assurance frameworks exist throughout the States.

4. In addition, the Principal Accountable Officer should apply the overarching test of: “Could this course of action be satisfactorily defended in public?” The Nolan Principles (see the Glossary) are of particular importance to the proper performance of the role.

Requirements

1. Role of Principal Accountable Officer

The Principal Accountable Officer must be aware of their role and responsibilities established under the Public Finances Law. In addition, they must always ensure that the standard of financial management is in compliance with the provisions of the Law, any subordinate legislation and the Public Finances Manual. Where a deviation from policy may be required, the decision and rationale should be documented.

2. Appointing Accountable Officers

When appointing an Accountable Officer (other than for Non Ministerial Bodies), the Principal Accountable Officer must specify in the letter of appointment any specific functions expected of individual officers. As such, these Accountable Officers (other than for Non Ministerial Bodies) are responsible to the Principal Accountable Officer. All Accountable Officer appointments (other than for Non Ministerial Bodies) must be in writing and are effective from the date on which the appointed person receives a copy of the notice of appointment. Copies of appointment letters must be sent to the Comptroller and Auditor General, the Treasurer and for information purposes any Minister with responsibility for the area. An Accountable Officer appointed by the Principal Accountable Officer must be a Government of Jersey employee under the terms of the Employment of States of Jersey Employees (Jersey) Law 2005 (or in the case of a specified organisation an employee of that organisation).

3. Interim Principal Accountable Officer appointments

Should the post of Principal Accountable Officer become vacant or the Chief Executive Officer be unable to discharge the functions of the Principal Accountable Officer the person appointed to carry out the functions of Chief Executive Officer will discharge the relevant functions of the Principal Accountable Officer on an interim basis, who must be a Government of Jersey employee under the terms of the Employment of States of Jersey Employees (Jersey) Law 2005.

4. Publishing details of Accountable Officers

The Principal Accountable Officer is required to make publicly available a full list of Accountable Officers with details of their area(s) of responsibility. A full list of Accountable Officers, including those appointed by the Principal Accountable Officer, is included in Supporting documents.

5. Functions of the Principal Accountable Officer

The Principal Accountable Officer is both answerable to the States of Jersey and accountable to the Council of Ministers for the following overarching functions:

  • ensuring the propriety and regularity of the finances of States Bodies (other than the Non Ministerial Bodies), specified organisations and States Funds
  • ensuring that the resources of States Bodies (other than the Non Ministerial Bodies), specified organisations and States Funds are used economically, efficiently and effectively
  • ensuring that Accountable Officers carry out the functions allocated to and expected of them
  • carrying out the functions of an Accountable Officer where an appointee is unable to meet their obligations
  • obtaining written authority from the Chief Minister, Minister or Council of Ministers before taking an action which is considered to be inconsistent with the proper performance of the functions of the Principal Accountable Officer.

The Public Finances Law provides for the appointment of Accountable Officers for specified organisations. Arrangements for Accountable Officers within existing enactments are maintained, such as the States of Jersey Police Force Law 2012 which determines that the Chief Officer of the States of Jersey Police must be the Accountable Officer for the Force.

6. Governance Statement

At the end of each financial year, the Principal Accountable Officer must sign off the States of Jersey's overall Governance Statement, which shall be an amalgam of responses received from Accountable Officers. When completing this, the Principal Accountable Officer should take note of the Governance Statements signed by the individual Accountable Officers. The format and content of the Governance Statement will be prescribed by the Minister for Treasury and Resources.

7. Financial appraisal

The Principal Accountable Officer must ensure that all matters which have financial implications and which require consideration by the Council of Ministers are financially appraised by the Treasurer or their representative. The Principal Accountable Officer should ensure that any recommendations and comments are forwarded to the Council of Ministers. The Principal Accountable Officer must also ensure that systems exist to ensure that all proposals put forward by the Council of Ministers and in the name of individual Ministers for consideration by the States Assembly are supported with accurate and relevant financial appraisal.

8. Documenting procedures

The Principal Accountable Officer must ensure that there are well documented procedures in place to ensure that the performance of Accountable Officers appointed by the Principal Accountable Officer, in carrying out their functions is monitored, reviewed and assessed.

9. Delegation

When considering delegation, the Principal Accountable Officer must ensure clear lines of control as well as accountability and reporting arrangements. Arrangements for delegation should promote good financial management and governance and should be supported by the necessary staff with an appropriate balance of skills and experiences.

10. Infringements

If the Principal Accountable Officer is directed by the Council of Ministers and or Minister to follow a course of action which involves a transaction which is considered to infringe the requirements of propriety or regularity; or their wider responsibility to ensure economy, efficiency and effectiveness, the Principal Accountable Officer should set out in writing the reason for the objection and their duty to notify the Comptroller and Auditor General. If a decision is made to go ahead with the course of action the Principal Accountable Officer must request a written instruction to this effect with a copy sent to the Comptroller and Auditor General and States Treasurer. If the course of action is followed, the Public Accounts Committee should be expected to recognise that the Principal Accountable Officer bears no personal responsibility for the action. The acid test is whether the Principal Accountable Officer could justify the proposed activity if asked to defend it.

11. Provision of details

When requested, the Principal Accountable Officer is responsible for timely provision of adequate and accurate financial information and evidence to the Council of Ministers, Minister for Treasury and Resources, Treasurer, Public Accounts Committee, Comptroller and Auditor General and Scrutiny Panels in the appropriate format and to the relevant timescales. The Principal Accountable Officer must be ready to respond to all questions or queries and obtain relevant support in terms of evidence from other appropriate staff. The Principal Accountable Officer should ensure provision of details of any errors or omissions to Public Accounts Committee and or Scrutiny Panels is done as soon as is reasonably practical.

12. Accountable Officer vacancy in a States Body

In instances where the Principal Accountable Officer has not appointed an Accountable Officer for any States Body (other than for Non Ministerial Bodies) or a Specified Organisation, the Principal Accountable Officer will be deemed to be the Accountable Officer for that area.

13. Staff awareness

The Principal Accountable Officer has the responsibility of ensuring that all staff are aware that they are responsible for public money and that high standards are expected of them.

14. Risk Management

The Principal Accountable Officer must ensure that an appropriate approach to risk management is followed throughout the Government of Jersey and various departments respectively and that systems are in place to identify and manage these risks. The Principal Accountable Officer should take into account the Government of Jersey’s Risk Management Strategy and Guidelines.

Accountable Officers in Government Departments

Introduction and background

This section provides guidance for Accountable Officers with responsibility for any of the following:

  • States Bodies as defined in the Public Finances Law (normally a department)
  • any Fund established or continued under the Public Finances Law,
  • Government of Jersey income
  • money derived from taxation and duties
  • assets forming part of trust assets.

The role of Accountable Officer is established under the Public Finances Law.

The Chief Executive Officer of the Council of Ministers is the Principal Accountable Officer, and as such is answerable to the States Assembly and accountable to the Council of Ministers for the exercise of the responsibilities of the office, which include the appointment of Accountable Officers and determining their functions. Accountable Officers are answerable to the Public Accounts Committee for their area of responsibility. A full list of Accountable Officers and their areas of responsibility is included in Supporting documents.

Whilst Accountable Officers are not responsible for making policy decisions (this responsibility lies with the either the Council of Ministers, individual Ministers or the States Assembly), they are accountable for the implementation of policy with due regard for the need for efficient and effective outcomes of States priorities.

In addition to the guidelines set out in this section, Accountable Officers should refer to all other sections of this Manual, as well as other formal Policies which are relevant and have been brought to their attention by the Principal Accountable Officer or Treasurer of the States or of which they should be reasonably expected to be aware, and also to the States of Jersey Code of Practice issued by The States Employment Board.

The Principal Accountable Officer and Accountable Officers of Non Ministerial States Bodies and Specified Organisations are covered in different sections of this section.

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • there is a gap in responsibility and accountability for all of the States or Government of Jersey’s direct and indirectly funded expenditure and income
  • Accountable Officers are not fully aware of their legal responsibilities and accountabilities
  • an Accountable Officer is unaware of the proper course of action to take if they are directed by the Council of Ministers, Minister or the Principal Accountable Officer to take action which they feel conflicts with their responsibilities and accountabilities

Principles

1. Accountability lies far beyond what is included in the Law. Accountable Officers are personally responsible for managing their area of responsibility efficiently and effectively, and for reporting to the States Assembly accurately and transparently. Initiatives and activities should be assessed “through the Accountable Officer lens” to assess whether they meet the four essential standards of:

  • propriety
  • regularity
  • value for money
  • feasibility

and should be able to describe how they contribute to strategic outcomes and departmental objectives over time and how they will measure progress made and or service performance in alignment with the Jersey Standard for Performance Management and Business Planning.

2. The functions of an Accountable Officer may be delegated to another person(s), however, personal accountability for that function remains with the Accountable Officer. All delegations must be documented and recorded appropriately.

3. Accountable Officers must ensure that there are procedures in place to ensure proper control and assurance frameworks exist throughout the States Body. Internal and external audit findings assess and test internal controls and performance, and these audit findings should be used in conjunction with other measures to continually improve internal controls and performance.

4. In addition, Accountable Officers should apply the overarching test of: “Could this course of action be satisfactorily defended in public?” The Nolan Principles are of particular importance to the proper performance of the role.

5. Accountable Officers should work together for the common good of the Government of Jersey.

Requirements

1. Duties of Accountable Officers

Accountable Officers must be aware of their roles and responsibilities as set out in their appointment letters. In addition, they must always ensure that the standard of financial management is in compliance with the provisions of the Public Finances Law, the Public Finances Manual and any additional policies. Where a deviation from policy may be required, the decision and rationale should be documented and appropriate approval obtained through the use of the exemption and breach processes where necessary (Exemption and Breaches should be recorded in the on-line system).

2. Appointment of Accountable Officers

When appointing an Accountable Officer, the Principal Accountable Officer in the letter of appointment must specify any functions expected of individual officers. As such, these Accountable Officers are responsible to the Principal Accountable Officer. All Accountable Officer appointments must be in writing and are effective from the date which the appointed person receives a copy of the notice of appointment. Copies of appointment letters must be sent to the Comptroller and Auditor General, the Treasurer and any Minister with responsibility for the area. An Accountable Officer must be a States’ employee or in the case of a specified organisation, an employee of the organisation.

3. Delegation

When considering delegation, Accountable Officers must ensure clear lines of control as well as accountability and reporting arrangements. Arrangements for delegation should promote good financial management and governance and should be supported by the necessary staff with an appropriate balance of skills and experience. Any Delegated Officer must be a Government of Jersey employee under the terms of the Employment of States of Jersey Employees (Jersey) Law.

4. Objections

If Accountable Officers are directed by the Council of Ministers, their Minister or Principal Accountable Officer to follow a course of action which involves a transaction which is considered to infringe the requirements of propriety or regularity, or their wider responsibility to ensure economy, efficiency and effectiveness, Accountable Officers should:

  • set out in writing to the person issuing the direction the reason for the objection
  • notify the Principal Accountable Officer and the Comptroller and Auditor General

If a decision is made to go ahead with the course of action, the Accountable Officers must request a written instruction to this effect with a copy sent to the Comptroller and Auditor General. If the course of action is followed, the Public Accounts Committee should be expected to recognise that the Accountable Officers bear no personal responsibility for the action. The acid test is whether the Accountable Officer could justify the proposed activity if asked to defend it.​

It is not possible to instruct an Accountable Officer to act in a way which is unlawful, including exceeding an approved head of expenditure without a lawful basis. Any such instruction is not required to be actioned, and no disciplinary action should follow against an Accountable Officer who declined to act in accordance with the instruction. The Accountable Officer must advise the person making the instruction, by letter, of their intention not to follow it. Such a letter must be copied to the Comptroller and Auditor General.

5. Reporting and response to queries

When requested, the Accountable Officer is responsible for timely provision of adequate and accurate financial information and evidence to the Council of Ministers, Minister for Treasury and Resources, Principal Accountable Officer, Treasurer, Public Accounts Committee, Comptroller and Auditor General and Scrutiny Panels in the appropriate format and to the relevant timescales. Accountable Officers must be ready to respond to all questions or queries and obtain relevant support in terms of evidence from other appropriate staff. Accountable Officers should ensure provision of details of any errors or omissions to Public Accounts Committee or Scrutiny Panels is done as soon as reasonably practical.

6. Staff awareness

Accountable Officers have the responsibility of ensuring that all staff are aware that they are responsible for public money and that high standards are expected of them.

7. Stewardship

Accountable Officers are responsible for effective stewardship of assets they control and safeguard and must ensure that they are effectively checked and discrepancies investigated and reported on.

8. Risk management

Accountable Officers must ensure that an appropriate approach to risk management is followed throughout the States Body and that systems are in place to identify and manage these risks. Specifically, Accountable Officers should take into account the Government of Jersey’s Risk Management Strategy and Guidelines.

9. Prudence

Accountable Officers must promote prudence and the economic, efficient and effective use of all resources at all times, and in particular by ensuring:

  • the prevention and detection of fraud, error and wasteful practices as well as correcting them as appropriate
  • the establishment and maintenance of sound systems of internal control that support the achievement of the set policies, aims and priorities. The systems of internal control are designed to respond to and manage the whole range of risks that an organisation faces
  • that financial systems and procedures promote the efficient and economical conduct of business
  • that funds allocated to Arm’s Length Organisations (which do not include the Specified Organisations defined in the Law or any area which is classed as a States body in its own right) are used for the purposes intended and there must be a clear understanding of the respective responsibilities of the Accountable Officer and the relevant accountable official of the Arm’s Length Organisations, as well as maintaining and effectively monitoring compliance with the funding agreement or Memorandum of Understanding in place.

10. Other duties of Accountable Officers

Accountable Officers must ensure that:

  • all items of expenditure and receipts are dealt with in accordance with the relevant legislation and any other States Assembly approvals authorising them and any applicable delegated authority
  • expenditure is a proper and acceptable charge on public funds and that all items of expenditure and receipts are dealt with in accordance with the States Assembly’s intentions for the public funds for which they are responsible
  • adequate systems and checks exist to ensure that all income, as far as is practical, is collected and promptly banked into the appropriate States bank account(s); and expenditure is paid in a timely and accurate basis and in line with relevant approvals
  • proper financial procedures are followed and that accounting records are maintained in a form suited to the requirements of management; and capable of being provided in a format required for the published annual financial statement
  • authorised spending limits are not exceeded. If it appears as though this might happen due to a formal letter of instruction from the Principal Accountable Officer or Minister the Accountable Officer must notify the Minister for Treasury and Resources and Treasurer (or the Chief Minister if the letter of instruction is from the Minister for Treasury and Resources)

11. Policy development

Accountable Officers must ensure that when policies are being developed that affect their area(s) of responsibility that all relevant financial considerations, including those relating to propriety, regularity and value for money are taken into account and where appropriate brought to the attention of the Public Accounts Committee and relevant Minister(s) and or Council of Ministers.

12. Governance Statement

At each financial year end, an Accountable Officer must sign the relevant annual accounts and the Governance Statement for their area(s) of responsibility. In signing these documents, the Accountable Officer is acknowledging the basis on which they believe their responsibilities have been properly discharged:

  • the Governance Statement must record and confirm that the necessary controls have been instituted and that, where weaknesses are acknowledged to exist, the necessary improvements in control have been arranged
  • signing the Accounts effectively means that the Accountable Officer accepts personal accountability for the information contained in the accounts as well as the nature of all transactions and agrees that they are in the format prescribed by the States Treasurer

Accountable Officers must forward completed Governance Statements to the Principal Accountable Officer and Accounts to the States Treasurer. Full details of an Accountable Officer’s remuneration will be published as part of the annual Financial Statement.

Where there is a change of Accountable Officer during a year the outgoing officer should prepare an interim Governance Statement or handover letter that the incoming incumbent can place reliance on when preparing their own statement. If this is not possible the incoming Accountable Officer should seek assurances from relevant senior departmental managers for the period in question.

13. Responsibility for Funds

In instances where an Accountable Officer has responsibility for a States Fund, Trust Fund, or Government of Jersey income, they should ensure that the relevant legislation and States Assembly approvals are followed as well as those general responsibilities listed in this section.

14. Multiple duties

An Accountable Officer must, where appropriate, combine the duties of an Accountable Officer for their department or area of responsibility with their duty to serve and support the Minister to which they are responsible.

15. Financial management

An Accountable Officer must ensure that there is a standard of financial management in their area of responsibility which meets or exceeds the requirements of the Government of Jersey Financial Reporting Manual and the Public Finances Manual.

16. Availability

An Accountable Officer should ensure that they are generally available for consultation but in periods of absence i.e. annual leave they must ensure that there is another senior officer who can on act on their behalf. This should be documented in the departmental Scheme of Delegation. In exceptional circumstances, and where an Accountable Officer will be incapacitated for a period of four weeks or more, the Principal Accountable Officer must be notified.

17. Discrepancies

Accountable Officers should routinely scrutinise and identify any discrepancies on any significant policy proposals or plans to start or vary Major Projects and assess whether they measure up to the requirements of relevant legislation, Government of Jersey Policies and any other agreed standards. The Accountable Officer should draw any such problems to the attention of the responsible Minister to see whether they can be resolved.

18. Conflict of interest

Where an Accountable Officer identifies an actual or potential conflict of interest, such conflicts should be mitigated through steps such as declaration or register, requesting for a temporary substitute and resignation, depending on the type of conflict identified.

Accountable Officers in Specified Organisations

Introduction and background

This section applies to Specified Organisations – which are those organisations where the Principal Accountable Officer has appointed an Accountable Officer under the terms of the Public Finances Law.

The Chief Executive Officer of the Council of Ministers is the Principal Accountable Officer and as such is responsible for the appointment of an Accountable Officer in a Specified Organisation and for determining their functions. This is to ensure that there is accountability for the best use of public resources even when service delivery is conducted at arm’s length to the Government of Jersey’s administration.

The Principal Accountable Officer may appoint an Accountable Officer in the following Specified Organisations (as listed in Schedule 2 of the Public Finances Law):

  • Andium Homes Limited and its subsidiary companies (if any)
  • Jersey Post International Limited and its subsidiary companies (if any)
  • JT Group Limited and its subsidiary companies (if any)
  • Jersey Overseas Aid Commission
  • Ports of Jersey Limited
  • States of Jersey Development Company Limited and its subsidiary companies (if any)

This list may be added to by the Minister for Treasury and Resources through the issuance of an Order.

The Accountable Officer for a Specified Organisation must be a paid employee of that Organisation.

In addition to the guidelines set out in this section, Accountable Officers should have regard to all other sections where relevance is identified, as well as other formal policies which are relevant and have been brought to their attention by the Principal Accountable Officer or Treasurer of the States or of which they should be reasonably expected to be aware. However, the bodies will have their own such policies and codes.

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • there is a gap in responsibility and accountability for all of the Specified Organisations direct and indirectly funded expenditure and income
  • Accountable Officers are not fully aware of their legal responsibilities and accountabilities
  • an Accountable Officer is unaware of the proper course of action to take if they are directed by the Council of Ministers and or Government of Jersey, Minister, Chair, Board Member of the Specified Organisation and or Principal Accountable Officer to take action which they feel conflicts with their responsibilities and accountabilities
  • the Specified Organisation undertakes a course of action that is outside the risk appetite of the States or Government of Jersey leading to reputational damage for the Specified Arm’s Length Organisation and the States or Government of Jersey
  • the Specified Organisation competes unfairly with Private Sector organisations in the market
  • the requirements of the States or Government of Jersey cause the Accountable Officer of the Specified Organisation to act in a manner contrary to the laws under which the Specified Organisation is established

Principles

1. Accountability lies far beyond what is included in the Law. Accountable Officers in Specified Organisations are personally responsible for managing their area of responsibility efficiently and effectively, and for reporting to the States Assembly accurately and transparently in accordance with their Memorandum of Understanding and Articles of Association. Initiatives and activities should be assessed “through the Accountable Officer lens” to assess whether they meet the four essential standards of:

  • propriety
  • regularity
  • value for money
  • feasibility

2. The function of Accountable Officers may be delegated to another person(s), however, personal accountability for that function cannot be delegated. All delegations must be documented and recorded appropriately.

3. Accountable Officers in Specified Organisations must ensure compliance with the Memorandum of Understanding and any other associated documents signed with the relevant Minister.

4. Accountable Officers must demonstrate the same oversight over subsidiaries and or branches, as the establishment of subsidiaries and or branches must not be seen as a means of avoiding direct public oversight.

5. In addition, Accountable Officers should apply the overarching test of: “Could this course of action be satisfactorily defended in public?” The Nolan Principles (see the Glossary) are of particular importance to the proper performance of the role.

6. Accountable Officers should work together for the common good of the Government of Jersey and Specified Organisations. Accountable Officers for Specified Organisations should maintain a balance between their responsibilities to the Government of Jersey and to the Specified Organisation. Where there is an actual or perceived conflict of obligations, those under the Companies (Jersey) Law 1991 will take precedence.

Requirements

1. Role of the Accountable Officer

Accountable Officers of Specified Organisations must be aware of their roles and responsibilities established under their letters of appointment.

2. Appointment of Accountable Officers

When appointing an Accountable Officer, the Principal Accountable Officer in the letter of appointment must specify any specific functions expected of individual officers. As such, these Accountable Officers are responsible to the Principal Accountable Officer, to the extent permitted by the laws under which the Specified Organisation is established. All Accountable Officer appointments must be in writing and are effective from the date on which the appointed person receives a copy of the notice of appointment. Copies of appointment letters must be sent to the Comptroller and Auditor General, the States Treasurer and any Minister with responsibility for the area.

3. Position of Accountable Officers

An Accountable Officer must be an employee of the Specified Organisation. In normal instances, the Accountable Officer will be the most senior full time official of the Organisation, however, the Principal Accountable Officer has the discretion to appoint another officer subject to relevant approvals.

4. Information

An Accountable Officer must ensure that all managers and staff have the relevant information, training and access to information to carry out their responsibilities. Managers must have a clear view of their priorities and it must be possible to assess their performance against these.

5. Multiple roles

It will be incumbent on the person appointed as Accountable Officer to combine the functions of that role with their functions and duties of the Specified Organisation through which they derive their authority, including those under other legislation such as the Companies (Jersey) Law 1991. If responsibilities conflict then the Companies Law requirements take priority.

6. Propriety and Regularity

An Accountable Officer will be expected to ensure that the Specified Organisation achieves high standards of propriety and regularity and that the Specified Organisation is given appropriate advice on these matters so as to ensure that resources are used economically, efficiently and effectively.

7. Financial support

In those instances where a Specified Organisation receives direct financial support from the Government of Jersey to carry out a specific task or function the Accountable Officer must ensure that the financial support is used for the purposes specified.

8. Oversight

The Memorandum of Understanding between a Specified Organisation and its Minister should provide for the Minister (and relevant Government officers) to exercise oversight of the Arm’s Length Organisation’s strategy, performance and significant transactions e.g. through monthly or quarterly reporting and exception reporting.

9. Delegation

When considering delegation, Accountable Officers must ensure clear lines of control as well as accountability and reporting arrangements. Arrangements for delegation should promote good financial management and governance and should be supported by the necessary staff with an appropriate balance of skills and experiences.

10. Objections

If Accountable Officers are directed by the Board of the Specified Organisation to follow a course of action which involves a transaction which is considered to infringe the requirements of propriety or regularity; or their wider responsibility to ensure economy, efficiency and effectiveness, the Accountable Officer should set out in writing to the Board the reason for the objection and then notify the Minister as shareholder so that the Minister is able to determine if they wish to intervene in such a situation. A copy of the letter must be sent to the Comptroller and Auditor General. The Principal Accountable Officer must then consider the appropriate action to take, having consulted the Minister for Treasury and Resources (as shareholder representative) and having taken into account any legislative requirements.

11. Reporting to Public Accounts Committee and Comptroller and Auditor General

When requested, the Accountable Officer is responsible for timely provision of adequate and accurate financial information and evidence to the Public Accounts Committee and Comptroller and Auditor General in the appropriate format and to the relevant timescales. Accountable Officers must be ready to respond to all questions or queries and obtain relevant support in terms of evidence from other appropriate staff. Accountable Officers should ensure provision of details of any errors or omissions to Public Accounts Committee is done as soon as reasonably practical. Under the Comptroller and Auditor General (Jersey) Law 2014, the Comptroller and Auditor General may report on any matter relating to:

  • general corporate governance arrangements
  • the effectiveness of internal controls and the internal auditing of those controls
  • whether resources are used economically, efficiently, and effectively
  • actions needed to bring about improvement where necessary

12. Expected standards

Accountable Officers have the responsibility of ensuring that all staff are aware that they are responsible for public money and that high standards are expected of them.

13. Stewardship

Accountable Officers are responsible for effective stewardship of assets they control and safeguard and must ensure that they are effectively checked and discrepancies investigated and reported on.

14. Risk management

Accountable Officers must ensure that an appropriate approach to risk management is followed throughout the Specified Organisation and that systems are in place to identify and manage these risks.

15. Prudence

Accountable Officers must promote prudence and the economic, efficient and effective use of all resources at all times, and in particular by ensuring:

  • the prevention and detection of fraud, error and wasteful practices as well as correcting them as appropriate
  • the establishment and maintenance of sound systems of internal control that support the achievement of the set policies, aims and priorities. The systems of internal control are designed to respond to and manage the whole range of risks that an organisation faces
  • that financial systems and procedures promote the efficient and economical conduct of business

16. Financial management

An Accountable Officer must ensure that there is a proper standard of financial management in their Specified Organisation.

17. Availability for consultation

An Accountable Officer should ensure that they are generally available for consultation but in periods of absence i.e. annual leave they must ensure that there is another senior officer who can on act on their behalf. In exceptional circumstances, and where an Accountable Officer will be incapacitated for a period of four weeks or more, the Principal Accountable Officer must be notified.

18. Conflict of interest

Where an Accountable Officer identifies an actual or potential conflict of interest, such conflicts should be mitigated through steps such as declaration or register, requesting for a temporary substitute and resignation, depending on the type of conflict identified.

19. Consultation on appointment

Prior to appointing an Accountable Officer in a Specified Organisation the Principal Accountable Officer must consult with the body concerned on the contents of the appointment letter.

Accountable Officers in Non Ministerial States Bodies

Introduction and background

This section applies to Accountable Officers with responsibility for the following Non Ministerial States Bodies defined in Schedule 1 to the Public Finances Law:

  • Bailiff’s Chambers
  • Office of the Lieutenant Governor
  • Office of the Comptroller and Auditor General
  • States Greffe
  • Viscount’s Department
  • Judicial Greffe
  • Law Officers’ Department
  • Official Analyst
  • Jersey Probation Service

The role of Accountable Officer is established under the Public Finances Law

For the Bodies covered by this section, their Chief Officer is usually their Accountable Officer, although the Minister for Treasury and Resources can, in exceptional circumstances, appoint a person other than its Chief Officer or appoint an additional Accountable Officer, for example the Bailiff and Attorney General cannot report to someone within the States administration, whether Minister or civil servant. A full list of Accountable Officers and their areas of responsibility is published in Supporting documents.

In addition to the guidelines set out in this section, Accountable Officers should refer to all other sections, as well as other formal Policies which are relevant and have been brought to their attention by the Principal Accountable Officer or Treasurer of the States or of which they should be reasonably expected to be aware, and also to the States of Jersey Code of Practice issued The States Employment Board.

In addition to the common risks identified in the Background and Introduction section of the Public Finances Manual a number of significant risks relating to this section include:

  • the independence and effectiveness of the Non Ministerial States Bodies is compromised
  • there is a gap in responsibility and accountability for all of the States or Government of Jersey’s direct and indirectly funded expenditure and income
  • Accountable Officers are not fully aware of their legal responsibilities and accountabilities

Principles

1. Accountability lies far beyond what is included in the Law. The Accountable Officers are personally responsible for managing their area of responsibility efficiently and effectively, and for reporting to the States Assembly accurately and transparently. Initiatives and activities should be assessed through the “Accountable Officer lens” to assess whether they meet the four essential standards of:

  • proprietary
  • regularity
  • value for money
  • feasibility

2. This should be able to describe how they contribute to strategic outcomes and departmental objectives over time and how they will measure progress made and or service performance in alignment with the Jersey Standard for Performance Management and Business Planning.

3. The functions of an Accountable Officer may be delegated to another person(s), however, personal accountability for those functions cannot be delegated. All delegations must be documented and recorded appropriately.

4. Accountable Officers must ensure that there are procedures in place to ensure proper control and assurance frameworks exist throughout the Government of Jersey. Internal and external audit findings assess and test internal controls and performance. These audit findings should be used in conjunction with other measures to continually improve internal controls and performance.

5. In addition, Accountable Officers should apply the overarching test of: “Could this course of action be satisfactorily defended in public?” The Nolan Principles (see the Glossary) are of particular importance to the proper performance of the role.

6. Accountable Officers should work together for the common good of the Government of Jersey. 

Requirements

1. Role of Accountable Officers

Accountable Officers must be aware of their roles and responsibilities set out in their letters of appointment. In addition, they must always ensure that the standard of financial management is in compliance with the provisions of the Law and the Public Finances Manual. Where a deviation from policy may be required, the decision and rationale should be documented.

2. Appointment of Accountable Officers

In exceptional circumstances an Accountable Officer who is not the Chief Officer may be appointed in writing by the Minister for Treasury and Resources. An appointment is effective once the written notice of the appointment is received, a copy of which must be forwarded to the Comptroller and Auditor General and the States Treasurer. A copy should be sent to the Principal Accountable Officer for information purposes.

3. Position of Accountable Officers

The Accountable Officer must be an officer of the Non Ministerial States Body.

4. Delegation

When considering delegation, Accountable Officers must ensure clear lines of control as well as accountability and reporting arrangements. Arrangements for delegation should promote good financial management and governance and should be supported by the necessary staff with an appropriate balance of skills and experiences. Delegations must be recorded in the departmental Scheme of Delegation.

5. Provision of information

When requested, the Accountable Officer is responsible for timely provision of adequate and accurate financial information and evidence to the Public Accounts Committee, Comptroller and Auditor General and Scrutiny Panels in the appropriate format and to the relevant timescales. Accountable Officers must be ready to respond to all questions or queries and obtain relevant support in terms of evidence from other appropriate staff. Accountable Officers should ensure provision of details of any errors or omissions to Public Accounts Committee or Scrutiny Panels is done as soon as reasonably practical.

6. Staff awareness

Accountable Officers have the responsibility of ensuring that all staff are aware that they are responsible for public money and that high standards are expected of them.

7. Stewardship

Accountable Officers are responsible for effective stewardship of assets they control and safeguard and must ensure that they are effectively checked and discrepancies investigated and reported on.

8. Risk management

Accountable Officers must ensure that an appropriate approach to risk management is followed throughout the relevant Non Ministerial States Bodies, and that systems are in place to identify and manage these risks.

9. Prudence

Accountable Officers must promote prudence and the economic, efficient and effective use of all resources at all times, and in particular by ensuring:

  • the prevention and detection of fraud, error and wasteful practices as well as correcting them as appropriate
  • the establishment and maintenance of sound systems of internal control that support the achievement of the set policies, aims and priorities. The systems of internal control are designed to respond to and manage the whole range of risks that the Non Ministerial States Bodies face
  • that financial systems and procedures promote the efficient and economical conduct of business
  • that funds allocated to Non Ministerial States Bodies are used for the purposes intended and there must be a clear understanding of the respective responsibilities of the Accountable Officer

10. Further duties of Accountable Officers

Accountable Officers must ensure that:

  • all items of expenditure and receipts are dealt with in accordance with the relevant legislation and any other approvals of the States, Minister for Treasury and Resources or Treasurer of the States authorising them and any applicable delegated authority
  • expenditure is a proper and acceptable charge on public funds and that all items of expenditure and receipts are dealt with in accordance with the States of Jersey’s intentions for the public funds for which they are responsible
  • adequate systems and checks exist to ensure that all income, as far as is practical, is collected and promptly banked into the appropriate States’ bank account(s); and expenditure is paid in a timely and accurate basis and in line with relevant approvals
  • proper financial procedures are followed and that accounting records are maintained in a form suited to the requirements of management; and capable of being provided in a format required for the published annual financial statement
  • authorised spending limits are not exceeded.

11. Annual accounts

At each financial year end an Accountable Officer must sign the relevant annual accounts and the Governance Statement for their area(s) of responsibility. In signing these documents the Accountable Officer is acknowledging the basis on which they believe their responsibilities have been properly discharged;

  • the Governance Statement must record and confirm that the necessary controls have been instituted and that, where weaknesses are acknowledged to exist, the necessary improvements in control have been arranged; and
  • signing the Accounts effectively means that the Accountable Officer accepts personal accountability for the information contained in the accounts as well as the nature of all transactions and agrees that they are in the format prescribed by the States Treasurer

Accountable Officers must forward completed Governance Statements and Accounts to the States Treasurer. As part of the annual financial statement full details of an Accountable Officer’s remuneration will be published.

12. Multiple duties

An Accountable Officer must, where appropriate, combine the duties of an Accountable Officer with their duty to serve and support the Non Ministerial States Bodies they are responsible to.

13. Financial management

An Accountable Officer must ensure that there is a standard of financial management in their area of responsibility which meets or exceeds the requirements of the States of Jersey Financial Reporting Manual and Public Finances Manual.

14. Notifying the States Treasurer

The States Treasurer must be notified of all notifications or letters of instruction issued by or to an Accountable Officer. These include notifications made by Accountable Officers where they have been asked to follow an inappropriate course of action, or letters of instruction received in such cases.

15. Availability for consultation

An Accountable Officer should ensure that they are generally available for consultation but in periods of absence i.e. annual leave they must ensure that there is another senior officer who can on act on their behalf. In exceptional circumstances, and where an Accountable Officer will be incapacitated for a period of four weeks or more, the Minister for Treasury and Resources must be notified.

16. Discrepancies

Accountable Officers should routinely scrutinise and identify any discrepancies on any significant policy proposals or plans to start or vary major projects and assess whether they measure up to the requirements of relevant legislation, States of Jersey Policies and any other agreed standards.

17. Conflict of interest

Where an Accountable Officer identifies an actual or potential conflict of interest, such conflicts should be mitigated through steps such as declaration or register, requesting for a temporary substitute and resignation, depending on the type of conflict identified.

18. Objections

If Accountable Officers are directed by any person in a position of authority to follow a course of action which involves a transaction which is considered to infringe the requirements of propriety or regularity; or their wider responsibility to ensure economy, efficiency and effectiveness, Accountable Officers should set out in writing to the person issuing the direction the reason for the objection, and notify the Principal Accountable Officer and the Comptroller and Auditor General. If a decision is made to go ahead with the course of action the Accountable Officers must request a written instruction to this effect with a copy sent to the Comptroller and Auditor Officer. If the course of action is followed, the Public Accounts Committee should be expected to recognise that the Accountable Officers bear no personal responsibility for the action. The acid test is whether the Accountable Officer could justify the proposed activity if asked to defend it.

Heads of Finance Business Partnering

Introduction and background

This section sets out requirements relating to Heads of Finance Business Partnering and the role they play in working with Accountable Officers to meet statutory public finance obligations.

It is expected that all States Bodies have a professionally accountancy qualified Senior Finance Business Partner, reporting to the States Treasurer. This officer may or may not be part of the States Body’s (normally department’s) operational structure, but should be a part of that department’s governance structure i.e. be involved with major decisions of a financial nature. It is good practice for Arm’s Length Organisations to have similar arrangements in place. Some Arm’s Length Organisations may not be of the requisite size to support a full time Finance Director and, therefore, alternative but pragmatic arrangements may need to be put in to force.

Users of this section should refer to other sections of the Public Finances Manual, as well as to all Policies that are relevant, and also to the States of Jersey Code of Practice issued by The States Employment Board.

Principles

1. Heads of Finance Business Partnering should:

  • possess the relevant professional accountancy qualifications and necessary experience required for the role
  • have direct access to the partner department’s Chief Officer or most senior officer
  • be a part of the partner department’s governance arrangements. This could mean being a member of the senior leadership team

2. Heads of Finance Business Partnering should have a clear understanding and be up to date on a department’s financial performance and position.

3. Supporting the Accountable Officer, Heads of Finance Business Partnering should ensure that there is sufficient expertise and effective systems to discharge this responsibility and ensure that those responsible for the Department’s activities are able to account for their financial performance.

4. In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • Heads of Finance Business Partnering are unaware of the impact of the role they play in working with Accountable Officers to meet public financial management obligations
  • financial mismanagement or fraud due to a lack of sufficient oversight of the wider finance team
  • Heads of Finance Business Partnering without sufficient experience and qualifications are employed and as such, reporting, budgeting and forecasting information provided is unreliable and inaccurate

Requirements

The role of Head of Finance Business Partnering involves the following:

1. Governance

  • being part of the financial leadership arrangement, both within the department and to its Arm’s Length Organisations when relevant, at both a strategic and operational level
  • ensuring sound and appropriate financial governance and risk management, to include ensuring that the Chief Officer (or equivalent) has prepared a Scheme of Delegation
  • leading, motivating and developing finance staff reporting to them, establishing their full commercial contribution to the business
  • planning and delivering the financial framework against the defined strategic and operational criteria
  • challenging and supporting decision makers, especially on propriety, regularity, value for money and feasibility, by ensuring that policy and operational proposals with a significant financial implication are signed off by the finance function

2. Internal controls

  • coordinating the planning and budgeting processes, including contributions to the Government Plan
  • applying discipline in financial management, including, where necessary, managing banking, debt and cash flow, with appropriate segregation of duties
  • preparation of timely, accurate and meaningful management information
  • ensuring that delegated financial authorities are respected
  • leading or promoting change programmes both within the department and its Arm’s Length Organisations

3. Reporting and scrutiny

  • overseeing the preparation of annual accounts and input data for annual financial statements
  • liaison with the auditors (internal, external, Comptroller and Auditor General), Public Accounts Committee and the relevant oversight committees as required
  • reporting accurate and meaningful financial information about the department’s performance to Treasury and Exchequer and the general public as required

4. Internal financial discipline

The Head of Finance Business Partnering must maintain strong and effective policies to control and manage use of resources in the department’s activities. This includes improving the financial literacy of budget holders in the department through various methods including training etc. Similarly, he or she should ensure that a similar culture is promoted in the department’s Arm’s Length Organisations when relevant.

Consulting Treasury and Exchequer

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides guidance on how draft reports, propositions and proposed legislation should be discussed with Treasury and Exchequer where there are obvious or potential financial implications, either for expenditure or raising revenue whether that is a one off event or an annual position. This process will aid in ensuring States Members have access to a greater level of detail with which to consider and debate a proposition.

Users of this section should refer to other sections of the Public Finances Manual or supporting documents that are relevant. Specifically, these include:

  • Accountable Officers
  • expenditure

Principles

1. Treasury and Exchequer should be consulted as early as possible in any financial proposal process.

2. Consultation with Treasury should not be interpreted as amounting to approval. There are situations where explicit approval is required, e.g. from the States; in other cases, the focus of the consultation might be on obtaining information required or establishing the accuracy of available information to construct a robust proposition or proposal.

3. In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • proposals are based on inaccurate or partial information
  • debates take place without all the relevant facts and figures, resulting in waste of the States’ valuable time
  • legislation is passed without sufficient consideration of:
    • the time, income and expenditure requirements
    • the secondary impact on other States policies or services provided

Requirements

1. Consulting Treasury and Exchequer

Before any proposal for policy or legislation with financial implication is submitted for approval (for example to Executive Leadership Team, Council of Ministers, States Assembly), States Bodies must ensure that they consult Treasury and Exchequer at the earliest stage possible.

2. Explicit approval

The following are examples of matters which require explicit approval by Treasury and Exchequer:

  • expenditure proposals affecting the Government of Jersey’s approved expenditure totals
  • contingent liabilities, including powers to issue indemnities or to provide guarantees
  • increases in fees and charges above 2.5%, including any new charges
  • additional public service staffing above approved limits
  • pay and conditions (e.g. superannuation and early severance terms which may be subject to other legislation) of civil servants
  • pay and conditions of board members of statutory organisations
  • creation of new (or substantial alteration to existing) statutory bodies and related financial arrangements

Governance Statements

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and provides advice and guidance on “governance statements” at both States of Jersey and States Body (department) levels.

The overall purpose of the governance statement is to provide the reader with 

  • a clear understanding of the States of Jersey’s internal control structure
  • information on how resources are managed whilst identifying potential risks and the actions being taken or required to mitigate these

Those organisations that are included in the States of Jersey’s group boundary for accounting purposes, which are not a States Body, should ensure that they have appropriate assurance frameworks in place consistent with this Section.

States of Jersey’s Governance Statement

An overarching governance statement is published as part of the Accountability Report within the States of Jersey’s Annual Report and Accounts. 

The States of Jersey’s governance statement covers all States Bodies (the non-Ministerial Departments, and the States of Jersey Police, are not accountable to the Principal Accountable Officer but information, as appropriate, on their governance arrangements is reflected in this governance statement).

The governance statement covers the accounting period (1st January to 31st December), and also any significant issue which arises after the year end and before the date of signature of the Annual Report and Accounts.

The Minister for Treasury and Resources is responsible for determining the content and format of the governance statement and follows good practice set by other jurisdictions in specifying that the following details are included as a minimum:

  • the governance framework and operation of the Government and States of Jersey including information about the Ministerial/Committee structure and the coverage of their work
  • an assessment of corporate governance with reference to compliance with generally accepted best practice principles and relevant guidance, and explanations where a different approach has been adopted
  • an assessment of the States of Jersey’s risk management arrangements and risk profile, including, subject to a public interest test, details of significant risk-related matters arising during the period
  • any significant control or governance issues that have arisen during the year and how these have been managed or mitigated, together with an update on action taken regarding similar issues reported in the previous year

Reporting of any personal or confidential matters is done in suitably careful terms.

The governance statement is reviewed by the Chief Internal Auditor who provides a check in order to verify it is consistent with the findings of internal audit and other review work as reported in the Chief Internal Auditor’s Annual Opinion.

Departmental Governance Statements

Each States Body (including non-Ministerial States Bodies and the States of Jersey Police) is required to complete an annual departmental governance statement (where a department has more than one Accountable Officer each is required to complete a governance statement for their area of responsibility).

Departmental governance statements are not proactively published but the information they contain is used to support the production of the States of Jersey’s governance statement.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, this includes:

  • Principal Accountable Officer
  • Accountable Officers in Government departments
  • Accountable Officers in Specified Bodies
  • Accountable Officers in non-Ministerial States Bodies
  • Annual financial statement
  • Risk Management
  • Internal audit
  • Supporting documents: Jersey Financial Reporting Manual

Departments are advised not to include any specific information in their governance statements that would not be disclosable under Freedom of Information legislation.

In addition to the common risks identified in the background and introduction section of the Manual a number of significant risks relating to this section include: 

  • reports produced by different States Bodies and those organisations which fall within States of Jersey’s group boundary are inconsistent due to a lack of commonality
  • the manner and format of how matters are reported in governance statements is not transparent, nor easily understood, by stakeholders

Principles

1. Reporting should be clear, concise and consistent throughout the Government and States of Jersey including within the Annual Report and Accounts.

2. Governance statements should be drafted in such a way to be easily understandable to readers, for example abbreviations and jargon should not be used.

3. The preparation of a governance statement should be an on-going process informed by: 

  • the opinion of internal (and external) audit on the quality of the systems of governance, management and risk control
  • assurances from senior staff
  • feedback from the delegation chains within a department about its business, its use of resources, its responses to risks, and the extent to which in-year budgets and other targets have been met

Requirements

1. Recording and reporting

Accountable Officers must ensure that relevant staff are aware of the requirements set in the Jersey Financial Reporting Manual for governance reporting purposes and that these requirements are complied with. The latest version of this document is available in the Supporting documents section of this Manual.

2. Completion of Departmental Governance Statements

Accountable Officers must ensure that departmental governance statements give assurances about performance and an insight into their department’s risk profile including responses to identified and emerging risks (whether these relate to business objectives, regularity, propriety, or value for money reasons) and how risks have been dealt with.  

3. Notification to Principal Accountable Officer and Treasurer of the States

An Accountable Officer must notify the Principal Accountable Officer and Treasurer of the States (or the Treasurer of the States in the case of a non-Ministerial Department, or the States of Jersey Police) of any significant issue that arises after the relevant year end date and before the date on which the Annual Report and Accounts are signed.  

4. Departmental governance statements: Consideration of matters to report on

When compiling their department’s governance statement, an Accountable Officer must take a view on the extent to which an item is significant enough to the department or States to justify recording.

Relevant evidence must be retained with focus given to those areas where improvement is necessary.  Further advice on this issue can be gained from Treasury and Exchequer’s Head of Group Reporting.

5. Departmental governance statements: Completion of questionnaire

Accountable Officers must ensure that their departmental governance statement is completed in full and with due diligence. A Governance questionnaire is available in Supporting documents to assist with this, but it must be stressed that the areas covered by the questionnaire are not exhaustive and an Accountable Officer must use their own knowledge and review of the control and risk processes when preparing departmental governance statements. The statement appears at the bottom of the questionnaire.

Questionnaires must be reviewed by the relevant Head of Finance Business Partnering who must satisfy themselves that the information provided is consistent with their knowledge of the area concerned.

Questionnaires must be completed and returned by the dates specified by officers from Treasury and Exchequer. Typically, these are:

  • end of September: first draft and refresh of standing data
  • mid-January: final return for year just ended

6. Departmental governance statements: Assurance

Departmental governance statements must be signed and dated by an Accountable Officer after gaining sufficient assurance on matters relating to the internal control systems within or affecting their department. The relevant departmental Head of Finance Business Partnering has a pivotal role to play in providing guidance and advice on this.

7. Appointment of new Accountable Officer

In any instance where there is an appointment of a new Accountable Officer the incoming Accountable Officer must ensure that either:

  • the outgoing Accountable Officer has prepared an (interim) governance statement or handover letter on which they are able to place reliance on when preparing their own governance statement
  • they seek suitable written assurances from relevant senior departmental managers for the period in question

8. External Bodies 

Accountable Officers with responsibility for external bodies must take account of any internal control issues that are likely to merit inclusion in a departmental governance statement.

Any additional issues relating to an external body or significant matters arising between the governance statement being finalised and the signing of the States of Jersey’s Annual Report and Accounts, must be reported as and when they come to light. The Accountable Officer must decide, in consultation, as appropriate, with the relevant Head of Finance Business Partnering and the Chief Internal Auditor, what form of assurance is appropriate for these external bodies.

9. Role of Principal Accountable Officer and Treasurer of the States

When completing the States of Jersey’s governance statement, the Principal Accountable Officer and Treasurer of the States (the Treasurer of the States for the non-Ministerial Departments or States of Jersey Police) must take note of the governance statements signed by individual Accountable Officers.

In compiling the States of Jersey’s governance statement, the Principal Accountable Officer and Treasurer of the States must consider the following points to determine if a matter is significant to warrant recording:

  • might the issue prejudice achievement of the Government Plan or other priorities?
  • could the issue undermine the integrity or reputation of the Government or States of Jersey?
  • what view does the Risk and Audit Committee take on the issue?
  • what advice or opinions have internal audit, the Comptroller and Auditor General or external audit given?
  • might the issue make it harder to resist fraud or other misuse of resources?
  • does the issue put a significant programme or project at risk?
  • could the issue divert resources from another significant aspect of the business?
  • could the issue have a material impact on the accounts?
  • might financial stability, security or data integrity be put at risk?

10. Signing of States of Jersey governance statement 

The Principal Accountable Officer and Treasurer of the States must sign and date the States of Jersey's overall governance statement. 

11. Retention of documents

All governance statements are subject to review by internal and external auditors as part of their audit work. Copies of the certificates and completed checklists must be retained locally within a department for inspection.

12. Change of Accountable Officer, Principal Accountable Officer or Treasurer 

If there is change of Accountable Officer, Principal Accountable Officer or Treasurer responsibility during a year, the outgoing officer must sign a statement confirming that there have been no material changes in governance arrangements since the last statement was signed, or draw attention to any material changes. Where this requirement cannot be practically met, an alternative senior officer in the department or project can give such assurance.

Office of the Comptroller and Auditor General

Introduction and background

This section applies to the Office of the Comptroller and Auditor General, which is designated as a Non-Ministerial States Body in the Public Finances (Jersey) Law 2019 (the Law).

Funding for the Office of the Comptroller and Auditor General is provided by the States Assembly through approval of the Government Plan and the Office has its own Head of Expenditure.

The role of the Comptroller and Auditor General (C&AG) is created under the Comptroller and Auditor General (Jersey) Law 2014. Under this Law the Comptroller and Auditor General is required to provide the States with independent assurance that the public finances of Jersey are being regulated, controlled and supervised in accordance with the Public Finances (Jersey) Law 2019. This responsibility relates to the accounts of the States of Jersey and certain other States’ entities and wider aspects of the use of public funds. The Comptroller and Auditor General has a duty to consider and report on:

  • general corporate governance arrangements
  • economy, efficiency and effectiveness in the way resources are used
  • the effectiveness of internal controls

This responsibility extends to the States and to States Bodies. The Comptroller and Auditor General has a duty to ensure that the States accounts are audited and appoints external auditors to carry out this responsibility. The Comptroller and Auditor General liaises with, and attends meetings with, both the Public Accounts Committee and the States Risk and Audit Committee.

The Comptroller and Auditor General discharges their functions through the Jersey Audit Office.

The Office of the Comptroller and Auditor General recognises the importance of the control and governance arrangements in the Public Finances Manual, but due to the unique nature of its work has developed policies and procedures of its own which may differ from those in the Public Finances Manual.

The following statutory requirements highlight the unique nature of the Office of the Comptroller and Auditor General and provide the rationale for treating this area differently from other States expenditure:

  • the independence of the Comptroller and Auditor General in discharge of functions (Article 17(1) of the Comptroller and Auditor General (Jersey) Law 2014) 
  • the requirement for the States to provide sufficient resources to the Comptroller and Auditor General (Article 9(1) of the Comptroller and Auditor General (Jersey) Law 2014) 
  • exemption from Internal Audit coverage (Article 9(2) of the Comptroller and Auditor General (Jersey) Law 2014) 
  • duty to prepare own accounts subject to audit by an auditor appointed by the Chairman of the Public Accounts Committee (Article 19 of the Comptroller and Auditor General (Jersey) Law 2014)
  • establishment of a Board of Governors (Article 2 Comptroller and Auditor General (Board of Governance) (Jersey) Order 2015)
  • review and commentary on estimates (Article 5(4) and (5)(5) Comptroller and Auditor General (Board of Governance) (Jersey) Order 2015)
  • submission of amounts for inclusion in the Government Plan by Chairman of the Public Accounts Committee (Article (10) (1) Public Finances (Jersey) Law 2019)

The Requirements section lays out where the Comptroller and Auditor General complies with and differs from the arrangements set out elsewhere in the Public Finances Manual.

Principles

  1. The Comptroller and Auditor General should be committed to their Office demonstrating the highest standards of governance and financial management, and ensuring the independence of the Office, including from the States of Jersey.

  2. The Office of the Comptroller and Auditor General should comply with international auditing standards and with the Lima Declaration on the independence of Supreme Audit Institutions published by the International Organisation of Supreme Audit Institutions (INTOSAI). This provides that ‘Supreme Audit Institutions shall be entitled to use the funds allotted to them under a separate budget heading as they see fit’.

  3. The Comptroller and Auditor General should ensure that they are not directed on how any function of the Office of the Comptroller and Auditor General is to be carried out. This includes processes and procedures laid down by Ministers or States employees. However, the Comptroller and Auditor General is legally obligated to liaise with the Public Accounts Committee when carrying out their functions, and to attend all meetings of the Public Accounts Committee.

  4. The Office of the Comptroller and Auditor General should receive sufficient resources to fulfil its obligations, and the estimates put forward by the Chairman of the Public Accounts Committee must, in compliance with the Public Finances (Jersey) Law 2019, be included unaltered in the Government Plan lodged by the Council of Ministers.

  5. Any amounts remaining unspent at the end of a financial year for the head of expenditure of the Office of the Comptroller and Auditor General should be transferred into the General Reserve. The Chairman of the Public Accounts Committee can request that amount be transferred back from the General Reserve to the head of expenditure of the Office of the Comptroller and Auditor General in the following financial year.

Requirements

  1. Accountable Officer
    Under the terms of the Public Finances (Jersey) Law 2019 the Comptroller and Auditor General is the Accountable Officer for the funds allocated to the Office of the Comptroller and Auditor General. Although the Comptroller and Auditor General is responsible for the propriety and regularity of funds allocated and that these funds are used efficiently, effectively and economically they are accountable directly to the States and not to the Public Accounts Committee.

  2. Oversight of the Office of the Comptroller and Auditor General
    Although the internal controls and systems of the Office of the Comptroller and Auditor General are not subject to internal audit review by the chief internal auditor the Office is subject to strong governance review by a Board set up for this purpose under the Comptroller and Auditor General (Jersey) Law 2014. The Board scrutinises the use of the resources by, and the governance arrangements of, the Comptroller and Auditor General; and reports, to the Chief Minister and the Chairman of the Public Accounts Committee, any concerns it may have. The Board is also responsible for reviewing the audited accounts of the Comptroller and Auditor General and may prepare an assurance report upon the annual expenses of the Comptroller and Auditor General.

    Further oversight of the Office of the Comptroller and Auditor General’s work is achieved through the legal requirement that the post holder has to prepare and publish (keeping it up to date) a report : “Code of Audit Practice” : setting out how they propose to discharge their functions under the Comptroller and Auditor General (Jersey) Law 2014. A full copy of which can be found on the Jersey Audit Office website.

  3. Compliance in full with Public Finances Manual Jersey
    The Office of the Comptroller and Auditor General will comply in full with the following sections of the Public Finances Manual when circumstances require:
    • Heads of Finance Business Partnering 
    • Assets
    • Leases
    • Foreign currency 
    • Reserve head of expenditure
    • Fraud
    • Expenditure to meet an Emergency
    • Covid-19 expenditure approved in a Government Plan

  4. Majority Compliance with Public Finances Manual
    The Office of the Comptroller and Auditor General complies with the following sections of the Public Finances Manual with certain stated exceptions:

  5. Cash

    The Office of the Comptroller and Auditor General has no income sources but may retain a cash float and would, if appropriate, comply with the relevant requirements of this Section except that the Scheme of Delegation (in requirement 1) will only be submitted to the Treasurer of the States for information purposes and not for approval. 

    Banking

    The Office of the Comptroller and Auditor General has no bank account but should this change they would need to comply with the relevant requirements of this Section except that there would be no justification provided as to why any new account demonstrated value to the States or Government of Jersey (requirement 1) and as with the Section on Cash the Scheme of Delegation (in requirement 3) would be submitted to the Treasurer of the States for information purposes only.

    Expenditure and procurement

    Whilst the Comptroller and Auditor General is not bound by the expenditure provisions of the Public Finances Manual, the Comptroller and Auditor General uses States of Jersey expenditure systems and complies with the relevant expenditure controls where appropriate. The Comptroller and Auditor General has established additional expenditure procedures and controls relevant to their office. In accordance with the Comptroller and Auditor General (Board of Governance) (Jersey) Order 2015, the Board of Governance for the Comptroller and Auditor General reviews whether they have used the resources provided to them under Article 9 of the 2014 Law properly, efficiently and effectively.

    Changes to Heads of Expenditure

    Full compliance apart from the second paragraph of requirement 6 under and overspends of revenue budgets. Any underspend at the end of the financial year should be transferred to the General Reserve and subject to a request from the Chairman of the Public Accounts Committee be available for allocation to the Office of the Comptroller and Auditor General for the following financial year subject to approval by the Minister for Treasury and Resources. The Office of the Comptroller and Auditor General will notify the Treasurer of the States if it becomes apparent that there is likely to be an overspend in the Office's budget and relevant processes to secure additional funding as set in the Public Finances Manual will be followed.

    Special payments

    Full compliance except that the Office of the Comptroller and Auditor General will notify the Treasury and Exchequer on payments which may fall into this category but the Office will not consult (as required in requirement 1) with Treasury and Exchequer on how to progress such a payment.

    Annual financial statements

    Separate Accounts must be prepared and audited for the Office of the Comptroller and Auditor General and these will be presented to the States Assembly. Information will be provided in the required format for inclusion in the States of Jersey’s annual financial statement except with requirement 2 of Semi-Annual Updates. Financial reports will be provided but will not focus on “progress against objectives”.

    Government Plan and budgeting

    There will be compliance with this Section but there will be no consultation with peers on matters including Strategic priorities. Expenditure proposals will be submitted by the Chairman of the Public Accounts Committee so that the Office of the Comptroller and Auditor General’s proposals are included as submitted in a Government Plan (and therefore not in line with requirement 1).

    Losses and write offs

    Full compliance except with requirement 2 of Consultation. The Treasury and Exchequer will be notified of any losses or write-offs but will not be consulted on how to deal with these.

    Internal Recharges

    There will be compliance with this section but where it is necessary to increase an internal charge there will be no consultation with the Treasurer of the States (as required by requirement 3).

  6. Acknowledgement and exemption from compliance with the Public Finances Manual
    The Comptroller and Auditor General acknowledges the contents of the following sections of the Manual and that they provide details on the governance structures within the States of Jersey but they do not apply to the Office of the Comptroller and Auditor General. Should the current situation change the Treasurer of the States must be contacted:

    • Principal Accountable Officer
    • Accountable Officers
    • Accountable Officers in Specified Organisations
    • Accountable Officers in Non-Ministerial States Bodies
    • Consulting Treasury and Exchequer
    • Arm’s Length Organisations
    • Major Projects
    • Grants and sponsorships
    • Fiscal Policy Panel
    • Funds
    • Financing
    • Lending
    • Investments
    • Projects
    • Trading Operations
    • Jersey Overseas Aid
    • Fees and charges
    • Internal Audit
    • Third Party assets
    • Acceptance of gifts and hospitality

Role of the Minister for Treasury and Resources

Introduction and background

This section sets out the role of the Minister for Treasury and Resources (the Minister) under the terms of the Public Finances (Jersey) Law 2019 (the Law) and it is important that all Accountable Officers and users of the Manual are aware of the functions and responsibilities of the Minister.

The statutory functions of the Minister for Treasury and Resources are set in Article 30 of the Law and require that the Minister must ensure that the public finances (including assets) of Jersey are regulated, controlled and supervised in line with the requirements of the Law, and that the requirements set in the Law are complied with.

In order to assist in meeting the above function the Law requires that the Minister issues, and presents to the States’ Public Accounts Committee, and makes publicly available a Public Finances Manual including any update(s).  The purpose of the Public Finances Manual is to provide direction and information on the proper administration of the Law.  

The Law also defines more specific functions that the Minister must perform. These include presenting written statements, and any amendment, to the States Assembly on:

  • Reserve funding – and the procedures which must be followed before money held in a “Reserve” head of expenditure may be spent.  This statement must include details of the expected purposes or subjects on which money held in Reserves can be spent.
  • Obtaining financing (borrowing) – setting the policy of the Council of Ministers on obtaining financing, including reference to the types and amounts of any financing that might be included in a Government Plan.  This must include details of the process through which any risks related to any financing proposals in a Government Plan would be assessed.
  • Investment strategy – having consulted with a person suitably qualified to provide investment advice the Minister must present to the States his/her strategy in respect of the investment of any money held by the States.

Once the States Assembly has approved the Government Plan, and specifically the heads of expenditure and any financing and transfers between States Funds for the following financial year, the Minister is responsible for ensuring that overall States’ spend is regulated, controlled and supervised.  The Law gives the Minister the power to approve transfers of funding from the Reserve head(s) of expenditure, as well as to approve transfers between heads of expenditure (subject to prior presentation to the States Assembly for a four week period with no objection to the transfer in that period).   

The Minister also has specific powers which enable him/her to withdraw up to £100 million from the Consolidated Fund if a state of emergency has been declared under the Emergency Powers and Planning (Jersey) Law 1990; or the Minister is satisfied that there exists an immediate threat to the health or safety of any of the inhabitants of Jersey, to the stability of the economy in Jersey or to the environment. The Minister must present a notice to the States of any such withdrawal as soon as is practicable after it occurs. 

The Minister has a statutory role as States shareholder for the States Owned Entities and is responsible for delivering value for money for the public and the wider public advantage from an investment holding viewpoint.  The Minister is not responsible for the wider strategic direction and policy setting in the markets and areas in which these entities operate. This responsibility rests with whichever Minister has political responsibility for those areas.

The Minister is able to delegate responsibility for certain functions to one or more Assistant Ministers and to the Treasurer of the States and other senior officers within Treasury and Exchequer to deliver the Minister’s decisions and to support the Minister in making policy decisions and handling public funds. The Code of Conduct and Practice for Ministers and Assistant Ministers (R.116/2018) requires Ministers to heed the advice of their Accountable Officer(s) (the States Treasurer is Accountable Officer for Treasury and Exchequer) about the proper conduct of public business.

The Minister is responsible for the legislation which covers the collection of taxes, and duties (with the Minister for Home Affairs).  Taxes and duties may only be imposed via legislation taken forward by the Minister for Treasury and Resources and approved by the States Assembly (the procedural side of the implication of this legislation is set in the Public Finances (Jersey) Law 2019 and the more detailed aspects of taxation and duties are covered in the Income Tax (Jersey) Law 1961 and the Customs and Excise (Jersey) Law 1999).

The Minister for Treasury and Resources also has other statutory obligations in other States legislation.

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks addressed by this section include:

  • the Minister is not fully aware of the legal responsibilities and accountabilities required of them under the Public Finances (Jersey) Law 2019 and other legislation
  • the wider requirements of financial stewardship are not taken in accounts when States policy and priorities are discussed and agreed.

Principles

  1. The Minister should be a key member of the Council of Ministers.
  2. The Minister should be actively involved in, and be able to bring influence to bear on all strategic decisions which have financial implications whenever and wherever they are taken by the Council of Ministers.  The States Employment Board section of this Manual requires that the Minister must be consulted before any proposals are put to the States Employment Board which would result, or would be likely to result, in the amounts allocated, and approved, in a Government Plan to be exceeded.

Requirements 

  1. Roles and responsibilities of the Minister for Treasury and Resources
    The Treasurer of the States must ensure that the Minister is aware of their role and responsibilities established under the Public Finances (Jersey) Law 2019 and other legislation.

  2. Annual Accounts and Governance Statements
    In recognition of the importance of financial reporting and governance at the end of each financial year, the Minister for Treasury and Resources must sign the States of Jersey’s annual financial report and accounts.

  3. Delegation
    The Treasurer must ensure that all delegations made by the Minister for Treasury and Resources are documented and reported appropriately.

Role of the Treasurer of the States

Introduction and background

This section applies to the role of Treasurer of the States but it is important that all Accountable Officers and users of the Manual are aware of the role and responsibilities of the role as established under the Public Finances (Jersey) Law 2019 (the Law) and the postholder’s wider responsibilities.

The statutory role of the Treasurer of the States (Treasurer) is established in Article 32 of the Law.

The Treasurer’s role is two-fold, the postholder: 

  • is the Chief Officer of the Treasury and Exchequer department (and appointed as Accountable Officer for the Department by the Principal Accountable Officer); and 
  • has overall responsibility to the Minister for Treasury and Resources for:
    • supervising the administration of the Law;
    • the stewardship and administration of the public finances of the States of Jersey; and
    • establishing a system of internal auditing in support of that stewardship and administration and advising the Comptroller and Auditor General, as well as the Principal Accountable Officer, where appropriate, of the results of internal audits carried out.

Importantly the Treasurer of the States cannot be directed as to how they carry out the functions related to their statutory responsibilities.  The Treasurer of the States can report directly to the States Assembly on any matter where they are satisfied that an individual (including the Principal Accountable Officer) has dealt with any money of the States not in line with relevant legislation, any States agreement or within the terms of the Public Finances Manual.   The Treasurer of the States must give notice to the Comptroller and Auditor General that they  intend to provide such a report to the States Assembly.  The Treasurer of the States may also provide a written report to the Council of Ministers on the actions of any individual where they are  concerned that the individual’s actions have been detrimental to the administration of public finances.

The Treasurer of the States provides financial guidance and advice to the Minister for Treasury and Resources and also, when requested to the Council of Ministers, enabling them to discharge their responsibilities in relation to the States of Jersey’s financial viability and sustainability.  The independent nature of the Treasurer of the States’ position enables them, if requested, to provide financial advice and guidance to other States Members.   The Treasurer of the States is not responsible for making policy (this responsibility lies with the States of Jersey, Council of Ministers and Ministers) but is accountable for the implementation of policy with due regard for the need to achieve value for money, good governance and stewardship whilst also considering the short/medium and longer- term financial stability of the Island’s finances.

The Treasurer of the States is responsible for promoting short-/medium- and long-term financial strategy and for implementing financial management policies to underpin the financial stability of the States of Jersey.  The Treasurer of the States also has a responsibility for ensuring that there is an accounting and financial system which provides information to enable States spending to be monitored and controlled.

The Treasurer of the States has a statutory responsibility to ensure that any money of the States is invested in line with the Minister for Treasury and Resources’ published investment strategy. 

The Treasurer of the States, as an Accountable Officer, is answerable to the Public Accounts Committee for the performance of his Accountable Officer functions.

The Treasurer of the States should be a professionally qualified Accountant (through examination) with one of the internationally recognised accountancy bodies and be suitably experienced to hold the role.  The Treasurer of the States is appointed by the Minister for Treasury and Resources, who must have consulted with the Chief Minister and sought the views of the Jersey Appointments Commission before recommending any appointment.  Before confirming an appointment to the role of Treasurer of the States the Minister must give the States at least 2 weeks’ notice of their intention to make the appointment.

The appointment of a person as Treasurer of the States can only be revoked by the States Assembly via a proposition from the Minister for Treasury and Resources in defined circumstances.   The Treasurer of the States has a right to respond to any allegations, made against them.

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks addressed by this section include:

  • the Treasurer of the States is not fully aware of their legal responsibilities and accountabilities
  • the Treasurer of the States is unaware of the proper course of action to take if they are directed by the Council of Ministers, Chief Minister, Minister for Treasury and Resources or Principal Accountable Officer to take action which they feel conflicts with their responsibilities and accountabilities

This section of the Manual is not intended to be exhaustive and nor is it intended to negate or undermine the personal responsibility of the Treasurer of the States to ensure that they  comply  with all professional standards and legislative requirements. It is intended to codify the key responsibilities of the Treasurer of the States within the States and Government of Jersey and assist them  in carrying out that role.

Principles

1. Stewardship lies far beyond what is included in the Law. The Treasurer of the States should lead on the promotion and delivery of corporate governance, risk management, stewardship and financial planning and reporting so that public money is safeguarded at all times and is used for the purposes intended and meets the policy objectives set by the States Assembly.

2. The Treasurer of the States should comply with their professional governing body’s Code of Ethics. 

3. The Treasurer of the States is a key member of the Government’s leadership team involved in developing and implementing strategy and delivering and resourcing the States of Jersey’s strategic objectives sustainably and in the Island’s interest.  The Treasurer of the States should be actively involved in, and be able to bring influence to bear on, all material business decisions which have financial implications whenever and wherever they are taken. 

4. The Treasurer of the States is head of the finance function throughout the States and is responsible for leading and directing the finance function and for ensuring that it is resourced to be fit for purpose.

Requirements

1. Role of Treasurer of the States

The Treasurer of the States must be aware of their role and responsibilities established under the Public Finances (Jersey) Law 2019.  In addition, they must ensure that procedures are in place to ensure the standard and awareness of financial management and governance within the States of Jersey is in compliance with the provisions of the Law, any subordinate legislation and the Public Finances Manual.

2. Interim Treasurer appointments

If the Treasurer of the States resigns the Minister must, as soon as practicable, present a notice of the resignation to the States.  If the post of Treasurer of the States becomes vacant or the Treasurer of the States is unable to discharge their functions the Minister for Treasury and Resources may appoint a person to carry out their functions.

3. Annual Accounts and Governance Statements

In recognition of the importance of financial reporting and governance at the end of each financial year, the Treasurer of the States must sign the annual accounts (which must also be signed by the Minister for Treasury and Resources) including the States of Jersey's overall Governance Statement (this part must also be signed by the Principal Accountable Officer).

4. Head of Profession

The Treasurer of the States must ensure that his head of profession role is properly discharged in order to ensure compliance with regulatory and professional standards.

5. Delegation

When considering delegation, the Treasurer of the States must ensure clear lines of control as well as accountability and reporting arrangements. Arrangements for delegation should promote good financial management and governance and should be supported by the necessary staff with an appropriate balance of skills and experiences.

The performance of a function of the Treasurer of the States may be delegated to another person(s). However, personal accountability for that function cannot be delegated.  All delegations must be documented and recorded appropriately.

6. Infringements

If the Treasurer of the States, as chief officer and Accountable Officer of Treasury and Exchequer is directed by the Minister, or the Council of Ministers or the Principal Accountable Officer to follow a course of action which involves a transaction which is considered to infringe the requirements of propriety or regularity; or their wider responsibility to ensure economy, efficiency and effectiveness, the Treasurer of the States must set out in writing the reason for the objection and their duty to notify the Comptroller and Auditor General. If a decision is made to go ahead with the course of action the Treasurer of the States must request a written instruction to this effect with a copy sent to the Comptroller and Auditor General and Principal Accountable Officer. If the course of action is followed, the Public Accounts Committee should be expected to recognise that the Treasurer of the States bears no personal responsibility for the action. The acid test is whether the Treasurer of the States could justify the proposed activity if asked to defend it.

7. Resourcing

The Treasurer of the States must ensure that financial information is available for decision makers throughout the financial year.   The Treasurer of the States is responsible for supervising the administration of the Public Finances Law, ensuring the proper stewardship and administration of public finances and establishing a system of internal auditing. As part of this responsibility the Treasurer must bring to the attention of the Minister for Treasury and Resources if he or she considers that the finance function is not appropriately resourced to fulfil those functions and to ensure that clear, timely and accurate advice is provided to departments, the Government and States Members.

8. Staff awareness

The Treasurer of the States must take steps to ensure, as far as possible, that all staff are aware of their financial responsibilities and also the financial responsibilities expected of them within the Law and Public Finances Manual.

9. Internal Audit

The Treasurer of the States must ensure that they meet  their statutory responsibility to ensure the proper internal audit of the States and Government of Jersey’s finances and that a person is designated as Chief Internal Auditor.

In order to meet their  obligations to the Minister the Treasurer of the States must also ensure that the Comptroller and Auditor General and, if appropriate, the Principal Accountable Officer, receive the results of internal audits.

Conflicts of interest

Introduction and background

As highlighted in the section on Gifts and Hospitality the States of Jersey place great importance on the need to ensure that bribery and corruption has no part to play in the way that the Island is governed. The Corruption (Jersey) Law 2006 makes it a criminal offence for a public official to do or not do any act in relation to the official's position, office or employment, for the purpose of corruptly obtaining any advantage, whether for his or her own benefit or for the benefit of any other person. The States' Anti-Fraud and Corruption Policy and Strategy make clear that the States have a zero-tolerance approach to fraud and corruption in relation to their business.

To support the above Law and the Policy and Strategy, and to ensure that there are high levels of integrity and public trust in Jersey's public administration this section provides guidance and requirements on how States Bodies should manage conflicts of interest.

Where the States or Government of Jersey or a States Body appoint a layperson on a voluntary or paid basis to any Board or Panel, they should consider including appropriate references to this section of the Manual in the relevant terms of engagement. 

A conflict of interest exists where a States of Jersey employee or any employee of a non-Ministerial department is compromised when their personal or private interests conflict, or could be seen to conflict with or influence, their decisions or actions when carrying out their public duties. It means that the employee's independence, objectivity or impartiality could be called into question. 

For the avoidance of doubt, public duties are the official tasks that an employee performs in their role as a States of Jersey employee. A personal or private interest means anything that can influence an employee and includes an employee's own personal, family, professional or business interests or can include the personal, family, professional or business interests of individuals or groups with whom the employee is, or was recently, closely associated.

For the purposes of this section, States of Jersey employee means a States' employee as defined in Article 2 of the Employment of States of Jersey Employees (Jersey) Law 2005. The definition therefore excludes:

  • holders of offices listed in Schedule 1 of that Law
  • Crown appointments
  • Members of the States of Jersey Police Force
  • Officers of the Crown

These employees will be subject to other arrangements, outside of the Public Finances Manual, to manage conflicts. See 'Exceptions from the obligation to disclose by eform' at the end of this section.

A conflict of interest can be:

  • Actual, where a real conflict exists between an employee's public duties and private interests
  • Potential, where an employee has private interests that could conflict with their public duties. This refers to circumstances where there is a foreseeable possibility that a conflict may arise in future. Steps should be taken to mitigate that future risk
  • Perceived, the public or any third party could form the view that an employee's private interests could improperly influence their decisions or actions, now or in the future
  • Conflict of duty, arises when an employee is required to fulfil two or more roles that may actually, potentially or be perceived to be in conflict with each other

A conflict of interest must be either avoided wherever possible or alternately declared and managed appropriately. 

A poorly managed 'perceived' conflict of interest can be just as damaging to the States and Government of Jersey as a poorly managed 'actual' conflict of interest. A conflict of interest is not wrong in itself, but it should be properly identified and managed effectively and transparently.  When a conflict of interest has been ignored, or improperly acted on or has influenced actions or decision-making, the conduct (not the conflict itself) can be seen as misconduct, abuse of office or even corruption. 

Although in the main, a conflict of interest may be seen as a tendency toward favouritism it can equally apply where there is a prejudice resulting from friendship, animosity, or other personal involvement with another person or group. If personal values are likely to impact on the proper performance of an employee's public duty these can also lead to a conflict of interest. 

Users of this section should also refer to other sections of the Manual that are relevant. Specifically, this includes:

  • risk management
  • fraud
  • annual financial statement
  • governance statements
  • gifts and hospitality 

In addition to the common risks identified in the Background and Introduction section of this Manual a number of significant risks relating to this section include: 

  • the States or Government of Jersey's reputation may be compromised as a result of poor practice and weak governance arrangements
  • a conflict of interest occurs e.g. perceived as influencing a decision to award a contract, set policy or regulate a service
  • States of Jersey employees are not protected from unwarranted criticism from not following due process, best practice guidance or adherence to principles

More information on Conflicts of Interest is included in the Code of Practice: Standards in Public Service. Ministers and Assistant Ministers are bound by the Code of Conduct and Practice for Ministers and Assistant Ministers.

Some jobs, such as those involving the purchasing of goods or services from others, are particularly sensitive. Orders and contracts must be awarded on merit and no favouritism should be shown to businesses run by, for example, friends, partners or relatives. All such relationships must be reported, in writing, to the appropriate line manager. 

Principles

1. A conflict of interest should be avoided wherever possible, or alternately declared and managed appropriately to ensure that any potential risks are mitigated.

2. Accountable Officers should ensure that employees do not place themselves in any situation where an actual or a perceived conflict of interest can or may happen.  If such a situation arises, or may arise, an employee must notify their line manager as soon as the situation becomes apparent.  If the employee is the Principal Accountable Officer, an Accountable Officer or a Chief Officer in a Department (excluding Crown and other excluded officers), the Treasurer should be notified as soon as possible.

3. Where the States or Government of Jersey or a States Body appoint a layperson on a voluntary or paid basis to any Board or Panel, they should consider including appropriate references to this section of the Manual in the relevant terms of engagement.

4. To protect themselves against allegations of conflicts of interest, employees below Tier 3 who are responsible for negotiating or advising on contracts, or placing orders, should consider declaring actual or potential conflicts using the eform. This is a mandatory requirement for Tiers 1 to 3.

Requirements

1. Awareness

Accountable Officers must take steps to ensure, as far as possible, that employees (and especially those involved in decision-making or the selection and purchase of goods and services) are aware of the implications of being exposed to an actual, perceived or potential conflict of interest and of the disclosure requirements which must be followed. This will include ensuring that employees attend any mandatory anti-fraud and corruption training.

2. Disclosure

Save for exceptions detailed at the end of this section of the Manual, employees in the following categories must complete the 'Conflict of Interest' eform on at least an annual basis where there is an interest to be declared and at any time when a new conflict arises:

  • all members of the Executive Leadership Team
  • any other Tier 1, 2 and 3 employee or equivalent such as member of department's Senior Leadership Team (excluding non-States' employees, such as Crown Officers)
  • any member of the Commercial Services Directorate of Treasury and Exchequer

Members of staff below tier 3 who are responsible for negotiating or advising on contracts, or placing orders, should consider declaring actual or potential conflicts.

Where employees do not have access to a computer, they can ask another officer to complete the eform on their behalf. 

This requirement must be complied with by 31 December 2023, and at least annually thereafter. 

It is for each employee to decide whether they have a declarable conflict of interest. 

A declarable conflict of interest exists where a States of Jersey employee or any employee of a non-Ministerial department is compromised when their personal or private interests conflict, or could be seen by a reasonable person to have a reasonable possibility to conflict with or influence, their decisions or actions when carrying out their public duties. It means that the employee's independence, objectivity or impartiality could be called into question.

A conflict is unlikely to be declarable if the employee is not able to, as part of their employment, offer preferential treatment to the connected body. For example, if an employee in Department X owns shares in a company that does business with the States, but that company does business entirely with Department Y, then the employee is not in a position to exert any influence over how much is spent with the company. It would not be wrong to declare the interest, but it is not an interest that a reasonable person would think is reasonably possible to result in a conflict.

An interest need not be declared online where the conflict is incidental and removal of the individual from the situation of conflict is impractical, for example:

  • if the individual works for a school they do not need to declare simply because they know some pupils or parents. It would be impractical to remove the individual from the conflict
  • if the individual works as a receptionist at the hospital they do not need to declare simply because they know some of the service users. It would be impractical to remove the individual from the conflict

An interest need not be declared online where the conflict occurs frequently and removal of the individual from the situation of conflict is straightforward and part of business as usual, for example:

  • if the individual works in Revenue Jersey they do need to declare online if they know a taxpayer whose files they are reviewing. Although the conflict is not incidental they must declare, as usual, directly to their manager and ensure they are removed from the conflict
  • if the individual works processing claims for benefits they do need to declare online if they know a claimant whose files they are reviewing. Although the conflict is not incidental they must declare, as usual, directly to their manager and ensure they are removed from the conflict

Declaring an interest is not a sign of a weakness. It is a means for the States and the employee to protect themselves against allegations of improper conduct. 

For the avoidance of doubt, public duties are the official tasks that an employee performs in their role as a States of Jersey employee (employee of a non-Ministerial department). A personal or private interest means anything that can influence an employee and includes an employee's own personal, family, professional or business interests or can include the personal, family, professional or business interests of individuals or groups with whom the employee is, or was recently, closely associated. 

An employee who fails to disclose a conflict of interest that should have been declared could be subject to disciplinary action up to and including dismissal, depending on the severity of the conflict. If in any doubt whether or not an interest should be declared, employees are encouraged to contact any of the individuals listed in Requirement 6 of this section for advice. 

3. Immediate removal from conflict

Where there is clear potential for an officer to financially benefit an individual outside of the States or Government, and it its possible for another officer to deal with that individual, the officer must immediately inform their line manager of the conflict and ask that another officer deals with the affairs of the individual concerned. This applies, for example, to officers processing benefits claims and payments, and those dealing with tax matters. Provided that the officer is removed from the conflict a declaration via the eform is not required. 

4. Line Managers

Line managers of employees declaring actual and potential conflicts of interest must set out whether the conflict declared has been managed, and what measures have been put in place to mitigate the conflict. This is not necessary for an annual re-declaration of a conflict previously considered. 

Where the conflict declared involves the Principal Accountable Officer, or an Accountable Officer or Chief Officer, the line manager approval role must be undertaken by another Accountable Officer or Chief Officer.

5. Heads of Finance Business Partnering

All conflicts declared, together with the line manager response, must be certified by the relevant Head of Finance Business Partnering. 

6. Access to data

Data submitted via the eform will be available to the following individuals only.

As part of workflow for recording and managing conflicts:

  • all Heads of Finance Business Partnering
  • Line managers of employees completing an eform. Data must only be used by these individuals for the sole purpose of assessing whether measures need to be put in place to manage actual or potential conflicts of interest.

Access to all data:

  • Treasurer of the States
  • Group Director, Strategic Finance, Treasury and Exchequer
  • Head of Financial Governance, Treasury and Exchequer
  • Head of Internal Audit
  • All Accountable Officers or their named delegates (for their own areas of responsibility only)
  • All Heads of Finance Business Partnering (for their own areas of responsibility only)

7. Retention of data

Data must be retained in accordance with retention schedules. If an employee leaves the organisation or moves to a post where the declared conflict no longer applies, data will be retained as long as transactions for the period of the conflict can be audited. Data must be erased once retention periods have expired. The onus is on the employee making the declaration to advise if the conflict no longer applies. 

8. Management of conflicts by Accountable Officers

Accountable Officers must ensure that all actual, perceived or potential conflicts of interest are disclosed to an employee's supervisor or line manager for review. If, after review, it is determined that there is a conflict, the supervisor or line manager must remove the employee from the particular situation or ensure that compensating controls, for example, countersigning by another officer, are put in place to manage the actual or potential conflict. 

9. Conflicts of interest of Principal Accountable Officer, Accountable Officers or Chief Officers

If a conflict of interest relates to the Principal Accountable Officer, an Accountable Officer or Chief Officer, and that officer cannot be removed from the decision-making process then the officer concerned must ensure that any decision is countersigned by an Accountable Officer or Chief Officer of another department. This approach must also be taken where the Principal Accountable Officer, an Accountable Officer or Chief Officer has the ability to take decisions which benefit their own department, for example if the Treasurer of the States has the ability to allocate additional funding to Treasury and Exchequer. 

10. Reporting in Governance Statements

An Accountable Officer must ensure that any actual reported conflict of interest is recorded (anonymised as far as possible) in the Department's Governance Statement produced as part of the process for the preparation of the States' Annual Report and Accounts.

Exceptions from the obligation to disclose by eform

The Law Officers' Department maintains a separate Conflicts Policy regarding conflicts in criminal and civil matters for case management purposes and it is expected that any reports on these issues will be held by that Department. The Department is still required to comply with this policy for other conflicts.

Commercial Services within Treasury and Exchequer will retain their own records in relation to conflicts declared during individual procurement projects.

People and Corporate Services will retain their own records in relation to conflicts declared during individual recruitment processes.

Internal Audit within Treasury and Exchequer will retain their own records in relation to conflicts declared by that team and external providers performing Internal Audit work.

General arrangements for members of the Judiciary of Jersey, who are not by definition States' employees, are set out in the Code of conduct for members of the Judiciary of Jersey.

General arrangements for members of the States of Jersey Police Force, who are not, by definition States' employees, are set out in the States of Jersey Police – Code of Ethics.

The Regulation Directorate within Infrastructure and Environment will retain their own records in relation to conflicts declared in regulatory activities.

Health care professionals permitted to carry out private patient work as part of their contract are not required to make an entry on the register.

Assets

Assets

Introduction and background

This section of the Manual applies to all States Bodies (including States Funds and Trust Assets) as defined in the Public Finances (Jersey) Law, 2019 and relates to all non-financial assets, including donated assets, management of inventories and to the management and disposal of assets but excludes land and property assets which are covered under the Land and property assets section. This includes capitalised assets, such as those costing over £10,000, as well as any “equipment” assets, defined as “a physical asset that requires any periodic maintenance for regulatory, safety, insurance reasons or to ensure continued performance”, costing below £10,000 but where risks suggest control should be exercised.

This section also covers the management of stock. The Treasurer of the States will authorise specific departmental stock level limits.

Accountable Officers are personally accountable for the proper financial management of resources as defined in their letters of appointment.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • changes to head of expenditure
  • expenditure and procurement
  • major, strategic and other projects 

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include:

  • 'the whole life costs' are not defined as part of the design or acquisition of a new asset
  • following acquisition, information on an asset is incomplete or not in the correct format
  • an asset is not disposed of at fair market value and therefore does not achieve the best value for the States or Government of Jersey
  • the asset register is incomplete
  • the inventory or asset deteriorates or becomes obsolete
  • there is insufficient inventory causing shortages which have consequential impacts on services
  • an asset is incorrectly maintained, or allowed to fall to the 'lowest maintainable condition'
  • an asset no longer meets the States or Government’s needs
  • the disposal of an asset is not properly authorised 

Principles

1. Asset management should be undertaken in such a way to ensure that organisational and functional requirements are aligned and linked to the priorities set in the Government Plan.

2. Accountable Officers should work to optimise the performance and identify the lifetime costs of an asset at the outset, including those required for maintenance and operating the asset, whilst looking to mitigate the risks associated with those assets.

3. Accountable Officers should be focused on ensuring that assets are used to produce services that deliver value for money and meet the States and Government of Jersey’s priorities.

4. Assets should be safeguarded and maintained in terms of value, health and safety, insurance, other regulatory requirements and protected against theft or misuse. 

5. The need for assets should be reviewed on a continuous basis.

Requirements

1. Acquisition of assets

Accountable Officers must ensure there are appropriate systems in place to ensure that the design, build and commissioning or acquisition of an asset complies with the relevant regulatory requirements, including legislative, heritage, health and safety, and environmental obligations, including consideration of the asset’s carbon footprint. Check out the Expenditure and Procurement section of this Manual for requirements relating to purchases of technology, vehicle and property assets.

2. Asset Management Plan

Accountable Officers must complete and maintain an asset management plan which complies with the States of Jersey’s asset management framework, including the Asset Management Policy. Any plan must be based on analysis of the condition and performance of assets held and must use good quality and timely asset data.

3. Recording of assets

Accountable Officers must ensure that assets are appropriately recorded to ensure completeness with any losses, thefts and damages appropriately documented and in line with requirements set in the losses and write offs section of the manual.

4. Physical checks

Accountable Officers must ensure regular physical checks of assets and inventory, including checks on condition, are carried out, and that discrepancies between records and physical checks are reported and appropriate action is taken. Evidence must be retained that these checks have been carried out and discrepancies investigated. The frequency of checks must be related to the risk of theft. As a minimum this should be at least annually, but more frequent may be appropriate if stock items are portable, attractive and valuable, 

5. Disposal of surplus assets: other than land or property

Accountable Officers must document the reasons for disposal of other assets, including justification of why they are no longer needed. Accountable Officers must use reasonable means to achieve the best value proceeds for assets disposed of. This can include donation, where appropriate.

Officers who have deemed assets to be surplus must not purchase those assets, either directly or from a third party who initially buys the assets.

Particular care must be taken when disposing of medical equipment. Advice must be taken from relevant staff.

Wherever possible, surplus assets must be offered in part exchange against the cost of replacement assets.

When disposing of assets which are likely to be used by the initial or subsequent purchaser, the officer disposing of the asset must ensure appropriate waivers are obtained to prevent any potential future liability on the States or Government.​

Accountable Officers must seek appropriate professional advice when disposing of assets of significant value. As a guideline over £1,000 can be considered significant.​

6. Retention of proceeds of asset disposal

Where not already included in the approved budget of the States Body, and with the exception of land and property assets, Accountable Officers must seek approval from the Treasurer of the States for the retention and use of the proceeds of asset disposals where these exceed £5,000 above the carryiong value of the asset in Connect Finance.

Where an asset is held in a States Fund, or a trust asset is disposed of, the Accountable Officer must seek necessary approvals in line with the governance arrangements covering the Fund or ​​​trust asset.

7. Maintenance

Accountable Officers must keep and review a maintenance schedule in order to prioritise the appropriate maintenance of assets and inventory in a manner that protects or enhances their value to the States and Government of Jersey.

8. Use and insurance​

Accountable Officers must ensure that assets and inventory are only used for purposes that meet the priorities of the States of Jersey and ensure that such assets are adequately insured.

9. Transfer of assets: other than land and buildings

If assets, other than property or buildings, are transferred between States Bodies, Accountable Officers must ensure that they are transferred at market value except as otherwise agreed with Treasury and Exchequer. 

10. Reporting

Accountable Officers must provide inventory and maintenance reports as and when required in the form specified by Treasury and Exchequer.

11. Stock and inventory accounts

Accountable Officers must seek approval from the Treasurer of the States for new stock or inventory accounts or increases in levels of stocks over £50,000. Accountable Officers must notify Treasury and Exchequer of any new or increased stock levels of £50,000 or less.  Treasury and Exchequer must maintain a schedule of all departmental stock levels.​

Third party assets

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and to Accountable Officers and officers involved in administering and managing third party assets (referred to as Trust assets in the Public Finances (Jersey) Law 2019). These assets are defined as: 

  • property in a legacy or bequest in favour of the States
  • property held in trust for the States
  • property held by the States or a States Body on behalf of a person. Property may include land, buildings, funds in a bank account of any currency (or coins and notes, again in any currency) or valuables (which may include cheques, jewellery, watches, credit/debit cards, phones and other IT devices) held for an indefinite period of time
  • unclaimed property that is due to or belongs to a person other than the States and that has been deposited with the States

These third party assets do not form part of the overall States of Jersey income and expenditure and any money received should not be paid into the Consolidated Fund.  Other examples of third party assets include cash/property or other assets left in a will or in trust to the States or to a specific States Body; patient’s private cash held by Health and Community Services whilst that person is receiving health care; voluntary funds such as Parent Teacher Association (PTA) funds held by Schools; and minor gifts and donations made in appreciation for services provided by employees in the course of their duties.  

Within the Children, Young People, Education and Skills Department there are a number of PTAs, made up of lay people, which hold and administer funds for the benefit of a school and its pupils and it is recommended that these groups are made aware of the provisions of this Section and any specific procedures set by the Department which they should follow. 

This section of the Manual does not apply to any type of money held by the Viscount as an independent office-holder with statutory and court ordered functions.

The section applies to third party assets on loan to the States or Government.

In view of the diverse nature of third party assets administered across States’ departments it is not practical to provide specific requirements on all of these in this Section of the Manual and, therefore, the requirements section should be supplemented with States Body specific procedures where appropriate.  

Users of the Public Finances Manual should refer to other sections that are relevant. These include: 

  • Accountable Officers
  • changes to heads of expenditure
  • cash
  • banking 
  • foreign currency
  • fraud  
  • income
  • assets
  • investments

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include:  

  • third party assets no longer serve the purpose for which they were intended and assets are tied up and cannot be used for suitable alternate purposes
  • third party assets are incorrectly recorded and lost
  • assets are mismanaged and underutilised and do not provide the benefits intended by the beneficiary 
  • the States of Jersey may be held liable for the loss of third party assets
  • third party assets are misappropriated and used for unintended purposes
  • assets left to the States or to a States Body becomes a drain on the public purse

Principles 

1. There should be clear and documented frameworks in place which are tailored for the holding of departmental specific third party assets including property, money and other valuables which protect them from theft, misuse and misappropriation. These frameworks should include hierarchical controls and segregation of duties and, where appropriate, procedures to ensure that third party assets are used for the purposes intended.

2. The same level of financial control and governance should be applied to the control of third party assets as is applied to States expenditure and income funded under an approved Government Plan.  Third party assets are subject to review by either the Treasury and Exchequer’s Internal Audit section or by the Comptroller and Auditor General.

3. The need for third party assets should be periodically reviewed to ensure that they are being held for the purpose intended and that they meet a need of the States or of a particular States Body.

4. Accountable officers should be aware of all trust, bequest and other funds that could be applied to their areas of responsibility and take steps to apply them, subject to the decision making framework for each fund.

5. There is a presumption that expenditure from third party assets (such as gift funds or school funds) follows the requirements of this Manual. Accountable Officers should document, with reasons, any departures from this presumption. 

Requirements

1. Accountable Officers

There must be an Accountable Officer for each third party asset who will be responsible for ensuring propriety and regularity. Where assets can be brought into departmental heads of expenditure they must be used economically, efficiently and effectively.  The appointment, responsibilities and other guidelines on Accountable Officers are defined in the appropriate Accountable Officer section.

2. Register of third party assets

Each States Body must maintain a register of the types of third party assets administered and managed by any person/body under the control of their designated area of responsibility. 

3. Bank accounts

Before opening any new account to hold a third party asset checks must be made to see if a suitable account already exists. 

4. Documentation of procedures

Accountable Officers must ensure that, for amounts over £10,000 or where the Accountable Officer considers there is a particular risk, there are documented procedures in place to cover the administration and management of third party assets. This documentation must, where applicable, also include procedures for the return of money and valuables in defined circumstances.

Where a donation (monetary or otherwise) is given as a gift in recognition of service, or gratitude for, a service provided by an employee(s) in the course of their duties the procedures in the Acceptance of Gifts and Hospitality section of the Manual must be followed.

5. Administration of third party assets

The operation of each third party asset must follow documented procedures. 

Where money or property has been left in a Will or in Trust to the States the Accountable Officer must ensure that the terms of the relevant Will or Trust are followed.  Where these funds can be brought into departmental heads of expenditure approval of the Minister for Treasury and Resources must be sought, where appropriate, in accordance with the Changes to heads of expenditure section of this Manual. The Accountable Officer is then responsible for ensuring that value for money is gained from these assets. If changes are required to the terms or a Will or Trust to enable funds to be put to better use advice must be sought from the Law Officers’ Department.

6. Asset Registers

Accountable officers must ensure that, where appropriate, third party assets are correctly recorded in departmental asset registers.

7. Insurance   

An Accountable Officer must ensure that suitable insurance arrangements are in place to cover the holding and administration of third party assets.

8. Monitoring and reporting on financial activity

Although third party assets do not form part of the States income and expenditure and are not part of the States of Jersey’s Annual Financial Statement the relevant Accountable Officer must ensure that, for amounts over £10,000 or where the Accountable Officer considers there is a particular risk, appropriate periodic reports, at least annually, are prepared for each third party asset. As a minimum these reports should look at the operation and financial performance of these areas to ensure that they are meeting their objectives.   It is recommended that a pragmatic approach is taken reflecting the size and type of asset being administered.  As a minimum, annual accounts must be prepared for those areas where the third party asset is held to provide benefit to a group e.g. PTA funds.  Again, it is recommended that a pragmatic approach is taken when determining the form of such accounts and the level of audit.  

9. Investment

The investment of any money held in any third party asset must be in line with the provisions of the Public Finances (Jersey) Law 2019 or the terms of any bequest or trust fund.  The States Treasurer is responsible, where appropriate, for ensuring that third party assets are invested in line with the relevant investment strategy.  Further guidance can be found in the Investments section of the Manual.  

10. Losses

Where any losses occur in relation to third party assets and there is a legal obligation to make good those losses, this must be funded from the head(s) of expenditure of the responsible Accountable Officer.​

Land and prop​erty assets​

​​Introduction and background​​

This section of the manual applies to all States Bodies, including States Funds and Trust Assets, as defined in th​e Public Finances (Jersey) Law, 2019 and relates to all land and property assets, including leased and donated land and property assets, and the management and disposal of land and property assets.  

Accountable Officers are personally accountable for the proper financial management of resources as defined in their letters of appointment. The majority of land and property assets are the responsibility of the Accountable Officer for the Infrastructure and Environment department.

This section does not apply to the Viscount’s Department, which seizes, manages and maintains Jersey properties subject to court order and leases its own storage facilities. These activities do not involve Jersey Property Holdings.

Certain land and property transactions are required to be notified to the States Assembly under Standing Order 168, which can be found​ ​on Standi​ng Order​s of the States of Jersey​.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically these include:

  • Changes to heads of expenditure
  • Expenditure and procurement
  • Major, str​ategic and other projects

In addition to the common risks identified in the background and introduction section of the Manual a number of significant risks relating to this section include:

  • the 'whole life cost' is not defined as part of the design or acquisition of a new land or property asset
  • following acquisition, information on an asset is incomplete or not in the correct format
  • an asset is not disposed of at fair market value and therefore does not achieve the best value for the States or Government of Jersey
  • the asset register is incomplete
  • the inventory or asset deteriorates or becomes obsolete
  • an asset is incorrectly maintained, or allowed to fall to the 'lowest maintainable condition'
  • an asset no longer meets the States or Government’s needs
  • the disposal of an asset is not properly authorised​

Principles

1. Asset management for land and property should be led by Jersey Property Holdings under the corporate landlord model and undertaken in such a way to ensure that organisational and functional requirements are aligned and linked to the priorities set in the Island Property Estate Strategy and the Government Plan.

2. Accountable Officers should work to optimise the performance and identify the lifetime costs of land and property at the outset, including those required for maintenance and operating the asset, whilst looking to mitigate the risks associated with those assets.

3. Accountable Officers should be focused on ensuring that land and property assets are used to produce services that deliver value for money and meet the States and Government of Jersey’s priorities.

4. Land and property assets should be safeguarded and maintained in terms of value, health and safety, insurance, other regulatory requirements and protected against misuse.​ 

5. The need for land and property assets should be reviewed on a continuous basis through the asset management planning process.

6. Where a donated land or property asset has no likely States or Government use it should be disposed of if the terms of the donation permit, and the proceeds applied to the purpose intended by the donation.

Requirements​

​1. Consultation with Jersey Property Holdings

Jersey Property Holdings (JPH) must be consulted prior to any discussion or negotiation regarding the acquisition, disposal, letting or rental of land on behalf of the public of Jersey. This applies where the acquisition, disposal, letting or rental is on behalf of an arm’s length body but the cost is to be met from within the budget of a States department, as opposed to from a grant from a States department. JPH should administer the transaction if requested to do so by the department bearing the cost.

2. Land and Property Asset Management Plan

The Public Estate Strategy (Strategy) guides the development and management of all States and Government operational land and property (Estate) under a single Corporate Landlord Model governed by Jersey Property Holdings (JPH). Under this model, the Accountable Officer for Jersey Property Holdings must produce a Strategic Asset Management Property Plan (SAMP). The SAMP must be based on analysis of the condition and performance of assets held and must use good quality and timely asset data.

This will identify the property needs and outline what additional property is needed as well as where surplus property exists, or where property can be reused to support other services within the States and Government of Jersey. This will form part of the wider strategic view of land and property ownership and rental which will inform the land and property requirements of the long-term capital plan.

3. Acquisition of land and property assets

Land and property must only be acquired where it has been shown to be a necessary requirement, or where it has been donated. The SAMP will highlight this requirement and identify that no suitable option to meet the need exists within the estate portfolio.  Recommendations for the acquisition of suitable property must be subject to a business case, which includes the forecast whole life costs of the asset.

There must be appropriate systems in place to ensure that the design, build and commissioning or acquisition of an asset complies with the relevant regulatory requirements, including legislative, heritage, health and safety, and environmental obligations, including consideration of the asset’s carbon footprint. 

The process for the acquisition of land and property will be directed by the Disposal and Acquisition of Land and Property policy, which is attached in supporting documents.​

4. Disposal of surplus assets of land or property

If initiated by them, Accountable Officers must consult with Jersey Property Holdings on the disposal of land or property assets.  Recommendations for the disposal of land or property, including a business case, must be approved by the Minister for Infrastructure, and meet the requirements set in States Standing Order 168. States Standing Orders can be found on the States Assembly website. When a disposal is agreed, Accountable Officers must ensure that the disposal is completed as swiftly as the market will allow, with reasonable consideration for best value.

The process for the disposal of land and property will be directed by the Disposal and Acquisition of Land and Property policy.

Any use or disposal of land or property which falls into the remit of Standing Order 168 is subject to notification to the States Assembly.

5. Proceeds from disposal of land and property assets

Proceeds from the disposal of States or public owned land and property assets will be available to Jersey Property Holdings. Their use by JPH must either be either:​

  • set out in an approved Government Plan
  • approved by the Minister for Treasury and Resources under Article 21 of the Public Finances (Jersey) Law 2019. JPH must request this approval prior to spending where use has not been set out in an approved Government Plan

Proceeds from the sale of land and property held in a Fund, including a gift or bequest Fund, must be credited to that Fund.

6. Recording of assets

Accountable Officers and JPH must ensure that land and property assets are appropriately recorded to ensure completeness with any losses, thefts and damages appropriately documented and in line with requirements set in the losses and write offs section of the m​anual.

7. Physical checks

Accountable Officers and JPH must ensure regular physical checks of assets and inventory, including checks on condition, statutory compliance are carried out, and that discrepancies between records and physical checks are reported, and that appropriate action is taken.

8. Professional advice

Accountable Officers and JPH must seek appropriate professional advice when disposing of land and property assets of significant value as set out in the Disposal and Acquisition of Land and Property policy within supporting documents.​​

9. Maintenance

Accountable Officers and JPH must keep and review a maintenance schedule in order to prioritise the appropriate maintenance of land and property in a manner that protects or enhances their value to the States and Government of Jersey.

10. Use and insurance

Accountable Officers and JPH must ensure that land and property are only used for purposes that meet the priorities of the States of Jersey. The Accountable Officer for Jersey Property Holdings must ensure that such assets are adequately insured.

11. Indemnities in property leases

Jersey Property Holdings are not required to seek approval from Treasury and Exchequer for the inclusion of standard indemnities in property leases. However, the Accountable Officer responsible for Jersey Property Holdings must ensure that:

  • a register is maintained of all leases that include indemnities
  • any indemnity in a property lease which creates a potential uninsured liability to the States of £50,000 or more is quantified and notified to the Treasurer of the States​

Leases

Introduction and background

This section provides guidance on leased assets, hire purchase contracts, sale and leaseback transactions and any other similar arrangements (together “lease transactions”) that the States of Jersey may enter into and it applies to all States Bodies as defined in the Public Finances Law. Some leases are economically equivalent to financing and should be treated as such. The section addresses how the States of Jersey may enter into lease arrangements, the procedures to be followed before entering into a lease contract and accountability in relation to leases.

Guidance on how lease contracts should be accounted for and disclosed within each States Body’s and the States of Jersey’s annual financial statements is covered in the Jersey Finance Reporting Manual issued under the Public Finances Manual, which is based on the UK Treasury Financial Reporting Manual and is periodically updated for changes in UK endorsed International Financial Reporting Standards as adapted for the Public Sector in Jersey. States Bodies contemplating such arrangements should consult with Treasury and Exchequer.

The Jersey Financial Reporting Manual defines a lease as “a contract between a lessor and a lessee for the hire of a specific asset”. The States of Jersey currently acts in the capacity of a lessor or a lessee for a variety of specific assets.​

Users of this section should refer to other sections of the Public Finances Manual that are relevant, including:

  • assets
  • financing
  • expenditure
  • lending 
  • major projects

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include:

  • leases may be entered into without appropriate approval
  • the length of the lease term as well as other clauses within it might mean that it does not represent the best value for money for the States or Government of Jersey. Such lease arrangements may be entered into based upon attractive terms, but these may become increasingly onerous over the period of the contract.”
  • lease agreements may be entered into which carry penalties and clauses which might have negative long-term implications for the States or Government of Jersey
  • leases may not be accounted for in accordance with the Jersey Financial Reporting Manual standards
  • lease agreements may be inadequately documented
  • there is an increase in credit risks due to ineffective customer due diligence

Principles

1. Adequate assessment should be carried out prior to entering any leases arrangement to ensure that such arrangements represent best value for money compared to other options. In assessing leases against other options, consideration should also be given to which option allows the States of Jersey to better share or transfer risk; in particular in the case of technology, the risk of obsolescence.

2. Leases should be properly approved and documented. They must be accounted for in accordance with the Jersey Financial Reporting Manual.

3. There should be proper means of monitoring and controlling leases in accordance with the requirements of this section, the Jersey Financial Reporting Manual and States Bodies’ policies or procedures in relation to leases, if any.

4. The terms of all lease agreements should be clearly assessed and documented to ensure that they do not lead to losses or poor value for money which could have been avoided by the States of Jersey.

Requirements

1. Name on lease

All leases which relate to immovable property must legally be in the name of the Public of the Island or in the case of Specified Organisations, the company itself. Leases relating to property are governed by separate arrangements within Standing Orders.

2. Approval from States Treasurer

All lease transactions where the lease term is over 10 years, or with committed payments of over £5 million, must be referred to the States Treasurer for approval. The Treasurer, in turn, must seek advice from the Law Officers’ Department.​

3. Financial appraisal

States Bodies must carry out a full financial appraisal before authorisation is sought regarding any potential leasing arrangement. This should include consideration of penalty clauses and their potential impact on the overall commerciality of the transaction.

4. Leasing costs

All costs of leases must be met by the States Body on whose behalf the lease is obtained and should include all associated and incidental costs including potential penalties. The cost of leases must be accurately reflected in the appropriate States Body’s financial statements.

5. Reporting by the Minister

Lease transactions must be included in the six monthly update report of the Minister for Treasury and Resources to the States Assembly on financing and other matters.

6. Documentation

For all leases, the Accountable Officer must be able to provide documentation which indicates that:

  • the leasing agreements entered into are competitive
  • the cost and terms relating to the leasing are comparative with the outright funding option
  • the benefits (tangible and intangible) of using this leasing route outweigh the outright purchase route

Where approval by the Treasurer of the States is required sufficient documentation must be provided to the Treasurer, in order to allow for proper assessment and consideration of the full cost before making a decision to approve or reject the proposal.

7. Provision of contracts to Treasury and Exchequer

Copies of all signed lease contracts to which the Public of the Island, States of Jersey or Minister as a corporation sole are party to, must be forwarded by the relevant Accountable Officer to Treasury and Exchequer.

8. Reporting - Accountable Officers

Accountable Officers must report lease arrangements for both capacities of lessor and lessee in a form specified by Treasury and Exchequer.

9​. Concessionary leases of property

Where a lease of States property is agreed at less than market value, approval of the relevant Accountable Officer (or an officer formally delegated in the Accountable Officer’s Scheme of Delegation) must be documented. The Accountable Officer (or delegated officer) must consider and document whether the reasons for agreeing a concessionary charge are justifiable in light of the Accountable Officer’s statutory obligations for ensuring that the resources of the States Body are used economically, efficiently and effectively.

Cash and bank

Cash

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and applies to Accountable Officers and officers directly involved in the cash handling process.

In the context of this section, cash means notes and coins, cheques and card receipts, including cash refunds against card receipts. Recognised cash like items such as stamps are also included in this definition. However, cryptocurrencies, digital currencies and other online tokens are not covered within this definition and should not currently be accepted by a States Body (or Specified Organisation) as a form of payment for services.

In view of the diversity of cash systems operating across the States of Jersey, such as cash floats, school, student funds or patients’ funds, it is not practical to provide specific requirements on all aspects of cash handling. The requirements of this section should be supplemented with States Body specific procedures where necessary.

Users of the Public Finances Manual should refer to other sections that are relevant. Specifically these include:

  • assets
  • banking
  • expenditure
  • fraud
  • income

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • the States or Government of Jersey is unable to achieve its Strategic Priorities due to poor cash management
  • the personal safety of staff and unsecured cash might be compromised
  • the States or Government of Jersey could become involved in incidents of money laundering
  • cash received is incorrectly recorded
  • cash is used unnecessarily, where electronic payments would be better suited

Principles

1. The use of cash to settle transactions is expensive compared to other methods, such as standing orders, bank transfers or direct debits, and poses a greater risk of losses due to fraud, theft or error. Cash handling should, therefore, be kept to a minimum as a method of payment accepted by the States of Jersey. Debit or credit cards should be the preferred option for one off payments, with cheques and cash only to be used where there is no feasible alternative. In the event that cash is used as a method of payment, such payments should be restricted to a maximum sum to be specified by the States Treasurer. For recurring receipts, Accountable Officers should encourage customers to use bank transfers, direct debits and standing orders to reduce the need for cash handling and encourage timely remittance.

2. Cash balances should only be held for petty cash and float purposes, and should be limited to the lowest practicable amount (as agreed with Treasury and Exchequer) to reduce risk of loss or theft. These limits should be periodically reviewed to ensure that they remain as low as feasibly possible. Treasury and Exchequer must be made aware of these balances and any changes to limits. Any proposed changes to these limits should be communicated in advance and agreed with Treasury and Exchequer.

3. Accountable Officers should ensure that the number of keys issued, security codes and officers having access to cash are kept to a minimum to reduce the risk of theft. Furthermore, a register of authorised key holders should be kept and maintained at all times, and staff should be aware of the security requirements

4. Accountable Officers should ensure that control and assurance frameworks are in place and that they are tailored to cash handling within their States Bodies.

Requirements

1. Scheme of Delegation

Accountable Officers must operate a documented Scheme of Delegation which segregates duties appropriately for their States Body in respect of cash handling. These duties include custody of the cash, transactions involving cash, reconciliations and reporting of cash flows and balances. The Scheme of Delegation must be submitted to the Treasurer for approval.

2. Securing cash

Cash must be held securely in a locked cash box or safe and appropriately protected at all times. Safes are recommended to be of a Eurograde specification appropriate to the value of cash that is expected to be stored. Security arrangements should be communicated to members of staff as appropriate, and only authorised officers should have access to safes and cash boxes. Cash must not be reconciled or stored within the view of the general public. Cash must never be left loose or unattended to and must not be kept in storage cupboards or desk drawers.

3. Recording cash

Accountable Officers must ensure that all cash is appropriately recorded and reconciled, with swift and appropriate actions to be taken where variances occur. Reporting should be undertaken on a timely basis and in the form prescribed by Treasury and Exchequer.

4. Refunds

Where required, refunds to credit and or debit cards must only be made to the original card used, and not in the form of cash or cash equivalents (such as vouchers).

5. Banking cash

Banking of cash must be undertaken frequently to ensure that the limits for sums insured are not exceeded.

6. Proper usage of cash

Accountable Officers must ensure that cash is not used for personal or private purposes and no advances or loans should be given to any member of staff for such purposes, except in accordance with the requirements of the Lending section of the Public Finances Manual.

7. Anti money laundering

Accountable Officers must ensure that staff within their area of responsibility are aware of the States’ policy.

8. Personal cash

The States’ insurance policy does not cover the loss of personal cash, for example staff collections or lottery syndicates.

Banking

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides guidance on the creation, operation and management of bank accounts belonging to the States of Jersey.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically these include:

  • cash
  • expenditure
  • funds
  • fraud
  • income

Principles

1. The number of bank accounts as well as balances in commercial banks should be kept to the most economic minimum to minimise the risk of idle funds, error, fraud or theft and allowing for ease of reconciliation.

2. Overdrawn balances in bank accounts are not allowed, except by explicit permission from Treasury and Exchequer.

3. States Bodies should take appropriate steps to prevent acts of fraud being committed on their bank accounts and transactions.

4. Banking operations should be regularly reviewed to reassess the objectives, cost and benefits of maintaining the various bank accounts, diversification and exposure to different banks, rate of returns and credit risk.

5. Banking reconciliations should be performed regularly and promptly, and independently reviewed and approved.

6. There should be hierarchical controls on transactions, such as making or reviewing payments, and these duties should all be segregated.

7. These principles also apply to bank accounts used for trust funds and bequest funds, unless these funds specify otherwise.

8. In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • bank accounts are not serving the Strategic Priorities of the States or Government of Jersey for which they were created
  • the States or Government of Jersey is not making the best possible use of balances held in bank accounts to enhance returns
  • the States or Government of Jersey’s bank accounts are used to carry out money laundering activities
  • the banking arrangements are not efficient or effective and creates inefficiencies in reconciliations, reporting and the use of funds
  • bank accounts are operated on terms which are not competitive
  • bank accounts are unnecessarily created with a lack of appropriate experience, resulting in avoidable oversights
  • the use of banks is not appropriately diversified

Requirements

1. Treasury approval

Opening and closing of bank accounts must only be undertaken by Treasury and Exchequer, and these should only be with banks registered with the Jersey Financial Services Commission or with banks holding a recognised credit rating and as defined by the States Treasurer.

In limited cases, States Bodies can request that Treasury and Exchequer open or alter a bank account. Such requests should demonstrate the value to the States of Jersey and explain why the purpose cannot be achieved through the use of existing bank accounts.

The Minister for Treasury and Resources can arrange a bank overdraft or overdraft facility (the value of all overdrafts or overdraft facilities cannot exceed 25% of the estimated income of the States derived from taxes and duties during the previous financial year).

2. Frameworks

Each States Body should establish and maintain a suitable framework for monitoring and control of its cash balances and its transmission of funds. The framework should cover, but is not limited to the following:

  • the bank accounts operated within the States Body, their purposes, terms (which should be as approved by Treasury and Exchequer) and justification for continuation
  • how the different bank accounts are operated, including details such as the acceptable methods of payment
  • how the risk of error and fraud are to be managed and prevented
  • record keeping, reconciliation and review of bank accounts
  • key personnel and authorisation

Specific charges for money transmission and other banking services for States Bodies should be subject to negotiation by the States Treasurer. This ensures that costs are transparent and assists in making comparisons between service providers in order to attain the best terms possible, in line with the overriding principle of best value.

3. Scheme of Delegation

Accountable Officers must operate a documented Scheme of Delegation, which segregates duties appropriately for their States Body in respect of bank accounts. These duties include the recording, reconciliation and reporting of bank balances. The Scheme of Delegation must be submitted to the States Treasurer for approval.

4. Transmitting funds

States Bodies should adopt the most economical, secure and quickest means of transmitting funds or operating their bank accounts. Examples generally include the use of internal transfers, electronic methods and cards. However, on a case by case basis, consideration should be given to security and the need to obtain best value for the States of Jersey. As much as possible, transmission of funds should not be done using cash, cheques, order books or other similar methods involving high security risk.

5. Bank reconciliations and reporting

Accountable Officers must ensure that reconciliation is carried out on all bank accounts, (at least monthly for those accounts which have more than 10 transactions per month otherwise on a quarterly basis), with appropriate actions to be taken where discrepancies are recorded. This should be reported on a timely basis and in the format and frequency prescribed by Treasury and Exchequer. As a general rule reconciling discrepancies should be cleared within one month.

6. Bank account reviews

Periodic reviews must also be conducted, at least annually, on all bank accounts maintained to determine the exposure of the States to individual banks, the rate of returns being obtained and their credit risk. In addition, to ensure that they are being used solely and efficiently for their authorised purposes. The outcome of these reviews should be reported to States Treasurer. Dormant or unauthorised accounts identified by these reviews must be closed immediately.

7. Overdrafts

Bank accounts are not permitted to be overdrawn without the express permission of Treasury and Exchequer. If any bank account, including those administered by Treasury and Exchequer, becomes overdrawn the negative balance must, as far as possible, be cleared by the end of the next working day by the transfer or deposit of funds. If it’s not possible to address a negative balance the States Treasurer must be notified.

Foreign currency

Introduction and background

This section applies to all States Bodies as defined under the Public Finances Law and provides guidance on the planning and undertaking of financial transactions in any foreign currency. The States of Jersey has receipts and payments in foreign currency, which could be regular or occasional in nature. In addition some States Bodies may have overseas operations which give rise to longer term foreign currency exposures. This section sets out the principles for the management of these cash flows and exposures.

The aim of this section is to provide guidance as to how to insulate the States of Jersey, as far as practically possible, from the material adverse impact of foreign exchange movements on its receipts and payments. Additionally, it is also designed to aggregate the overall impact of various expenditure and income so that these can be offset against each other and the net cash flows appropriately managed.

Foreign exchange movements can be favourable or unfavourable, and on small transactions will have a negligible impact on the States of Jersey's finances. This section, therefore, focuses primarily on larger transactions. However, the classification of transactions into small and large will be different for each States Body.

It is also important to note that the States of Jersey will make gains and losses on foreign currency in the normal course of business which will be reported in the financial statements.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • Arm’s Length Organisations
  • expenditure
  • income
  • investments
  • major projects

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include:

  • the States or Government of Jersey could be vulnerable to sudden weakness in Sterling relative to other currencies
  • the States or Government of Jersey may be incurring higher than necessary transaction costs for foreign currency transactions
  • the States or Government of Jersey may be over exposed to currency transactions if holdings are not at an optimum level
  • States Bodies may be undertaking transactions in foreign currency to the disadvantage of, or detriment to, the States or Government of Jersey
  • the States Treasury and Exchequer may have incorrect or insufficient documentation of foreign currency exposures
  • the levels of foreign currency or positions taken are insufficient to meet foreign currency obligations, resulting in losses or additional costs to the States or Government of Jersey
  • the States or Government of Jersey incurs costs in hedging foreign currency exposure that are excessive in comparison with the exposure itself
  • overseas operations may accumulate significant foreign currency reserves exposing them to operational risk in the event of currency fluctuations

Principles

1. Foreign currency transactions should only be entered into where they represent best value for money to the States.

2. Where possible, foreign currency receipts should be matched with payments to reduce exposure to foreign currency fluctuations.

3. Where matching is not feasible, other means of managing foreign currency transaction risk (hedging) should be considered. Only the States Treasurer can be authorised to enter into hedging arrangements.

4. Wherever possible foreign currency transactions should be dealt with through cash balances in Euros (€) and US Dollars ($) held by the States Treasurer.

5. Foreign currency obligations and transactions as well as balances on foreign currency accounts should be monitored by the States Treasurer on a regular basis, at least monthly. 

6. Where States Bodies have overseas operations, Accountable Officers should give consideration to the most appropriate way to manage longer term foreign exchange exposure arising from the operations, seeking advice from Treasury and Exchequer.

Requirements

1. Duties of Accountable Officers

Accountable Officers are responsible for:

  • submitting details of planned foreign currency receipts and payments in excess of £50,000 to Treasury and Exchequer when requested as part of the financial planning cycle and as soon as any likely additional payments above this value become known
  • informing Treasury and Exchequer, in writing, as soon as they become aware of any unplanned foreign currency receipts or payments greater than £50,000
  • notwithstanding the amount stated above, States Bodies should apply these requirements to transactions which are individually, or on an aggregate basis, material to their operations
  • regardless of the amount, ensuring that all foreign currency payments are clearly identified as such when requesting payment to be processed by Treasury and Exchequer
  • ensuring that sufficient approvals are in place relating to the income or expenditure and its total sterling value, and that the expenditure is proper and represents good value for money
  • providing a quarterly estimate of foreign currency requirements to Treasury and Exchequer

2. Hedging

The Minister for Treasury and Resources is responsible for deciding whether to hedge foreign currency transactions. The Minister for Treasury and Resources can delegate the decision to enter into hedging transactions to an Assistant Minister or an Accountable Officer. The States Treasurer is responsible for entering into hedging arrangements in accordance with this section and the decisions of the Minister for Treasury and Resources.

3. Reporting hedging

The States Treasurer must:

  • prepare an Aggregated Foreign Currency Cash Flow for consideration by the Treasury Advisory Panel
  • inform Accountable Officers of hedging arrangements

4. Treasury Advisory Panel responsibilities hedging

The Treasury Advisory Panel should:

  • consider and decide on hedging arrangements based on the Aggregated Foreign Currency Cash Flow provided
  • determine the most appropriate form(s) of hedging based on individual and aggregated planned cash flows

5. States Treasurer responsibilities

The States Treasurer must:

  • if hedging appears to be an appropriate option, refer such receipts or payments to the Treasury Advisory Panel, who will advise upon appropriate hedging arrangements
  • require the foreign currency receipts or payments to be translated into Pound Sterling (£) on the day of receipt or payment if they are not covered by a hedging arrangement
  • require the receipt or payment to be paid into or from an account specified by Treasury and Exchequer
  • inform the Accountable Officer of the appropriate action required

6. Minor Foreign Currency Receipts and Payments

Where relatively small foreign currency transactions occur (i.e. less than £50,000) the transaction will not routinely be hedged(unless the amount forms part of a series of smaller transactions which when totalled meet the £50,000 threshold), and the Accountable Officer need not inform the States Treasurer in advance of this type of foreign currency expenditure. Minor receipts and payments in Euros and US Dollars must be processed through foreign currency accounts. Minor transactions in other currencies must be translated at the time of the Transaction.

7. Cash Management

  • all currency receipts, unless hedged, must be changed into Sterling upon receipt, unless the States Treasurer believes that such currencies are likely to be needed for payments in the near future. All currency payments, not hedged, must be translated from Sterling into the relevant currency prior to the payment being made
  • Accountable Officers must report to Treasury and Exchequer their expected foreign currency transactions at the beginning of each quarter in order that the overall foreign currency requirements can be considered
  • the States Treasurer must:
    • monitor the balances on the foreign currency accounts and report them to the Treasury Advisory Panel at least quarterly
    • maintain foreign currency accounts in (as a minimum) US Dollars and Euros
  • the Treasury Advisory Panel should consider the level of foreign currency holdings and the timing of translation to Sterling

8. Costs

Costs, and gains associated with foreign exchange translation and hedging arrangements associated with a transaction must be borne by or attributed to the States Body (States Fund or Trust Fund) undertaking the transaction.

9. Accounting and budgeting

Accounting for foreign currency transactions must be undertaken in accordance with the Jersey Financial Reporting Manual. The States Treasurer must inform Heads of Finance Business Partnering of the exchange rate to be used in budgeting foreign currency income and expenditure as part of the Government Plan process. The exchange rate applied to un hedged foreign currency transactions for the purposes of calculating the relevant Sterling cost to the relevant budget must be determined by the States Treasurer by reference to current exchange rates and States of Jersey accounting policies. Gains and losses made on foreign exchange must be reported in the States of Jersey annual financial statements.

10. Overseas operations

Accountable Officers responsible for overseas operations should consider foreign exchange exposures as part of their overall strategy for those operations, consulting Treasury and Exchequer for advice if necessary. In particular consideration should be given to whether matching payments and receipts in the same currency provides sufficient mitigation for the exposure or whether additional hedging should be considered. Advices should be sought from Treasury and Exchequer.

Expenditure

Expenditure and procurement

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and applies to all expenditure made by Accountable Officers of States Bodies, or on their behalf. The principles should be applied to all public expenditure by any person authorised by an Accountable Officer to undertake that expenditure.

This section excludes Benefit Payments. However, such payments should be appropriately documented. It also excludes the following, which will be subject to separate, specific guidelines:

  • depreciation (see Annual Financial Statements)
  • impairments, losses and write offs (see Losses and Write offs)
  • finance charges (see Financing)
  • special payments (see Special Payments)
  • grants (see Grants)
  • payments to staff (other than expenses) (see relevant Human Resources guidelines)

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • major, strategic and other projects

Additional guidance can be found in:

  • Procurement Best Practice Procedures: User Guide and Toolkit (within supporting documents)
  • Travel Policy (within Supporting documents)

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks associated with the goods, work and/or services being procured include: 

  • expenditure is not properly authorised
  • purchases are made which either do not represent good value for money or fail to leverage the States or Government of Jersey’s buying power
  • expenditure is considered irregular i.e. is not spent for the purposes intended
  • the States or Government of Jersey does not demonstrate sufficient adherence to the International Agreement related to Procurement and expenditure that the States or Government of Jersey is party to or compliance to our anti-corruption practices
  • the States or Government of Jersey’s reputation may be compromised as a result of poor procurement practice and weak governance arrangements
  • the competition process and subsequent contract award is not open, fair or transparent or could be at risk of legal challenge
  • contract terms and conditions do not provide adequate protection to the States or Government of Jersey
  • service and performance targets are not adequately defined
  • there is inconsistent application of controls and performance management of suppliers across the States and Government of Jersey
  • goods, works or services are paid for more than once in error
  • expenses claims are inadequately evidenced or are paid more than once in error
  • States or Government of Jersey employees are not protected from unwarranted criticism from not following due process, best practice guidance or adherence to principles
  • expenditure is incorrectly recorded
  • quote and tendering limits are deliberately circumvented

Breaches and Exemptions relating to Expenditure and Procurement must be approved by the Group Director Commercial Services or delegate (using on the on-line breach and exemption process).  For clarity where this section stipulates “must” then the instruction must be followed unless an exemption has been approved by the Group Director, Commercial Services (or delegate). If a mandatory requirement has not been followed, and an exemption was not obtained in advance, then a breach must be formally recorded and noted by the Group Director, Commercial Services. Where the word “should” is used, it is expected that this approach is taken. In the latter instances, departments must record and retain evidence where an alternative approach is taken but there is no need to formally record a breach.

Principles

1. All expenditure should be incurred in accordance with approved Schemes of Delegation.

2. All expenditure should be furthering the Strategic Priorities for which the funding was allocated by the States Assembly. 

3. Accountable Officers should primarily seek to obtain value for money at all times and be able to justify all expenditure within their areas of appointment.

4. Accountable Officers should ensure that all procurement processes are open, fair, transparent, and follow the requirements of all international obligations applicable to the Government of Jersey.

5. All expenditure should be appropriately funded, authorised, recorded and coded. 

6. All expenditure should be approved in advance of goods, works and/or services being received, utilising approved Government/States of Jersey systems and payment should only be made when the supplier has been fully on-boarded and not in advance of receiving the goods, works and/or services without prior approval.

7. All expenditure should be subject to segregation of duties control i.e. no one officer should be able to raise an order, receipt the goods, works or services received, and approve payment of the invoice.

8. All commitments to incur expenditure should have sufficient expenditure approvals in advance to be able to meet those commitments (except as permitted by the long-term contractual agreements or Pre Orders paragraphs in this section).

9. Accountable Officers should take into account the sustainable wellbeing (including the economic, social, environmental and cultural well-being) of the inhabitants of Jersey over successive generations when making expenditure and procurement decisions.

10. Budgets should not be overspent at a Director/Service level. Accountable Officers should explain why this has occurred to the Treasurer of the States on request.

Requirements

1. Achieving Value for Money

Expenditure must be undertaken in accordance with the Procurement Best Practice Procedures: User Guide & Toolkit (including putting contracts out to tender according to the criteria set out in the Toolkit) unless an exemption has been approved (using the online breach and exemption process). For all expenditure Accountable Officers must be able to justify value for money achieved within the head(s) of expenditure for which they are responsible. Accountable Officers should consider recharging expenditure to another Accountable Officer if they are not taking spending decisions relating to that expenditure (see Internal Recharges section of this Manual). 

Accountable Offers must ensure that that there are sufficient controls in place to prevent purchases and orders from being artificially or deliberately split to stay under the quotes or tendering limits and requirements as set in the Procurement Best Practice Procedures: User Guide and Toolkit (including putting contracts out to tender).

2. Scheme of Delegation

Accountable Officers must document and operate a Scheme of Delegation for their States Body which segregates duties as appropriate for authorisation relating to expenditure transactions. The Scheme of Delegation must also specify who is able to sign contracts. The Scheme of Delegation must be submitted to the Treasurer for approval.

3. Corporate Procurement Contracts

Corporate procurement contracts (which include Framework Agreements) must be used unless an exception is documented within the Scheme of Delegation and approval (by exemption) has been obtained from the Group Director, Commercial Services (using the online breach and exemption process). In the case of a genuine emergency, the incident must be documented and the Group Director, Commercial Services advised as soon as possible afterwards; this event would be known as a Breach, and the Breach process detailed in the Procurement Best Practice Procedures: User Guide & Toolkit must be followed.

4. Procurement system

The approved Government or States of Jersey procurement system must be used to manage purchasing of goods, works, and services, except where alternative approaches have been approved by the Group Director, Commercial Services through an exemption (an Exemption must be recorded in the online system).

5. Expenditure Controls

Accountable Officers must ensure that there are appropriate controls in place over the expenditure process to ensure effectiveness and efficiency. These should include matching vendor invoices to the purchasing instrument (e.g. purchase order) and receipt before any payment is made as well as segregation of duties 

6. Expenditure Authorisation

Certain expenditure may require specific authorisation, in addition to those required by the Scheme of Delegation. This includes but is not limited to the following:

  • Jersey Fleet Management must be consulted prior to any vehicle purchase being agreed 
  • the Director of the Civil Division of the Law Officers’ Department must be consulted prior to the purchase of any legal services being agreed 
  • Property Holdings must be consulted prior to any property and land transactions being agreed 

In general, it may be appropriate to seek specific authorisation where the expenditure impacts on the activities of another States Body.

7. Expenditure on Technology, Software, Systems and Related Services

(i) All departments intending to undertake any expenditure on technology (Hardware, software, networked devices and software as a service), including any business project with a technology element, must consult with the Government of Jersey Design Authority process to seek direction and approval.

(ii) In addition to expenditure related to (i) above, Departments must make financial provision for the support and maintenance for the life of any technology assets.  Guidance on the financial liabilities related to these investments can also be obtained through the Government of Jersey Design Authority process.

(iii) All procurement by departments of information technology related services (Software Developer, etc) must be pre-approved by the digital category manager in Commercial Services and have consulted the Government of Jersey Design Authority process in Modernisation and Digital before any work is undertaken by external agencies, contractors or consultants. 

The above requirement excludes Operational technology (OT). OT is hardware and software that detects or causes a change, through the direct monitoring and/or control of industrial equipment, assets, processes and events.

8. Long term Contractual Agreements 

In the case of contractual arrangements where the obligation to pay extends beyond the end of the current Government Plan period, other than contractual staff expenditure, Major Projects or Leases, the States Body concerned must obtain approval (using the appropriate Recommend to Award form if required) from Treasury and Exchequer before entering into any such arrangement. Care should be taken where the future source of funding is uncertain e.g. for new initiatives, or where the ability to pay depends upon the future generation of income. The Government Plan will include three years’ worth of indicative expenditure, providing a reasonable indication as to the levels of funding available over the time period.

9. Payments in Advance of Receipt

Payment must not be made in advance of receipt of goods, works and/or services, except where this is a normal condition for the goods, works and/or services being ordered (for example, subscriptions to magazines and periodicals, conference and course fees). If there is doubt about whether this is a normal condition, Commercial Services should be contacted for advice. Exceptions may be made where advance payment represents good value for money e.g. early payment discounts. Such exceptions will require approval by the Group Director Commercial Services except where the States Body’s Scheme of Delegation requires otherwise. 

10. Payments after Receipt

States Bodies must process payments for purchases of goods, works and/or services following receipt in the appropriate financial period (as specified by the Head of Group Reporting). 

11. Online Purchases

When purchases are being made via the internet, Accountable Officers must ensure that States of Jersey I.T. Security Policies are followed including the use of secure checkouts.

12. Goods and Services Tax

Goods and Services Tax and other sales taxes, such as Value Added Tax, must only be paid where legally required (or where suppliers refuse to deduct after discussion).

13. Pre Orders

It may be necessary or expedient for a States Body to order goods, works and/or services towards the end of a financial year for which no provision has been made in that year’s budget allocation. For example, by pre ordering a better price or discount can be achieved or continuance in service provision can be ensured. This type of pre ordering is permissible under the Public Finances Law provided that the goods, works and/or services are neither received nor paid for until the following financial year and the expenditure is included in the indicative budget for the following year as agreed in the Government Plan and reviewed as part of the year end process.

14. Purchase Cards

Accountable Officers must ensure that Purchase Cards are issued and used in accordance with the guidelines outlined in the Purchase card procedures (within Supporting documents).  

15. Travel

All travel must be booked and undertaken in accordance with the Travel Policy (within Supporting documents).

16. Consultants, contingent labour and outsourced service solutions​

All expenditure on consultants, contingent labour and outsourced service solutions must comply with the policy set out by Commercial Services. This is found on their internal website.

Government departments must seek approval from the Chief Executive Officer for such expenditure. Non-Ministerial departments must use the process but requests will be automatically approved.

All reports from consultants and other third parties that are not considered exempt under Freedom of Information legislation must be published on gov.je as soon as is practical after their receipt.

17. Capitalisation of assets 

All purchases of assets for more than £10,000 must be accounted for as capital and the purchased asset added to the Asset Register.

18. Sufficient budget to commit expenditure

Before any commitment is entered into to incur expenditure Accountable Officers must ensure they have sufficient assurance of expenditure approvals to be able to meet those commitments. This assurance can take one or more of the following forms:

  • flexibility to reprioritise within an existing approved head of expenditure. Accountable Officers must ensure that reprioritisation meets the regularity test i.e. that the new expenditure still falls within the purposes for which the States Assembly approved the expenditure and:
    • where funding has specifically been allocated in a Government Plan for a defined purpose (for example, through growth or an approved amendment), any change of use will require an MD from the Minister for Treasury and Resources. This applies only to the year in which that expenditure is separately identified in the Government Plan, and will not apply once funding becomes part of a department’s base budget in subsequent years
    • any other funding (i.e. “base” budget) can be reallocated within a head of expenditure provided that the new purpose is within the remit of the Minister/Accountable Officer/dept and subject to reporting requirements to Treasury and Exchequer for internal transfers as already set out in the PFM
  • signed decision of the Minister for Treasury and Resources or Treasurer of the States to allocate additional funding
  • letter of comfort from the Minister for Treasury and Resources confirming that additional funding will be allocated in that financial year should it appear that the approved head of expenditure will be exceeded

For the avoidance of doubt, it cannot be assumed that any commitments entered into without this assurance will be met by additional funding allocations by the Minister for Treasury and Resources or Treasurer of the States. In this event, the Public Finances (Jersey) Law 2019 will have been breached by the Accountable Officer for that head of expenditure, with any excess expenditure open to being identified as irregular and ultra vires by auditors.

Accountable Officers must not commit expenditure beyond the current financial year without the express agreement of the Treasurer of the States except as permitted by the Long term Contractual Agreements or Pre Orders paragraphs above.

19. Monitoring expenditure against budget

Each Accountable Officer must ensure that there are systems within their department to manage their resources within agreed budgets, take the limits into account when entering into commitments, and generally ensure that the department’s spending profile is sustainable. As a minimum, Accountable Officers must monitor expenditure in relation to budget on a monthly basis and prepare monthly reports that compare actual expenditure to estimated expenditure, including an analysis of major variances and including details of budget transfers within heads of expenditure.

20. Approved Business case

Requests for additional funding over and above heads of expenditure approved in the Government Plan of more than £100,000 must be supported by a business case approved by Treasury and Exchequer unless an alternative approval method is set out in the Procedures for allocations from the Reserve published by the Minister for Treasury and Resources or otherwise agreed by the Minister.

21. Recovery of departmental income

Accountable Officers must ensure that heads of expenditure approved by the States and/or supplemented by the Minister for Treasury and Resources are not exceeded and if estimated income levels are not achieved that there is a corresponding reduction in expenditure.  In exceptional circumstances and where all other funding options have been exhausted a submission may be made for funding from the Reserve head of expenditure as detailed in the Section on this.

Use of additional income over and above that approved in a Government Plan must be authorised by the Minister for Treasury and Resources (or delegate) in line with the Public Finances (Jersey) Law 2019.

22. Supplier diligence

The Group Director, Commercial Services must ensure that proportionate and risk-based diligence is carried out on approved suppliers, to include cyber security assurance where appropriate.

23. Controls over standing data

The Director – Finance Hub must ensure that adequate controls exist over changes to supplier standing data, to include bank account details for payments.

Arm’s Length Organisations

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and all States Funds created in accordance with the Public Finances Law. It provides advice and guidance on their interactions with Arm’s Length Organisations. This section does not apply where the financial relationship between the Government and/or States of Jersey and an external organisation is on a contractual basis. This section does not apply to Grants to organisations (see Grants and Sponsorship section).

The public service provides an increasing range of services both through the traditional ministerial department delivery model and indirectly through other organisations such as Arm’s Length Organisations. Arm’s Length Organisations are typically established by, and either substantially funded or economically dependent on, the States of Jersey. Some Arm’s Length Organisations are given statutory powers to levy charges for services to cover part or all of their expenditure.

The overriding consideration in any Arm’s Length Organisation arrangement is the achievement of the States' Strategic Priorities in the most effective, efficient and economic manner, ensuring the imposition of robust controls over governance including probity and regularity in the use of public funds.

For the purposes of this section, the definition of an ‘Arm’s Length Organisation’ is an organisation substantially funded by, or economically dependent on, the States and/or Government of Jersey which fulfils a role or function the States and/or Government of Jersey would otherwise perform and is bound by a written agreement that governs the relationship.

For guidance purposes the following organisations fall into the definition of an Arm’s Length Organisation for the purposes of the Public Finances Manual. The list may be amended from time to time by the Treasurer of the States (or delegate).

  • Digital Jersey
  • Visit Jersey Limited
  • Jersey Sport
  • Jersey Arts Trust
  • Jersey Arts Centre Association
  • Jersey Opera House
  • Jersey Heritage Trust
  • Employ Jersey
  • Jersey Finance Limited
  • Jersey Business Limited
  • Jersey Advisory and Conciliation Service
  • Jersey Consumer Council
  • Jersey Citizens Advice Bureau

The definition does not extend to organisations which receive funding from the Government or States of Jersey of less than £75,000 per year.

The definition also excludes the following Specified Organisations listed in schedule 2 of the Public Finances Law:

  • Andium Homes Limited and its subsidiaries (if any)
  • Jersey Overseas Aid Commission
  • Jersey Post International Limited and its subsidiaries (if any)
  • JT Group Limited and its subsidiary companies (if any)
  • Ports of Jersey Ltd.
  • States of Jersey Development Company Limited and its subsidiary companies (if any)

Whilst these organisations are required to comply with the principles set out in this section, they are guided by specific arrangements. This includes the ability for the Principal Accountable Officer to appoint and determine the functions of the Accountable Officer for these organisations, and to ensure the propriety and regularity of their finances.

These Specified Organisations also have Memoranda of Understanding (and associated documents) in place, setting out their relationship with the States of Jersey. They should give consideration to whether, where relevant, their own policies and procedures should conform to the requirements of this Manual.

Accountable Officers of sponsor departments (i.e. the Government or Non Ministerial department which has the relationship with the Arm’s Length Organisation, and accounts for expenditure on that Arm’s Length Organisation within its head of expenditure) can elect to treat a grant receiving body as an Arm’s Length Organisation and apply the more strict requirements of this section (as compared to the Grants section) even if the body does not meet the full definition of an Arm’s Length Organisation as specified above.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • expenditure
  • funds
  • grants

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • Arm’s Length Organisation's service priorities are not fully aligned with corporate and States Bodies’ priorities
  • Arm’s Length Organisations do not represent the most effective mode of service delivery, in terms of value for money against alternative service provision options
  • the business case for an Arm’s Length Organisation is based on inadequate or inaccurate assumptions and not properly evaluated
  • service and performance targets are not adequately defined
  • construction of the Service Level and Funding Agreement is not comprehensive, does not deal with non performance, and does not include the required information requirements and governance issues
  • there is inconsistent application of controls and performance management of Arm’s Length Organisations across the States or Government of Jersey, with inconsistent frequency in performance assessment and absence of commonality in information requirements and documentation
  • oversight from States Bodies of the Arm’s Length Organisation is sub optimal and that inadequate challenges are being applied in the tracking of operational and financial performance management
  • there is a lack of agility in States Bodies’ responses to sub standard Arm’s Length Organisation performance
  • there is inadequate rigour within governance controls covering the management of the relationship between the States or Government of Jersey and Arm’s Length Organisations
  • service delivery risks are not properly managed
  • there is conflict of interest between those representatives of the States or Government of Jersey involved in decision making and Arm’s Length Organisation performance management
  • there is inadequate corporate oversight of Arm’s Length Organisation strategy and performance management
  • Arm’s Length Organisations do not have sufficient understanding of the States’ insurance programme and their own insurance requirements, resulting in their being under insured or incurring excessive and or unnecessary premiums

Principles

1. All Arm’s Length Organisation activity should contribute towards the strategic priorities of the States of Jersey and optimise independence, flexibility, skills and funding capability associated with Arm’s Length Organisation based provision.

2. Service delivery should be aligned to the priorities of the States of Jersey and the sponsor department.

3. The merits of establishing a relationship with an Arm’s Length Organisation should be well defined and based on robust assumptions.

4. Sponsor departments should exercise a risk based approach to assurance, governance and the oversight of operational and financial performance. 

5. There should be a consistent approach to the utilisation of Arm’s Length Organisations across the States of Jersey and a continuous challenge required on both the Arm’s Length Organisation performance and the utilisation of Arm’s Length Organisations as representing the most optimal mode of service delivery against viable alternative options.

Requirements

1. Accountable Officers

There must be an Accountable Officer responsible for each Arm’s Length Organisation (normally the Accountable Officer for the department funding the Arm’s Length Organisation, the Principal Accountable Officer will have ultimate responsibility for appointing an Accountable Officer) who will ensure accountability for the use of resources and that the States' Strategic Priorities in relation to the Arm’s Length Organisation are achieved. The responsibilities and interaction with the Accountable Officer of the sponsoring States Body, and other guidelines on Accountable Officers for Arm’s Length Organisations are covered in the Accountable Officers section.

2. Creation of an Arm’s Length Organisation

The Accountable Officer for the States Body must prepare a business case for consideration by the States Assembly for any new Arm’s Length Organisation. Any assumptions contained within the business case must be robust and provide evidence that creation of an Arm’s Length Organisation provides the most advantageous position over other existing methods of service provision in terms of value for money.

3. Checks and reporting

The Accountable Officer must have documented arrangements in place that include:

  • a six monthly assessment of operational and financial performance. This should focus on the aims and priorities of the Arm’s Length Organisation and how these are being met, whether the standards set by the States of Jersey have been met, other key performance measures and targets and (where applicable) disclosure of future Arm’s Length Organisation planning initiatives and how they are likely to impact upon the achievement of the States of Jersey’s corporate and States Bodies’ priorities. The Accountable Officer’s review should also consider issues of efficiency, including the potential for efficiency savings, and make relevant recommendations. They should examine whether the Arm’s Length Organisation could provide better value for money, including where appropriate, the organisation’s contribution to economic growth. A pragmatic and risk based approach should be adopted in meeting this requirement, with consideration given to the size of the Arm’s Length Organisation and the nature of its activities
  • an annual assessment, that each relevant Arm’s Length Organisation under the States Body’s oversight remains the optimal route to service delivery given current and or expected performance against alternative modes

When assessing whether an Arm’s Length Organisation remains the optimal route to service delivery, an Accountable Officer should give specific consideration to the following:

  • does the Arm’s Length Organisation perform a technical function, which requires external expertise to deliver?
  • does the Arm’s Length Organisation perform a function which needs to be, and be seen to be, delivered with absolute political impartiality?
  • does the Arm’s Length Organisation perform a function that needs to be delivered independently of ministers to establish facts and or figures with integrity?

The six monthly and annual assessments must be carried out in sufficient time to enable the relevant Accountable Officer approving the grant to be provided with the results of the assessments. Where the Accountable Officer has concerns these should be brought to the attention of the relevant Minister or Treasurer (for the Non Ministerial Departments) and discussed prior to the Accountable Officer deciding whether the next grant payment should be approved.

4. Documentation

The Accountable Officer must ensure that there is a written agreement governing the relationship with each Arm’s Length Organisation for which they are accountable, which contains robust controls and specific service measures to enable rigorous and effective performance management. Agreements must be considered at least annually and either revised or confirmed.

5. Further considerations

In normal instances and depending on the size and risk associated with the Arm’s Length Organisation, the Accountable Officer must consider:

  • ensuring that, wherever possible, officers involved in developing policy with an Arm’s Length Organisation are different from those tasked with monitoring the relationship with the Arm’s Length Organisation
  • ensuring that suitable sanctions can be put in place for non or sub standard performance including the withdrawal of funding and that suitable alternative service provision options are available to be activated if required
  • ensuring the effective management of risks associated with Arm’s Length Organisation service delivery and relationship management
  • ensuring that States Member or Government officer membership of the Arm’s Length Organisation Board (if applicable) is defined in line with relevant Government of Jersey policies
  • ensuring that no Accountable Officer shall be a member of any Arm’s Length Organisation Board (if applicable) or decision making forum within an Arm’s Length Organisation
  • certifying that effective arrangements are in place for compliance with the requirements of this section on an annual basis

6. Corporate oversight

Accountable Officers must ensure that an appropriate and proportionate ALO Governance Checklist (see Supporting Documents – one for bodies receiving £1 million or over of States or Government funding annually, and one where that funding is under £1 million) is completed for each Arm’s Length Organisation at intervals no greater than every 12 months. Accountable Officers must provide any information requested by an officer or group exercising corporate oversight when requested, and in the form requested.

Major, strategic and other projects

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and provides guidance and requirements to be followed for projects, including Major projects, as designated in the Government Plan and strategic projects as defined by the Corporate Portfolio Management Office.

A Major project is defined in the Public Finances (Jersey) Law 2019 as:

  • a major capital project the duration of which, from start to finish, is planned to be of more than one year with a total estimated cost of more than £5 million; or
  • a project that has been designated as a major project in an approved government plan.

The total funding for a Major Project must be approved as part of the Government Plan process before a Major Project can be commenced. Annual cash allocations to reflect the agreed spending profile for the Major Project then need to be agreed as part of the relevant Government Plan. The funding strategy for a Major Project should also include an assessment of the impact on both revenue and capital funding costs. Whole-life cycle cost assessment techniques should be used. The impact on Jersey Performance Framework outcome measures should be considered.

A Strategic project is defined as a project which satisfies two or more of the following criteria:

  • is of significant strategic value, in that it will deliver transformative outcomes for, or mitigate significant risks to the States of Jersey and/or the Island’s economy or community
  • has a total estimated cost of more than £2 million 
  • is highly complex to deliver due to operational, technical, stakeholder or other delivery complexities
  • carries risks of a community or corporate risk level (as defined by Enterprise Risk Management).
  • Where projects are grouped together under one head of expenditure departments are expected to follow the required process for each project.

This Section does not apply to the purchase of new/replacement equipment which must follow normal procurement processes.

It is also expected that States Bodies follow the principles and requirements of this section for those projects included in Departmental Business Plans. For the purpose of this section of the Manual, the word ‘Project’ covers both projects and programmes.

Major and strategic projects represent those projects with the most significant expenditure, strategic alignment, risk and complexity. Other projects, which are not major or strategic are defined as either key, local or mini. These projects tend to be less complex and risky in nature and follow a reduced requirement for governance and control as set out in the Project Delivery Framework (within the Manual’s Supporting document - Corporate Portfolio Management Office - Frameworks for Major, Strategic and other projects).

The purpose of this Section is to provide States Bodies with guiding principles and requirements for the control of all projects. These principles and requirements are not exhaustive but indicate some of the most pertinent points relating to project delivery and signpost to required standards and frameworks which are applicable to all projects.

Any departure from the requirements set out in this section will require the approval of the Treasurer of the States. Deviations from the appropriate Project Delivery Framework (within the Manual’s Supporting document - Corporate Portfolio Management Office - Frameworks for Major, Strategic and other projects) will require an exemption, and the approval of the Head of Corporate Portfolio Management Office and the Chief Operating Officer. (Where the Chief Operating Officer is the Accountable Officer for a project any deviations will need to be approved by the Treasurer of the States and vice versa).

It is recommended that where a project is funded from a States grant to an Arm’s Length Body full consideration is given to including appropriate references to this Section of the Manual in the relevant grant agreements.

All projects must be accounted for in accordance with the Jersey Financial Reporting Manual, and the capital cost elements of such projects must follow the requirements of the Capital Accounting Manual.

Users of this section should refer to other sections of the Public Finances Manual that are relevant including:

  • financing
  • Government Plan and budgeting
  • expenditure and procurement
  • funds
  • internal audit
  • losses and write offs
  • acceptance of gifts and hospitality

Additional guidance can be found within the following documents:

  • Procurement Best Practice Procedures Toolkit (within Supporting documents)
  • Retention of Financial documents
  • Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include:

  • the cost of projects is not controlled
  • projects are not delivered on time and/or to the required level of quality
  • projects are not appropriately selected, authorised and/or managed
  • the States’ reputation may be compromised as a result of poor procurement practice and weak governance arrangements
  • the States do not demonstrate sufficient adherence to International Agreements related to Procurement and expenditure that the States or Government of Jersey is party to or compliance with our anti-corruption practices
  • the States do not adhere to the use of ethical supply chain principles
  • the competition process and subsequent contract award is not open, fair or transparent or could be at risk of legal challenge
  • States or Government of Jersey employees are not protected from unwarranted criticism from not following due process, best practice guidance or adherence to principles
  • contract terms and conditions do not provide adequate protection to the States or Government of Jersey
  • expenditure is not properly authorised
  • purchases are made which do not represent good value for money or leverage the States or Government of Jersey’s purchasing power

Principles

1. Outcome based projects: All projects should be outcome based and be supported by a business case, in line with Treasury and Exchequer guidance. This should set out tangible deliverables and measurable benefits with a well-considered plan for the realisation of these benefits (to include the impact on Jersey Performance Framework outcome measures) which considers both funding and other resources required to deliver.

2. Effective project selection: The selection process for projects should consider the viability of successful delivery and constraints on such delivery including both internal and external factors.

3. Clearly defined accountability: Responsibilities and accountabilities for projects should be appropriately and transparently authorised and recorded with the appropriate segregation of responsibilities. Where both a Sponsoring and Supplying States Body are involved, the relevant responsibilities should be clearly defined and agreed at the outset. It should be clear from the outset who has responsibility for signing contracts including, where appropriate, delegations from the appropriate Minister to cover contract signing.

4. Realistic and thorough planning: Time should be invested up-front to develop realistic and suitably thorough plans taking into consideration the need for contingency planning and an awareness of optimism bias in delivery. This should align to levels of planning required at each stage in the business case process.

5. Project resource and skills planning: Projects should plan ahead for the diversity of people, skills and experience needed to deliver and build a strong, properly resourced and competent team, evolving as necessary through the project lifecycle.

6. Regular project reporting: There should be regular project reporting on performance and Senior Responsible Officers should challenge assumptions made, and the accuracy of data presented to ascertain whether the project still represents value for money against the approved business case.

7. Project risk management: The risk and complexity of a project should be reduced where possible, and where this is not possible, plans should be developed which are realistic and responsive to unexpected events. Any variations to budgets should be appropriately and transparently authorised and recorded.

8. Project dependency management: Internal and external dependencies should be identified, assessed, and managed throughout the lifecycle of a project.

9. Subject matter expertise: Projects should co-ordinate with relevant internal functions to ensure subject matter expertise is sought both in the planning stages and throughout delivery of the project. The Project Governance Framework (within the Manual’s Supporting document Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects) and supporting guidance provides an overview of such functions and indicative criteria for their level of engagement.

10. Project commercial management: Those responsible for delivering projects should build a clear understanding of user needs, the business case and delivery models, consider the whole supply chain (in terms of market appetite, capacity and capability). This should include a comparison of all available commercial and contractual models to deliver the project, considering the optimal value-for-money solution and the management of all risks.

11. Stakeholder Engagement and Communication: Appropriate stakeholder engagement, consultation and communication should take place throughout the development of a project to ensure that it meets the end users’ needs.

12. Lessons learned: Lessons learned from other similar projects should be sought at the outset of a project and used to inform the planning and delivery of the project.

13. Consultation: If a project has a sponsoring (client) and supplying (delivery) department it is important that the client department is consulted by the delivery department on a regularised basis.

Requirements

​1. Appointment of a lead minister

To ensure that projects are delivered as efficiently and economically as possible, a lead minister must be assigned for each project which falls within the remit of this section of the Public Finances Manual and before the project enters the first stage gate of the Corporate Portfolio Management Office’s processes.

The Chief Minister will be responsible for updating the States Assembly on projects led by a non-Ministerial States Body, where there is no other political lead.

2. Accountability for project delivery

Accountability for project delivery under this Section is assigned to an Accountable Officer by the Principal Accountable Officer, other than within non-Ministerial States bodies, where the Chief Officer of the body in control of the project budget holds accountability for project delivery.

An Accountable Officer is responsible for assigning a Senior Responsible Officer(s) to oversee the successful delivery of a project and its associated outcomes. A Senior Responsible Officer must be assigned to every funded project. The Accountable Officer may decide to act as the Senior Responsible Officer, and if so, this must be confirmed and documented before commencement of the project.

3. Compliance with Delivery Frameworks

All projects must comply with the Project Delivery Framework, Programme Delivery Framework or Capital Delivery Framework (as appropriate) (within the Manual’s Supporting document Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects) except where an exemption has been approved in accordance with these frameworks.

These are stage gated frameworks which include mandatory documentation which must be completed to ensure there are good controls in place and to provide assurance of delivery. The Corporate Portfolio Management Office must sign off projects before they are able to proceed to the next stage.

The Accountable Officer must ensure that the required documentation is signed off by the appropriate officer (which in most cases will be the Senior Responsible Officer) before the project proceeds to the next stage.

Projects which entered the process prior to May 2021 are not required to gain retrospective approval to documentation.​

Where a project involves a number of smaller projects which would not in themselves meet the definition of a Major/Strategic project (i.e., Infrastructure Rolling Vote) these will not be expected to fully comply with the Project Delivery Framework.

4. Project governance

An Accountable Officer must put in place, and document, appropriate project governance structures and the Project Governance Framework (within the Manual’s Supporting document – Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects) should be used to guide the definition of such structures. Where a Supplying States Body is required to deliver all or part of a project’s deliverables, this body must be formally engaged and consulted as early in the project lifecycle as possible.

5. Project expenditure

All project expenditure must be appropriately authorised, recorded and coded. The use of any contingency amounts, which are included in the main budget for a project, must be approved in line with the Scheme of Delegation and must be expenditure related to the approved project (as approved in the business case).

Any proposed expenditure of contingency for non-approved scope must be met from within the overall budget set for the Project. (Additional processes have been set for the Our Hospital Project: Risk Allocation).

If at any time it appears that the total approved budget, or the annual approved cash allocation for a specific year, for a project may be exceeded, the relevant Accountable Officer, Project Board and lead Minister must be informed at the earliest opportunity and discussion of remedial action must be recorded.

6. Project performance and reporting

Project performance must be reported upon monthly (at a minimum) via the States of Jersey approved project reporting tool.

Where a Major project is made up of a number of smaller initiatives which would not in themselves meet the definition of a project, reporting need only be at the Major project level.

7. Project resourcing

Accountable Officers must ensure that all projects which fall under this Section are appropriately resourced to enable their successful delivery and compliance with the requirements as set out in this section.

Accountable Officer must also ensure that resource requirements, financial and non-financial, for completed projects are identified. These requirements must be reflected in future Government Plans as appropriate.

8. Transparent execution

Projects must be progressed in a transparent manner with regular reports to the States Assembly on progress through inclusion of the appropriate narrative in the Six-Monthly Review and the Annual Report and Accounts (as applicable).

9. Project management

All projects which fall under this Section must include adequate funding to cover all costs associated with the management of the project. Where purchasing is required, the selection of suppliers must follow the requirements of the Expenditure and Procurement section of the Manual. Accountability for the management of suppliers and associated contracts must be agreed and funded for the life of the project.

An Accountable Offer is required to ensure that there is robust system of contract management if any third party is engaged. This will include ensuring that appropriate security is taken (for example in the form of a performance bond or bank guarantee) to protect the States in the event of contractor non-performance.

If there is to be any change in the responsibility for the completed project this must be agreed before project completion.

10. Subject Matter Expertise

An Accountable Officer must consider the need for subject matter expertise (both internal and external) and input from support functions when defining their project governance structure and define a clear plan for the engagement of such expertise at the planning stages of the project. This plan should be periodically reviewed and revised throughout the life of the project. Before engaging external expertise, Accountable Officers must identify and verify the availability of the information necessary to support the work of such external parties and the nature, extent and timing of the engagement.

11. Stakeholder Engagement and Communication

Project plans must establish and implement defined plans for stakeholder communication, consultation and engagement.

12. Internal audit

All project information and documentation requested by the Internal Auditor must be provided in a timely manner with project documentation maintained for inspection and retained in line with document retention periods. Every Major and Strategic Project will be subject to an internal audit during the life of the project and other projects may be assessed as required. Further information on the role of the Internal Auditor can be found in the section on Internal Audit.

13. Project abandonment

A decision to abandon a project must only be made by the Council of Ministers and full documentation must be prepared to support such a course of action.

Where the decision is taken to abandon a Project, the Project Manager must conduct a review of the Project within 3 months of the date of abandonment and this report must be approved by the Project Board and presented to the Sponsoring States Body, copied to the Treasurer of the States (for all departments) and Principal Accountable Officer (for Government departments).

Where a project is abandoned, the costs incurred to date must be properly accounted for. The relevant Accountable Officer must refer to the losses and write off and special payments sections of the Manual.

14. Insurance

Accountable Officers must ensure that insurance requirements are considered and consulted upon with the insurance team prior to the progression of any project where insurance cover is required. Given the complex nature of Major and Strategic projects, it is recommended that this is undertaken prior to the completion of Stage gate 1 (as per the Project Delivery Framework : within the Manual’s Supporting document – Corporate Portfolio Management Office – Frameworks for Major, Strategic and other projects). Accountable Officers must also ensure that any proposed contractor carries sufficient professional indemnity insurance and public liability cover. Insurance cover and indemnity levels must be agreed as part of the tender process and award of contract. Contractors must be appointed in accordance with the States of Jersey’s Procurement Best Practice Procedures Toolkit (within Supporting documents).

15. Risk Identification and management

An Accountable Officer must ensure that potential risks are identified and correctly recorded in line with the States of Jersey Risk Management Strategy.

The Corporate Portfolio Management Office must review all project documentation and ensure that project risks are regularly communicated to the relevant Senior and Executive Leadership Teams.

16. Conflict of interest

An Accountable Officer must ensure that there are processes in place to identify and document any actual or potential conflict of interest, any such conflict should be mitigated through steps such as declaration or register, requesting a temporary substitute and resignation, where necessary, depending on the type of conflict identified.

In order to address any perceived conflict of interest where a donation (monetary or otherwise) is given or offered to any employee as a gift the procedures in the Acceptance of gifts and hospitality section of the Manual must be followed.

Ministers and Assistant Ministers are bound by the Code of Practice and Practice for Ministers and Assistant Ministers.

17. Scheme of delegation

Accountable Officers must maintain a Scheme of Delegation which includes requirements in relation to projects.

18. States of Jersey Standing Order 168

An Accountable Officer must ensure that the terms of States Standing Order 168 - Land transactions are, where appropriate, met.

19. Project completion

On completion of a project, an assessment must be made against the defined success criteria set out during the project’s planning stage; and lessons learned must be communicated both within the States Body and to the Corporate Portfolio Management Office for further communication to the Government of Jersey and the States as a whole.

20. Benefit realisation

There must be a plan for each project which sets out the benefits of the project, collates, tracks and monitors relevant data to help provide proof that benefit is being realised and which specifies who will own these benefits prior to the closure of the project (as set out in the Corporate Portfolio Management Office framework). The benefits must be aligned to the performance indicators of the Jersey Performance Framework and priorities of the Common Strategic Policy.

21. Accountability

For projects led by Government departments the Principal Accountable Officer is responsible for the appointment of an Accountable Officer – the appointment will last for the whole lifetime of the project (unless the Principal Accountable Officer decides otherwise). If the Principal Accountable Officer fails to appoint an Accountable Officer the Principal Accountable O​fficer remains accountable. For projects led by non-Ministerial departments the Accountable Officer appointment will be made by the Minister for Treasury and Resources.

The Accountable Officer is responsible for ensuring that there is sufficient budget available for a project. Any officer responsible for spending funds on a project must liaise with the Accountable Officer to ensure sufficient funding is available.

22. Expenditure and Procurement

Accountable Officers must ensure that the Expenditure and Procurement section of the Public Finances Manual is complied with for all projects. Sufficient time and resource must be allocated to engage Commercial Services early in the project delivery phase, including the formulation of any strategic business case, and all commercial and contractual models are considered in the planning for the delivery and subsequent management of the completed project.

Role of the Senior Responsible Officer

Introduction and background

Strong leadership with clear accountability is a key element of successful project delivery. This section makes it mandatory for an Accountable Officer to ensure that there is a Major or Strategic project: Senior Responsible Officer for a programme or project that has been approved, and funded as a Major project, or any project which is classed as a Strategic Project. The relevant Accountable Officer takes on this role by default where no alternate formal appointment is made. This situation must be documented. 

The Accountable Officer may decide to appoint both a Sponsoring Senior Responsible Officer and a Supplying Senior Responsible Officer where the project involves both a Sponsoring and Supplying States Body. In some instances, an officer may be appointed to take on both the role of Sponsoring and Supplying Senior Responsible Officer.

This section also applies to any project estimated to cost more than £5 million or is classed as a Strategic project funded from any States Fund.

There should be a Senior Responsible Officer for other projects with clearly documented responsibilities especially in those instances where the States approve major policy initiatives which span more than one financial year. In these cases, the appointment process and responsibilities should follow the principles and requirements of this section and Corporate Portfolio Management Office procedures as appropriate.

For the purposes of this section of the manual, the word Project covers both projects and programmes.

In the States and Government of Jersey project delivery there are three critical leadership roles:

  • ​​​​The Accountable Officer is accountable to the Principal Accountable Officer, excluding those Accountable Officers for the non- Ministerial departments and States of Jersey Police, the States Assembly, through the Public Accounts Committee, and for ensuring high standards of probity in the management of public funds
  • The Sponsoring Senior Responsible Officer is directly responsible to the relevant Accountable Officer, who may be the Principal Accountable Officer, for ensuring a programme or project meets its objectives, delivers the projected outcomes and realises the required benefits. The Supplying Senior Responsible Officer is responsible for the successful delivery of key aspects of the project for which the Supplying States Body take responsibility for delivering
  • ​The Project Director or Project Manager is responsible to a Senior Responsible Officer for the day-to-day management of the project. This role maybe either the Sponsoring; or the Supplying Senior Responsible Officer where one is appointed.​

In all cases the Accountable Officer is answerable to the Public Accounts Committee for Major or Strategic projects. The Sponsoring Senior Responsible Officer has responsibility for:

  • defining and communicating the vision and business objectives in line with policy
  • ensuring a real business need is being addressed 
  • formation of a Project Board, where one does not exist, and the definition of roles and responsibilities for the project
  • identification and management of the project’s issues and risks
  • delegated budget and benefit accountability for any project to which they are the assigned.  The Sponsoring Senior Responsible Officer ensures the total project budget, including any allocations to Supplying States Bodies, is managed in accordance with the Public Finances (Jersey) Law 2019 and takes accountability for the realisation of project benefits as set out in the business case.
  • complying with the Public Finances Manual and the Corporate Portfolio Management Office Project Delivery Framework (available in supporting documents) 
  • managing contracts and relationships with external suppliers
  • assuring ongoing viability and, if necessary, taking the decision to stop the project
  • engaging key stakeholders 
  • providing the project team with leadership, decisions and direction
  • ensuring the delivered solution meets the needs of the business and the project as agreed
  • assigning a suitably qualified and/or experienced Project Manager to manage the day-to-day delivery of the project
  • agreeing appropriate governance structures and reporting protocols with the Accountable Officer, Corporate Portfolio Management Office and, if necessary, the Principal Accountable Officer
  • providing regular steer, support, and guidance to the Project Board and support to the Accountable Officer in ensuring that Senior stakeholders are kept abreast of project progress

For those projects where a Supplying Senior Responsible Officer is appointed, they have responsibility for:

  • reviewing all project documentation and completed pre-requisites and confirming acceptance of the deliverables requested from the Supplying States Body, against the budget set out
  • assigning a suitably qualified and/or experienced Project Manager to manage the day-to-day delivery of the Supplying States Body aspects of the project including regular progress reporting 
  • confirming any revisions to the Project Board structure and/or roles and responsibilities through the delivery stage
  • complying with the Public Finances Manual and the Corporate Portfolio Management Office Project Delivery Framework
  • managing contracts and relationships with external suppliers, as agreed with the Sponsoring Senior Responsible Officer 
  • providing regular steer, support and guidance to the Project team, Project Board and Sponsoring Senior Responsible Officer
  • acting as the lead liaison on behalf of the supplier(s)
  • verifying feasibility of product designs and development processes
  • verifying the quality of the products delivered by suppliers
  • delivering the required elements of the project as set out by the Sponsoring States Body
  • budget accountability for any specified budget allocation for the delivery of key aspects of the project, as agreed with the Accountable Officer /Sponsoring Senior Responsible Officer. The Supplying Senior Responsible Officer is responsible for working with the budget available. The Accountable Officer is responsible for ensuring that funding is available for the project. The Supplying Senior Responsible Officer is not responsible for the realisation of benefits associated with the project as set out in the business case
  • regularly reporting on progress to the Sponsoring States Body and escalating to the Sponsoring States Body Accountable Officer or Sponsoring Senior Responsible Officer any issues requiring decision making and/or Ministerial oversight or awareness
  • identifying and managing relevant project issues and risks 
  • complying with the Public Finances Manual and the Corporate Portfolio Management Office Project Delivery Framework (available in supporting documents)
  • agreeing appropriate governance structures and reporting protocols with the Accountable Officer/Sponsoring Senior Responsible Officer and Corporate Portfolio Management Office

If a Supplying Senior Responsible Officer is not appointed the above responsibilities would be part of the Sponsoring Senior Responsible Officer’s remit.

The Supplying Senior Responsible Officer role may be undertaken by the Accountable Officer of the Supplying States Body. In this case, the Accountable Officer for the Sponsoring States Body retains overall accountability for the project.

The appointment of a Sponsoring Senior Responsible Officer to a project makes that individual directly responsible to the Accountable Officer for an activity or decision which means they bear the overall responsibility for that project. This includes ‘yes’ or ‘no’ authority and veto power in the way that the project is managed, however, the Accountable Officer retains overall personal accountability and retains the right to make decisions on the Project. There may also be a Project Director or Project Manager who actually undertakes day to day management of the project: in other words, they manage the action and implementation. Responsibility for a project can be shared and the degree of responsibility will be managed by the accountable person.

The Senior Responsible Officer is usually responsible directly to the Accountable Officer but for some projects, this might be through others in the organisation’s management structure, for example another senior official or sponsoring group. In all cases, there should be no doubt as to the formal relationship and reporting required between the Senior Responsible Officer(s) and the Accountable Officer; this must be clearly defined in the project initiation documentation and kept up to date.

The Senior Responsible Officer’s (which may be the Sponsoring Senior Responsible Officer or Supplying Senior Responsible Officer where one is appointed) relationship with the project management organisation is through the Project Director or Project Manager. The Project Director or Project Manager can be appointed by the Accountable Officer, the Senior Responsible Officer or another senior official or sponsoring group. The Project Director or Project Manager can be a full-time role, responsible to the Senior Responsible Officer(s) for driving, on a day-to-day basis, the delivery of the project outcomes within agreed time, cost and quality constraints.

In addition to the common risks identified in the Background and Introduction section of this Manual a number of significant risks relating to this section include:

  • roles and responsibilities for Major or Strategic projects are not clearly identified
  • Accountable Officers and other relevant individuals may not be kept fully informed of the progress of a Major or Strategic projects
  • Major or Strategic projects may not be delivered on time and to the required quality and budget

Principles

1. The roles and responsibilities of Accountable Officers and where appropriate Sponsoring and Supplying Senior Responsible Officers for Major or ​Strategic projects should be clearly set out in writing 

2. Relevant information on projects should be provided to appropriate persons at the earliest possible opportunity.

3. Projects should be managed within the financial control and governance framework set out in this Manual to achieve the desired benefits.

4. The management of projects should be continuously improved through learning lessons from project delivery.

5. Any officer who is appointed as a Senior Responsible Officer should be someone who holds a leadership position within the organisation into which the project’s benefits and outcomes will be delivered.

6. It is expected that a Major or Strategic project Senior Responsible Officer(s) will attend meetings of the Public Accounts Committee with the relevant Accountable Officer.

7. Where a suitable Senior Responsible Officer cannot be found in the time available, an interim Senior Responsible Officer appointment may be necessary. This appointment should be formalised in the same way as that for a permanent appointment, recording that the appointment is interim and its expected term. Arrangements should then be put in place to appoint a permanent Senior Responsible Officer as soon as possible.


Requirements

1. Appointment of Sponsoring Senior Responsible Officer for Major/Strategic Projects

All Major and Strategic Projects where funding has been approved in a Government Plan (including those projects estimated to cost more than £5million or if classed as Strategic and funded from a States Fund) must have a Sponsoring Senior Responsible Officer appointed by the Accountable Officer who has primary accountability for the Project’s Delivery. Appointment must be by letter, in which it’s made clear as to who the Senior Responsible Officer is responsible to and what they are responsible for using as a basis the format included in Supporting Documents to the Public Finances Manual. The appointment must be at the earliest possible stage of the Project.

2. Appointment of Supplying Senior Responsible Officer for Major or Strategic Projects

Where it is deemed necessary for an Accountable Officer to appoint a Supplying Senior Responsible Officer for a Major/Strategic project all appointments must be by letter, in which it’s made clear as to who the Supplying Senior Responsible Officer is responsible to and what they are responsible for using as a basis the format included in Supporting Documents to the Public Finances Manual. The appointment must be at the earliest possible stage of the Project.

An Accountable Officer may be appointed as a Sponsoring Senior Responsible Officer. 

3. Senior Responsible Officer appointment letter

The appointment letter must set out:

  • the point at which the Senior Responsible Officer becomes responsible to the Accountable Officer for the project, whether they are a Sponsoring or Supplying Senior Responsible Officer and what they are responsible for
  • the tenure of the role, linked to key milestones on the project
  • the extent and limit of their accountability
  • the appointment letter should also set out the following, if not already documented as part the existing project governance:
  • the time they are expected to commit to the project
  • a clear statement of the status of the project, identifying material issues and constraints
  • the Senior Responsible Officer’s objectives and performance criteria, covering delivery of the project, projected outcomes and required benefits
  • decision powers, controls and delegated authority
  • key interfaces and relationships, particularly with the business owner of the delivered project
  • any expected development or other requirements of the Senior Responsible Officer

The appointment letter provides the opportunity for the Senior Responsible Officer to consider the basis on which the project has been, or is being established, and to raise any concerns with the Accountable Officer, before signing the letter to show they accept these as terms of their appointment.

Appointment letters must be reviewed at least annually, as part of objective setting, or after any significant changes to the business case, to ensure that these remain up to date. A new letter must also be issued if a new Senior Responsible Officer is appointed.

A sample letter is included in supporting documents to this manual. This should be used as the basis for Senior Responsible Officer appointment letters.​

4. Major or Strategic Projects section of the Public Finances Manual

The Senior Responsible Officer must ensure that the Major or Strategic Projects section of this manual is fully complied with, or that exemptions are obtained, or breaches recorded where necessary.​

5. Appointment of Project Director or Project Manager for Projects

All Major or Strategic projects identified and approved must have an appropriately qualified and/or suitably experienced Programme or Project Manager. 

6. Responsibilities of the Senior Responsible Officer

As a minimum, the Senior Responsible Officer’s responsibilities (as set out in the letter of appointment) must include:

  • clarification as to whether it is Sponsoring or Supplying Senior Responsible Officer
  • the responsibilities listed above and as set out in the Project Governance Framework

7. Information on progress of a project

A Senior Responsible Officer must keep the relevant Accountable Officer informed of progress and Minister(s), or governing boards as appropriate, must be informed of any developments that could undermine the business case for the project or budget at the earliest possible opportunity.

8. Procurement

A Senior Responsible Officer must ensure compliance with the section of the Public Finances Manual on Expenditure and Procurement, including obtaining exemptions or recording breaches where necessary. 

9. Business case

The Sponsoring Senior Responsible Officer must ensure that the project's business case is in line with the requirements set out in this Manual and with the standard documentation available from Treasury and Exchequer. This is likely to include a requirement to detail the options for delivery and that each option is evaluated to determine the implications on expenditure and use of resources. The business case and delivery options must be scrutinised as part of the appropriate project approvals process. The business case must outline the risks associated with the project and clearly identify the available mitigation.

10. Benefits

The Sponsoring Senior Responsible Officer must ensure that a rigorous approach is taken to benefits management; that benefits are identified; plans for the realisation of benefits are put in place and delivery of benefits is measured to demonstrate that the intended return on investment is being achieved.

11. Lessons le​arned

The Sponsoring Senior Responsible Officer must ensure that appropriate arrangements are put in place to capture lessons learned from the project's delivery.

Grants and sponsorships

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and all States Funds created in accordance with the Public Finances Law.

This section is applicable to discretionary financial benefits paid to third parties, whether in the form of Grants or Sponsorships (together referred to in this section as Grants), or subsidies. Discretionary financial benefits typically have the following characteristics:

  • a transfer to a recipient which may be in return for compliance with certain terms and conditions
  • a transfer which may not directly give approximately equal value in return to the States (that is, there is a non exchange transaction or subsidy so there may not be an exact pound for pound value)
  • a recipient may have been selected on merit against a set of scheme specific criteria

It includes concessions against income (such as property rentals), concessions against property value and all transfers of value, monetary or otherwise. All new grant or sponsorship schemes must be submitted to the Group Director, – Commercial Services for approval of the scheme itself, as well as the proposed diligence and measurement framework to be put in place. This section includes a number of requirements in relation to new schemes.

For the avoidance of doubt, the definition excludes Contracts for Services and Social or Community benefits. Additionally, gifts, staff benefits, and hospitality are not forms of discretionary financial benefits, and are, therefore, also excluded.

Although donations may be considered a discretionary financial benefit, they are not included in the scope of this section (see Special Payments). Most States Bodies will rarely give or receive a donation, as they impose no obligations on the recipient and offer little or no rights or benefits to the provider. The ability to give or receive a donation would normally require a strong rationale and a high level of approval within a department and should be documented in the relevant department’s Scheme of Delegation.

Users of this section should also refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • Expenditure
  • Arm’s length organisations
  • Special payments

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • the service for which the grant is given is not provided to the required standard
  • the grant does not achieve the desired outcome
  • the grant is incorrectly processed or recorded
  • the grant is not properly monitored and or authorised
  • the grant award costs more than if the States were to incur the direct expense
  • the grant proposal is inefficient or unduly expensive
  • the individual or organisation is awarded more than one payment
  • by provision of a grant the States or Government of Jersey enters into a de facto longer term commitment

Principles

1. All grants should contribute towards the strategic aims, priorities and desired outcomes of the States of Jersey.

2. Grants should not be issued to the recipients before the funds are required.

3. In designing grant schemes, consideration should be given to elements of good practice, such as consideration of alternative funding mechanisms, risk management, consultation, evaluation and monitoring.

4. All grants should be processed in accordance with the departmental assurance framework and Scheme of Delegation.

5. Accountable Officers should ensure that financial resources are used in the most efficient and effective manner.

6. Accountable Officers should periodically review grants awarded for their effectiveness and timeliness in achieving agreed outcomes. The frequency of review should be determined at the outset and by reference to the quantum of the grant and perceived level of risk of achieving the desired strategic aims and outcomes.

7. All matters relating to the provision and administration of grants should have due regard for the principle of transparency.

Requirements

1. General requirements for all grants

The accountable officer must:

  • ensure grants have been used for their intended purpose
  • ensure that funding agreements are in place for all grants. The format and complexity of the funding agreement should be proportionate to the value of the grant and the risk involved.
  • ensure that value for money outcomes are maximised and appropriate value for money measures for grants are included in funding agreements and subsequently used;
  • ensure that systematic quality checks are carried out for all larger grants (i.e. where the grant is related to activity carried out by, and evidenced by information received from, the grant receiving body, independent checks should be carried out on that information);
  • ensure that conflicts of interest, present or perceivable, are managed:
  • establish effective and efficient administrative controls;
  • ensure due diligence is undertaken regarding grant recipients proportionate to value of grant and risk;
  • ensure that clear and unambiguous clawback arrangements are included in grant agreements where appropriate; and
  • ensure that the Annual Accounts of those organisations which receive grant funding in excess of £75,000 from the States of Jersey are published as a report to the States Assembly.

2. New grant schemes

The Accountable Officer must ensure that all new grant and subsidy schemes are documented and submitted to the Group Director – Commercial Services for approval prior to introduction. Proposals must detail the proposed diligence and assurance framework to be put in place and should meet the following requirements:

  • contribute towards the strategic aims, priorities and desired outcomes of the States of Jersey
  • consider alternative options for funding the service need other than a grant scheme;
  • identify, assess and mitigate risks;
  • consider experiences learned from other grant schemes – Government or States of Jersey or otherwise;
  • be stress tested (i.e. against all potential scenarios including volume of take up);
  • be designed to minimise the potential for fraud;
  • include evaluation and review processes;
  • identify the target population for grants;
  • balance the uptake of grants against the cost of administration;
  • involve market sector expertise in their design where available;
  • consider any potential overlap with existing grant schemes operated by the States or any other body;
  • forecast and monitor scheme uptake;
  • consider the mechanism by which grant recipients should account for their performance;
  • consider the mechanism by which grant recipients should provide management information ;
  • consider mechanisms to ensure grants are only used for the purposes intended;
  • consider how to achieve a robust assessment of the capacity and capability of delivery partners; and
  • consider the design of appropriate sanctions and rewards

3. Existing grant schemes

The Accountable Officer must review existing grant schemes against the requirements for new schemes at least annually. Any requirements not met must be documented, and the Accountable Officer should consider whether to amend the scheme.

Discretionary Grants (i.e. grants which are not under a scheme)

The Accountable Officer must apply the following principles for discretionary grants and document that they have been considered:

  • grants should only be used when they secure a Government or States policy outcome;
  • discretionary grants should not be used without first considering alternative policy mechanisms or existing grant schemes;
  • grants do not lead to overreach into areas outside of Government or statutory responsibility, nor create an ongoing need for funding;
  • where small grants are used, they should be administered by the organisation that is able to do so most efficiently;
  • accountability requirements imposed on grant recipients should be proportionate to risk.

4. Sponsorship

The Accountable Officer must (where a department engages in sponsorship) apply the following principles of sponsorship management, document that they have been considered and develop departmental sponsorship procedures:

  • ensuring probity;
  • achieving efficiency and effectiveness;
  • maintaining accountability; and
  • implementing effective risk management.

Changes to heads of expenditure

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and relates to amendments to the headsm of expenditure approved by the States Assembly. It provides guidance on when and how heads of expenditure may be altered. It does not apply to the transfer of funds within a head of expenditure.

The States Assembly approves heads of expenditure as part of the Government Plan. These include heads of expenditure for the Major Projects Envelope (see Major Projects section) and the Reserve. There are a limited number of ways in which the Law permits these heads of expenditure to be varied. These include:

  • the Minister for Treasury and Resources may approve the transfer of an amount allocated from one head of expenditure to another, having consulted any Ministers affected. In the case of Non Ministerial States Bodies, the Minister for Treasury and Resources must have the approval of the relevant body before doing so (for transfers which affect the Comptroller and Auditor General this should be the chair of the Public Accounts Committee, for the States Greffe the chair of the States Privileges and Procedures Committee and in any other case the relevant accountable officer)
  • before a transfer under the above bullet point can be actioned the Minister must give the States at least 4 weeks’ notice of any intended transfer. If a proposition is lodged objecting to the transfer the Minister must wait the outcome of the debate on the proposition before actioning the transfer
  • transfer of underspends of revenue budgets to the Reserve head of expenditure
  • use of additional revenue income, subject to approval from the Minister for Treasury and Resources
  • use of income from the sale of assets (see Assets section)
  • transfers from the Reserve head of expenditure (see section on Reserve head of expenditure)

Users of this section should refer to other sections of the Public Finances Manual that are relevant, including:

  • Expenditure
  • Reserves
  • Major, strategic and other projects
  • Income

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • transfers may not be appropriately authorised or processed
  • States Bodies may be able to exceed their authorised revenue Head of Expenditure using departmental income where better value could be obtained by using it for another purpose
  • States Bodies may be able to exceed their authorised revenue Head of Expenditure by disposing of assets and spending the proceeds
  • approved revenue expenditure which is not required by States Bodies may not be returned to the Consolidated Fund

Principles

1. Heads of expenditure will be allocated to a department, strategic priority, Major Project, capital project or other area of expenditure.

2. Changes to head of expenditure should be rare and only occur where more economic, efficient and effective outcomes or better value can be achieved for the States of Jersey as a whole.

3. Budget transfers should be necessary and properly authorised. Income received by departments in excess of the amount budgeted can only be spent with appropriate authorisation.

4. Proceeds from the disposal of assets should only be spent with appropriate authorisation.

Requirements

​1. Heads of expenditure

The States of Jersey will approve in the Government Plan:

  • specific heads of expenditure (revenue and annual capital spend)
  • an allocation for a Reserve head of expenditure
  • an annual spend allocation for each Major Project

Each of these allocations is defined as a “head of expenditure”. The head of expenditure may be supplemented by transfers from other heads of expenditure, additional departmental income received and receipts from the disposal of assets. All of these are subject to the appropriate approval.

2. Departmental approval

Bodies wanting to transfer funds between heads of expenditure must consult their Minister and have the approval of their Accountable Officer, or another officer where a delegation exists before approaching the Minister for Treasury and Resources. Accountable Officers may make transfers within their individual Body's head of expenditure, or within elements of a major project head of expenditure, without the approval of the Minister for Treasury and Resources or the States Treasurer.

3. Treasury approval

For all transfers between heads of expenditure the approval of the Minister for Treasury and Resources must be obtained. All transfers must be presented to the States Assembly for at least 4 weeks by Treasury and Exchequer. After that time the decision can be implemented providing no States Member has lodged a proposition to the contrary.

Treasury staff must process all decisions as expediently as possible following the receipt of all relevant approvals documentation.

4. Documentation

Bodies must submit to Treasury and Exchequer documentation in the manner prescribed by that department.

5. Use of additional revenue income

The Minister for Treasury and Resources has agreed that Accountable Officers can use additional income in excess of that approved in a Government Plan to the extent that additional income is matched by additional expenditure incurred in the generation of that income (i.e. there must be a clear link between the expenditure and the income). Above that level, Accountable Officers may approve the use of additional income up to 10% of the estimated departmental income included in the Government Plan (up to a maximum of £100,000). The Accountable Officer of the relevant States Body must seek approval to spend additional funds in excess of these levels. Approval of the use of additional funds of a non contentious nature above this level must be obtained from the States Treasurer (under delegation from the Minister for Treasury and Resources). The States Treasurer has the discretion to escalate approval of transfers less than that amount to the Minister for Treasury and Resources if deemed appropriate. In all other instances, the approval of the Minister for Treasury and Resources must be obtained. Additional income must not be used to fund unforeseen recurring expenditure for which no future funding is secured.

6. Under and overspends of revenue budgets

Under and overspends within a head of expenditure must be netted off against one another to result in one net amount. Any under achievement of income must be taken into account in the calculation of the under or overspend of the head of expenditure.

If there is an underspend at the end of the financial year, this will be transferred to the Reserve. Over or underspends should be reported monthly with explanations for variances to the States Treasurer.

7. Use of the proceeds of asset disposals

Where net proceeds (i.e. proceeds less the costs of selling the assets) are up to £5,000, the Accountable Officer may approve the use of the net proceeds. Use of proceeds from the disposal of an asset of over £5,000 (net of disposal costs) where the request to use funds is not contentious can be authorised by the Treasurer of the States (see Assets section).​

8. Non Ministerial States Bodies

The Law defines a number of Non Ministerial States Bodies which as their title suggests do not directly report to a Minister. For these Bodies it is recognised that references to the term Minister in this section should be read as Accountable Officer.

9. Reporting

The Minister for Treasury and Resources must report to the States of Jersey in a semi annual update, as well as in the States of Jersey’s Annual Report and Accounts:

  • all transfers between heads of expenditure against approved expenditure
  • underspends transferred to the Reserve

Budget transfers within a head of expenditure

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and provides advice on how and when transfers of budgets within heads of expenditure agreed by the States Assembly in a Government Plan can be approved and need to be reported. It does not apply to Grouped heads of expenditure, Feasibility and Rolling votes, where separate sections of the Manual will apply.

The States Assembly approves heads of expenditure as part of the Government Plan. These include heads of expenditure for Major Projects, other capital projects and Reserves, as well as those that cover annual revenue expenditure, typically for a department. 

Planning, budgeting and reporting are inter-related elements and fundamental to an understanding of the States of Jersey’s performance management and accountability processes. All departments must prepare monthly budgeted projections for each area of expenditure and income for the financial year and report and maintain these on the States of Jersey’s financial reporting system. The total of these allocations cannot exceed the head of expenditure approved by the States Assembly (which may be varied by in-year adjustments approved by the Minister for Treasury and Resources). The head of expenditure allocation should be broken down over separate Service Areas (and set out in the Government Plan Annex) sufficient to identify and report on departmental activities or different elements of major projects or capital projects. Departmental monthly budgets should link to operational or project targets and support performance measurement.

As part of their work in reviewing the States’ Annual Report and Accounts, the States’ external auditors will consider the regularity of expenditure. One of the tests of regularity is whether funding has been spent for the purposes approved by the States Assembly. Hence this section of the Manual addresses the extent to which an Accountable Officer is able to reprioritise amounts within an approved head of expenditure.

Where priorities change or the level of service provision changes Accountable Officers (or their delegates, including appointed Senior Responsible Officers) may approve certain transfers within their Body’s head of expenditure, or within elements of a major project head of expenditure, without the approval of the Minister for Treasury and Resources or the Treasurer of the States.

Additional funding approved from Reserves by the Minister for Treasury and Resources is not available for transfer to purposes other than that approved by the Minister for Treasury and Resources, without the express written agreement of that Minister.

Accountable Officers must be mindful of the need to ensure that, where the States Assembly approved additional funding within a head of expenditure for “growth” purposes, the funding allocated is used for that purpose in the financial year for which the approval is given. The Minister for Treasury and Resources may approve the “repurposing” of growth expenditure for an alternative purpose on request from the Accountable Officer concerned.

Transfers between heads of expenditure, even if they are between those under the responsibility of the same Accountable Officer, must be approved by the Minister for Treasury and Resources.

Users of this section should refer to other sections of the Public Finances Manual that are relevant, including:

  • transfers between heads of expenditure
  • Government Plan and budgeting 
  • Heads of Finance Business Partnering

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include:

  • transfers may not be appropriately authorised or processed
  • approved expenditure which is not required by States Bodies may not be returned to the Consolidated Fund
  • departments may incur expenditure which is not a priority to the States
  • expenditure may not meet the test of regularity, set out and interpreted in the C&AG’s Code of Audit Practice (with authoritative guidance set out in PN10 issued by the UK Public Audit Forum), and applied by the States’ auditors

Principles 

1. Budget transfers within a head of expenditure should be actioned only as and when necessary and properly recorded and authorised in accordance with an approved Scheme of Delegation. 

2. Accountable Officers are responsible for ensuring the preparation of detailed annual expenditure and income proposals for their heads of expenditure.

3. Accountable Officers should promote the need for high quality and accurate budgetary forecasts.

4. Accountable Officers should ensure that systems are in place to monitor expenditure and provide regular updates both to Treasury and Exchequer and to their States Body in the format prescribed by Treasury and Exchequer

5. Accountable Officers should ensure that they have appropriate processes in place within their States Body to ensure the early identification of budget variances so that they can mitigate as appropriate to remain within budget.

6. Accountable Officers should ensure that Ministers are consulted on any changes within a head of expenditure that may affect delivery of Ministerial plans and priorities.

7. Budgets should not be overspent at a Director/Service level. Accountable Officers should explain why this has occurred to the Treasurer of the States on request.

Requirements

1. Schemes of delegation

Accountable Officers must ensure that their Schemes of Delegation cover the approval of budget transfers within their heads of expenditure. 

2. Monitoring expenditure against budget

Each Accountable Officer must ensure that there are systems within their department to manage their resources within agreed budgets, take the limits into account when entering into commitments, and generally ensure that the department’s spending profile is sustainable. As a minimum, Accountable Officers must monitor expenditure in relation to budget on a monthly basis and prepare monthly reports that compare actual expenditure to estimated expenditure, including an analysis of major variances and including details of budget transfers within heads of expenditure.

3. Budget holder responsibility

Budget holders must report any significant financial variances from planned expenditure to their Head of Finance Business Partnering, as soon as they are aware of them, and where feasible they must adopt an alternative course of action to remain within budget.   The Head of Finance Business Partnering must ensure that there are systems in place to ensure that budget transfers within a head of expenditure are approved and actioned when necessary and that advice and guidance is given to budget holders, especially where budgets are reduced.   

4. Reporting to Treasury and Exchequer

Where departmental priorities change, and regardless of the amount of funding concerned, information must be formally reported to the Treasurer of the States, as part of the in-year and end of year reporting requirements set out by Treasury and Exchequer.

5. Repurposing of growth

Where funding has specifically been allocated in a Government Plan for a defined purpose (for example, through growth or an approved amendment), any change of use will require a Ministerial Decision from the Minister for Treasury and Resources. This applies only to the year in which that expenditure is separately identified in the Government Plan, and will not apply once funding becomes part of a department’s base budget in subsequent years.

6. Additional funding approved from Reserves by the Minister for Treasury and Resources

Additional funding approved from Reserves by the Minister for Treasury and Resources must not be used for purposes other than that approved by the Minister for Treasury and Resources, without the express written agreement of that Minister.   

7. Ministerial priorities

Where a budget transfer within a head of expenditure may affect delivery of the relevant Minister’s priorities and Delivery Plan, the Accountable Officer must consult that Minister.

Grouped heads of expenditure

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and to all expenditure made by Accountable Officers of States Bodies, or on their behalf. The principles should be applied to all public expenditure by any person authorised by an Accountable Officer to undertake that expenditure.

A head of expenditure is defined in the Public Finances (Jersey) Law 2019 as a particular purpose or subject (including a major project), set out in a Government Plan, in respect of which an amount appropriated under the plan may be spent in a financial year.

Grouped heads of expenditure were introduced in the Government Plan 2022-2025. Grouped heads improve flexibility, allowing Accountable Officers to manage individual projects within a wider programme so that any individual delays or changes to project expenditure can be managed within the approved financial envelope. It is only possible to adopt this approach where the projects concerned support similar outcomes.

In future years where the exact timing and amount of funding required is uncertain, a single amount is included, with an indication of which projects may be funded from it. More detailed allocations would be made in future Government Plans. This approach gives clear visibility of future projects, without the inclusion of figures where the amount or timing of spend remains uncertain.

Major projects will not be included in a grouped head of expenditure once the total expenditure for the project has been agreed in a Government Plan. However, some projects planned for future years in a grouped head of expenditure may ultimately become major projects, if they meet the Public Finances Law definition. For example, a replacement school would almost certainly become a major project, but would remain in the New School and Educational Developments grouped head of expenditure until timing and costs are confirmed in an Outline Business Case. Using a grouped head of expenditure to fund a project cannot be used to circumvent the Public Finances Law controls.

Grouped heads of expenditure included in the Government Plan 2023-2026 were:

  • Feasibility
  • New School and Educational Developments
  • Upgrades to CYPES Estates
  • Other Estates Projects
  • Prison Improvement Works
  • Other Infrastructure
  • Other Government Wide IT Projects

Expenditure on the Feasibility grouped head of expenditure is included in a separate section within this Manual.

Users of the Public Finances Manual should refer to other sections that are relevant. Specifically these include:

  • Expenditure and procurement
  • Major, strategic and other projects
  • Role of the Senior Responsible Officer
  • Feasibility
  • Changes to head of expenditure 
  • Losses and write offs 
  • Government plan and budgeting

In addition to the common risks identified in the Background and Introduction section of the manual, risks relating to this section include:

  • expenditure from a grouped head of expenditure may be undertaken on different projects from those included as indicative in a government plan without States Members being aware

  • expenditure on indicative projects within a grouped head of expenditure may exceed the estimated amounts, resulting in increased total cost

Principles

1. Accountable Officers should approve all instances where expenditure from a grouped head of expenditure is likely to differ significantly from the indicative projects and amounts included in a Government Plan.

2. Relevant Ministers should be made aware where expenditure from a grouped head of expenditure is likely to differ significantly from the indicative projects and amounts included in a Government Plan.

3. Accountable Officers should ensure that stakeholders understand the position regarding the progress of projects within a grouped head of expenditure.

4. Funding projects from within a grouped head of expenditure should not be used to circumvent controls within the Public Finances Law over major projects.

5. The total expenditure in a financial year for a grouped head of expenditure should not exceed the amount approved in the relevant Government Plan.

Requirements

​1. Projects not beginning

Where it becomes apparent that a project included as indicative within a grouped head of expenditure in an approved Government Plan will not commence in the expected year, the relevant Accountable Officer and Minister(s) must be informed within one month. The Accountable Officer and Minister(s) must be informed which other projects (if any) may incur additional expenditure as a result. The Group Director, Strategic Finance, Treasury and Exchequer must also be informed.

2. Projects exceeding indicative amounts

Where the indicative cost of a project within a grouped head of expenditure in an approved Government Plan is likely to exceed the indicative amount by 25% (or £250,000 whichever is the lower) or more either:

  • within a financial year
  • across all financial years

approval of the relevant Accountable Officer and Minister(s) must be sought. The Accountable Officer and Minister(s) must be informed which other projects (if any) will incur reduced expenditure, be delayed or be cancelled as a result to ensure the amount approved for the grouped head of expenditure in the Government Plan is not exceeded. The Group Director, Strategic Finance, Treasury and Exchequer must also be informed.

3. Addition of new projects

Where it is proposed to commence a new project to be funded from within a grouped head of expenditure in an approved Government Plan, approval must be obtained in advance from the relevant Accountable Officer and Minister(s), and the Treasurer of the States. The new projects must support similar outcomes to the existing indicative projects within the grouped head of expenditure. The Accountable Officer, Minister(s) and Treasurer must be informed which other projects (if any) will incur reduced expenditure, be delayed or be cancelled as a result to ensure the amount approved for the grouped head of expenditure in the Government Plan is not exceeded. The Group Director, Strategic Finance, Treasury and Exchequer must also be informed.

4. Abandonment of projects – not started

Where it becomes apparent that a project included as indicative within a grouped head of expenditure in an approved Government Plan is to be abandoned (i.e. not commenced), approval must be obtained in advance from the Accountable Officer and Minister(s). The Accountable Officer and Minister(s) must be informed which other projects (if any) will incur additional expenditure as a result. The Group Director, Strategic Finance, Treasury and Exchequer must also be informed.

5. Abandonment of projects – in progress

Where it becomes apparent that a project included as indicative within a grouped head of expenditure in an approved Government Plan is to be abandoned after it has commenced, approval must be obtained in advance from the Accountable Officer and Minister(s). The Accountable Officer and Minister(s) must be informed which other projects (if any) will incur additional expenditure as a result. The Accountable Officer must then ensure expenditure concerned is accounted for in accordance with the Jersey Financial Reporting Manual, and that any other approvals for abandonment are sought in accordance with the Major, Strategic and Other Projects section of this Manual. The Group Director, Strategic Finance, Treasury and Exchequer must also be informed.

6. Consultation

The Accountable Officer for a grouped head of expenditure must ensure that consultation takes place with any affected Accountable Officer or Minister in advance of a decision being taken to accelerate, decelerate, add or abandon a project, and it is reasonably foreseeable that the other Accountable Officer or Minister may have views which should be taken into account.

7. Major projects

Funding projects from within a grouped head of expenditure must not be used to circumvent controls within the Public Finances Law over major projects. If at any time the total expenditure on a project from within a rolling vote, grouped head of expenditure or feasibility is forecast to meet or exceed the Public Finances Law definition for a major project, then the Group Director, Strategic Finance must be informed. That officer must take steps to ensure the project is then classified accordingly in a Government Plan and the Annual Report and Accounts.

Feasibility

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and to all expenditure made by Accountable Officers of States Bodies, or on their behalf. The principles should be applied to all public expenditure by any person authorised by an Accountable Officer to undertake that expenditure.

A head of expenditure is defined in the Public Finances (Jersey) Law 2019 as a particular purpose or subject (including a major project), set out in a Government Plan, in respect of which an amount appropriated under the plan may be spent in a financial year.

Grouped heads of expenditure were introduced in the Government Plan 2022-2025. Grouped heads improve flexibility, allowing Accountable Officers to manage individual projects within a wider programme so that any individual delays or changes to project expenditure can be managed within the approved financial envelope. It is only possible to adopt this approach where the projects concerned support similar outcomes.

A specific grouped head of expenditure, introduced in the Government Plan 2023-2026, is for Feasibility. Consistent with the project gateway approach, feasibility work is essential to ensure that funding allocated to projects in a Government Plan reflects the Government’s best estimate of likely resource requirements based on detailed policy and feasibility planning. An allocation for feasibility is included in the plan to provide funding to allow departments to undertake an assessment of proposals and develop robust and comprehensive Outline Business Cases prior to seeking full funding for projects.

The Accountable Officer for the Feasibility grouped head of expenditure is the Treasurer of the States until a department has received approval from the Treasurer to begin incurring expenditure. At that point the Treasurer, under delegation from the PAO, will notify the new Accountable Officer for the approved amount of their responsibilities. The funding will remain within the Feasibility grouped head of expenditure – only the Accountable Officer responsibility will change.

Previously, funding for feasibility was held in a Reserve Head of Expenditure known as the ‘Central Planning Reserve’. To simplify internal processes from 2023 this was replaced by a grouped head of expenditure within the Capital Programme. Expenditure on individual projects must not take place until a Strategic Outline Business case has been approved by the relevant Accountable Officer and the Treasurer of the States. 

The Feasibility grouped head of expenditure includes indicative projects but allows for flexibility within the approved amount. This allows funding to be reallocated where projects progress faster or slower than forecast. To improve flexibility and prevent delay, new emerging projects can receive feasibility funding in year – this would be subject to approval by the Treasurer of the States.

The Feasibility grouped head of expenditure is intended to provide funding for exploratory work that is necessary to develop a project Outline Business Case. This may include feasibility studies, design work, costing exercises and other work agreed by Treasury and Exchequer.

The Public Finances Law includes specific controls over major projects. Using a grouped head of expenditure to fund a project cannot be used to circumvent these controls.

Users of the Public Finances Manual should refer to other sections that are relevant. Specifically these include:

  • Expenditure and procurement
  • Major, strategic and other projects
  • Role of the Senior Responsible Officer
  • Grouped heads of expenditure
  • Changes to head of expenditure
  • Government plan and budgeting

In addition to the common risks identified in the Background and Introduction section of the manual, risks relating to this section include:

  • expenditure from the Feasibility grouped head of expenditure may be undertaken on different projects from those included as indicative in a government plan without proper approval
  • expenditure on indicative projects within the Feasibility grouped head of expenditure may exceed the estimated amounts, resulting in increased total cost
  • expenditure on indicative projects within the Feasibility grouped head of expenditure may begin without the appropriate approvals having been sought and obtained

Principles

​1. The Group Director, Strategic Finance, Treasury and Exchequer should be informed, by the relevant Accountable Officer or their delegate, of all instances where expenditure from the Feasibility grouped head of expenditure is likely to differ significantly from the indicative projects and amounts included in a Government Plan.

2. Relevant Ministers should be made aware where expenditure from the Feasibility grouped head of expenditure is likely to differ significantly from the indicative projects and amounts included in a Government Plan.

3. Accountable Officers should ensure that stakeholders understand the position regarding the progress of projects within the Feasibility grouped head of expenditure.

4. Funding projects from within the Feasibility grouped head of expenditure should not be used to circumvent controls within the Public Finances Law over major projects.

Requirements

​1. Approval to commence feasibility expenditure

Expenditure from the Feasibility grouped head of expenditure must not begin to take place until:

  • a Strategic Outline Business case (or equivalent agreed by the Treasurer) has been approved by the relevant Accountable Officer and submitted to the Treasury Investment Appraisal team; and
  • the Treasurer (or delegate) has advised the relevant Accountable Officer that the business case has been approved and that expenditure can commence

At that point the Treasurer, under delegation from the PAO, will notify the new Accountable Officer for the approved amount of their responsibilities.

Any expenditure incurred without approval must be met from within an approved revenue or capital head of expenditure which is the responsibility of the Accountable Officer incurring the expenditure. This may require a decision of the Minister for Treasury and Resources to transfer funding in accordance with the requirements of the Public Finances Law and this Manual.

2. Expenditure control

Once a project has been approved to incur feasibility expenditure, the Accountable Officer for the department incurring the expenditure must provide the Treasurer with monthly reports detailing, for each approved project:

​a. actual feasibility expenditure to date in the year

b. actual feasibility expenditure to date in total

c. forecast feasibility expenditure for the year

d. forecast feasibility expenditure in total

3. Projects not beginning

Where it becomes apparent that a project included as indicative within a Feasibility grouped head of expenditure in an approved Government Plan will not commence in the expected year, the Accountable Officer for the department which would have incurred the expenditure must inform the Accountable Officer for the Feasibility grouped head of expenditure (i.e. the Treasurer of the States) and the relevant Minister(s) within one month. The Group Director, Strategic Finance, Treasury and Exchequer must also be informed.

4. Projects exceeding indicative amounts – prior to allocation

Prior to approval for spending to commence, where the indicative cost of a project within the Feasibility grouped head of expenditure in an approved Government Plan is likely to exceed the indicative amount included in the Government Plan either:

  • within a financial year
  • across all financial years

the Accountable Officer for the department which would incur the expenditure must inform the Treasurer of the States, the Group Director, Strategic Finance, Treasury and Exchequer and the relevant Minister(s) within one month. The Accountable Officer must not begin incurring expenditure until informed by the Treasurer that they can proceed.

The Treasurer must then inform Accountable Officers for the departments which would incur expenditure and the relevant Minister(s) which other projects (if any) may incur reduced expenditure, be delayed or be cancelled as a result to ensure the amount approved for the Feasibility grouped head of expenditure in the Government Plan is not exceeded.

5. Projects exceeding allocated amounts

Once an allocation has been made by the Treasurer of the States from the Feasibility grouped head of expenditure to an Accountable Officer, that total cannot be exceeded. If it appears that allocated funding may be insufficient the Accountable Officer concerned must immediately seek a further allocation of funding from the Treasurer of the States (or a transfer of funding from another head of expenditure by the Minister for Treasury and Resources).

6. Addition of new projects

Where it is proposed to commence a new project to be funded from within the Feasibility grouped head of expenditure in an approved Government Plan, the Accountable Officer for the department proposing to incur the expenditure must seek the approval of the Accountable Officer for the Feasibility grouped head of expenditure (i.e. the Treasurer of the States) and relevant Minister(s). A business case must be submitted and approved.

The Accountable Officers and relevant Minister(s) for the departments which would incur expenditure must be informed by the Treasurer which other projects (if any) may incur reduced expenditure, be delayed or be cancelled as a result.

7. Abandonment of projects - not started

Where it becomes apparent that a project that has been approved to commence spending included within the Feasibility grouped head of expenditure in an approved Government Plan is to be abandoned (i.e. never commenced), approval must be obtained in advance from the Accountable Officer for the department which would have incurred the expenditure, the Treasurer of the States and relevant Minister(s). The Group Director, Strategic Finance, Treasury and Exchequer must also be informed.

8. Abandonment of projects - in progress

Where it becomes apparent that a project that has been approved to commence spending within the Feasibility grouped head of expenditure in an approved Government Plan is to be abandoned after it has commenced, approval to abandon must be obtained in advance from the Accountable Officer for the department incurring the expenditure, the Treasurer of the States and relevant Minister(s). The Accountable Officer, the Treasurer and Minister(s) must be informed which other projects (if any) could incur additional expenditure as a result. The Accountable Officer for the department incurring the expenditure must then ensure expenditure concerned is accounted for in accordance with the Jersey Financial Reporting Manual, and that any other approvals for abandonment are sought in accordance with the Major, Strategic and Other Projects section of this Manual. The Group Director, Strategic Finance, Treasury and Exchequer must also be informed.

9. Consultation

The Accountable Officer for the department incurring the expenditure must ensure that consultation takes place with any affected Accountable Officer or Minister in advance of a decision being taken to accelerate, decelerate, add or abandon a project within the Feasibility grouped head of expenditure, and it is reasonably foreseeable that the other Accountable Officer or Minister may have views which should be taken into account.

10. Major projects

Funding projects from within the Feasibility grouped head of expenditure must not be used to circumvent controls within the Public Finances Law over major projects. If at any time the total expenditure on a project from within a rolling vote, grouped head of expenditure or the Feasibility grouped head of expenditure is forecast to meet or exceed the Public Finances Law definition for a major project, then the Group Director, Strategic Finance must be informed. That officer must take steps to ensure the project is then classified accordingly in a Government Plan and the Annual Report and Accounts.

Rolling votes, replacement assets and minor capital

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and to all expenditure made by Accountable Officers of States Bodies, or on their behalf. The principles should be applied to all public expenditure by any person authorised by an Accountable Officer to undertake that expenditure. 

Projects within the Government Plan covered by this section of the Manual are:

  • Infrastructure rolling vote
  • Replacement assets
  • Minor capital

For the purpose of this section of the Manual, all of the above are included within the term “rolling vote”.

A rolling vote is a head of expenditure which provides ongoing annual funding that will be used for a programme, comprising a range of projects, and it can be repeated (in rolls) over successive Government Plans.

The Infrastructure Rolling Vote is a programme of continual improvements to maintain key infrastructure such as roads, drains and sea defences, which face a continual threat of damage or erosion over time. This is critical ongoing activity that will continue long into the future as part of the continual maintenance of critical areas of the Island’s infrastructure.

A rolling vote can fund capital or revenue expenditure.

Replacement assets and minor capital heads of expenditure focus on the replacement of current equipment that is due to reach the end of its safe useful life and require replacing for newer equipment, to ensure assets are maintained for the ongoing delivery of services. Several departments have their own replacement asset and minor capital budgets. Specific funding is also provided for one-off investments such as fisheries vessels and new equipment for the Fire and Rescue Service.

Normally a single Accountable Officer is responsible for a rolling vote, replacement assets or minor capital head of expenditure.

The Public Finances Law includes specific controls over major projects. Using a rolling vote to fund a project cannot be used to circumvent these controls.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • Expenditure and procurement
  • Major, strategic and other projects
  • Role of the Senior Responsible Officer
  • Feasibility
  • Changes to head of expenditure
  • Assets
  • Expenditure and procurement 
  • Reserve head of expenditure
  • Fraud
  • Losses and write offs
  • Grouped heads of expenditure
  • Government Plan and budgeting

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • The selection of Individual projects within a rolling vote may not be prioritised to areas of greatest risk or need.
  • Individual projects within a rolling vote may not be subject to the same business case discipline as if they were project heads of expenditure in their own right.
  • Individual projects within a rolling vote may not be subject to the same cost control discipline as if they were project heads of expenditure in their own right.
  • Individual projects within a rolling vote may not be subject to the same project governance discipline as if they were project heads of expenditure in their own right.
  • Accountable Officers and Ministers may be unaware of how resources within rolling votes are being prioritised and spent.

Principles

1. Accountable Officers for rolling votes should ensure that available resources are prioritised to areas of greatest need.

2. Accountable Officers for rolling votes should ensure that individual projects within a rolling vote are subject to the same business case discipline (for the corresponding level of expenditure and complexity) as if they were project heads of expenditure in their own right.

3. Accountable Officers for rolling votes should ensure that individual projects within a rolling vote are subject to the same cost control discipline as if they were project heads of expenditure in their own right.

4. Accountable Officers for rolling votes should ensure that individual projects within a rolling vote are subject to the same project governance as if they were project heads of expenditure in their own right.

5. Officers with delegated responsibility for planning and incurring expenditure from rolling votes should ensure that Accountable Officers and Ministers are fully aware of how resources within rolling votes are being prioritised and spent.

6. Funding projects from within rolling votes should not be used to circumvent controls within the Public Finances Law over major projects.

Requirements

​1. Planning

Accountable Officers must ensure that documented, rolling plans are in place to show how funding available within rolling votes will be prioritised. These plans must be approved at least annually by the Accountable Officer and responsible Minister and made available to the Treasurer of the States on request.

2. Business cases

Accountable Officers must ensure that a robust process is in place within their department or area of responsibility to ensure that business cases (of proportionate detail and complexity) are prepared and evaluated for all expenditure from within a rolling vote.

3. Prioritisation

Accountable Officers must ensure that a robust process is in place within their department or area of responsibility to ensure that any changes to the programme of planned projects within a rolling vote are approved at an appropriate level, which is set out in the Accountable Officer’s Scheme of Delegation.

4. Cost control

Accountable Officers must be informed if the cost of an individual project within a rolling vote is likely to the exceed the planned cost by 25% (or £100,000 whichever is the lower) or more. The Accountable Officer must also be informed of which other projects are proposed to be decelerated or abandoned as a result. The Accountable Officer must approve any such changes to the planned programme, or delegate such approval to other officers in the Scheme of Delegation.

5. Project governance

Accountable Officers must define the level of project governance expected for each project within the programme of planned projects within a rolling vote, complying with the requirements in the Major, strategic and other projects section.

6. Reporting

Accountable Officers and responsible Ministers must be provided with a report at least quarterly detailing all projects planned, completed and in progress within a rolling vote, together with actual costs to date and forecast costs to completion. The report must also detail any significant changes to the planned programme approved by the Accountable Officer or delegated officers. This report must be made available to the Treasurer of the States on request.

7. Consultation

The Accountable Officer for a rolling vote head of expenditure must ensure that consultation takes place with any affected Accountable Officer or Minister in advance of a decision be​ing taken to accelerate, decelerate, add or abandon a project within the programme, and it is reasonably foreseeable that the other Accountable Officer or Minister may have views which should be taken into account.​

8. Major projects

Funding projects from within a rolling vote must not be used to circumvent controls within the Public Finances Law over major projects. If at any time the total expenditure on a project from within a rolling vote, grouped head of expenditure or feasibility is forecast to meet or exceed the Public Finances Law definition for a major project, then the Group Director, Strategic Finance must be informed. That officer must take steps to ensure the project is then classified accordingly in a Government Plan and the Annual Report and Accounts.

Special payments

Introduction and background

This section provides advice and guidance on how States Bodies, including the States Employment Board, manage payments, including those made from States Funds, but especially those transactions which are outside of the usual planned range of the Body’s activity and where payments are made where there is no legal obligation to do so. These payments referred to as Special Payments should only be authorised after careful appraisal of the facts and when those responsible for authorising the payments are fully satisfied that the best course of action has been identified.

In all cases the relevant Accountable Officer is accountable for the decision to make a payment. The Accountable Officer is answerable to the Public Accounts Committee and must be prepared to justify any payment if questioned unless a Letter of Instruction was provided by the responsible Minister. Special payments may also be subject to Scrutiny such as Internal Audit, States Questions and FoI questions and an Accountable Officer must always have the relevant documentation and authorisation to support such payments. 

Examples of special payments, being payments, which fall outside the normal day-to-day business of the States or Government, include but are not limited to the following:

  • special severance payment: a payment to a departing employee outside contractual parameters as advised by the Law Officers’ Department 
  • ex gratia payment: a payment to a third-party individual or organisation where there is no legal obligation or HR policy in place, but there is a sound business or policy reason for making the payment. Examples include:
    • payments as part of complaints procedures
    • payments to contractors outside a binding contract
    • settling a claim on a commercial basis due to the potential costs of defending the claim. Even where a claim is manifestly unfounded and no money is legally due, it may be best to settle
    • payments made to meet hardship caused by official failure or delay where there is no legal obligation to pay
    • out of court settlements to avoid legal action i.e., settling claims which have no merit, and where the settlement has no commercial basis, but for reputational reasons
    • recruitment and retention payments to staff 
  • insured payment: a proposed payment where:
    • the sum is in excess of the amount to be met by the department concerned and any applicable Insurance Fund layer; or
    • the sum is equal to or below the amount to be met by the department concerned and any applicable Insurance Fund layer in a case that has been notified to the States insurers
  • obligatory, unquantified and uninsured payment: a proposed payment where the payment sum will not be met by the Insurance Fund or the States’ insurers, but a Court (or equivalent) has established a legal but unquantified liability on the part of the States 
  • extra-statutory and extra-regulatory payments: payments are broadly within the limits of the statute or regulation, respectively, but go beyond a strict interpretation of its terms
  • precedent for further expenditure: a payment to a member of staff or third-party individual or organisation where there is no legal obligation which creates the risk of further expenditure in other areas of the States if knowledge of the payment becomes more widespread

For the avoidance of doubt this does not include one-off gifts such as flowers for ill members of staff or for the spouse of a deceased member of staff, or similar purpose.

In-line with the States of Jersey’s accounting requirements all special payments will be reported in the States of Jersey’s Annual Financial Report and Accounts.

Where a States Body financially supports an Arm’s Length Body, the States Body must consider appropriate references to this section of the Manual in the relevant agreements with these bodies.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, this includes:

  • Government Plan and budgeting expenditure
  • fees and charges
  • • reserve head of expenditure
  • income
  • grants
  • losses and write offs

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include: 

  • authentic circumstances requiring compensation payments are denied
  • reputational damage in cases where novel, contentious and potentially repercussive special payments such as severance payments have been poorly handled
  • budget overruns leading to financial burden on the Treasury and Exchequer or departmental heads of expenditure
  • fraud risk is increased as special payments could be made through collusion with the recipients

Principles

1. States Bodies should have a system for the timely identification, authentication and processing of any special payments and ensure that such payments are fulfilled in the required timeframe in accordance with the relevant policies.

2. Proposals for any special payment should explain the nature, circumstance of the case, amount involved, management procedures followed, assessment of the value for money of the case, any non-financial aspects, the impact of the case, whether budgetary provision is available to meet the payment and if the approach follows legal advice.

3. States Bodies should be proactive in drawing and documenting lessons from special payment cases as they arise in order to establish the soundness of the control system and share the outcomes with Treasury and Exchequer. Necessary steps should also be taken to remedy all failings identified.

4. Sensitive special payment situations should be handled with integrity and focus on avoiding reputational damage to both the States Body and the wider public service.

5. Any proposals to keep special payments confidential must be sufficiently justified to avoid being interpreted adversely by the public or other States Bodies.

Requirements

1. Approval by the Accountable Officer

All special payments, regardless of amount, must be approved by the responsible Accountable Officer. This approval can be delegated in the Accountable Officer’s Scheme of Delegation, as approved by the Treasurer of the States.

2. Payment approvals and endorsements

Accountable Officers must use the following to determine the appropriate approvals, notification and endorsements required for Government and States of Jersey payments. This process must be followed to ensure that all payments, including those classed as special payments are lawful and do not expose the States and/or Government of Jersey to unnecessary claims or losses or create precedents for the future. A Special Payment form must be completed and sent to the Head of Financial Governance in Treasury and Exchequer. The template is attached in Supporting documents.

Category 1

Treasury and Exchequer need not be notified where:

Payments fall within the normal day-to-day business of the entity. This definition will include, but is not limited to where:

(A) an asset is proposed to be acquired for an essential and sound business or policy reason and meets an existing States Strategic policy and:

  • funding has been set aside in an approved Government Plan for the asset and the necessary statutory processes and approvals have been gained, or
  • the proposed purchase price is lower than the highest independent valuation obtained, or
  • there is a material possibility that the asset would incur a higher cost through further negotiation or an alternative process e.g. compulsory purchase, or
  • the proposed purchase is at the advertised price, or
  • where the seller, who is the only person selling the particular asset, will not accept a lower price, this may be taken as the valuation

(B) items of stock are purchased within stock limits authorised by the Treasurer of the States 

(C) a service is being procured and paid for at an agreed price for an essential and sound business or policy reason and departmental funding is available

(D) a Court (or equivalent) has established a legal and quantified liability on the part of the States

(E) a payment to a member of staff is proposed that is within an approved HR policy, including payments for employment at the contracted rate

(F) an ex gratia payment is proposed of up to £1,000, has been approved by the relevant Accountable Officer (or their delegate) and there is no potential precedent for further expenditure

(G) an ex gratia payment is proposed to a member of staff that is permissible under an approved HR Code of Practice or policy 

(H) the payment is part of a scheme previously approved by the States or a scheme costing up to £10,000 in total previously approved by the Treasurer of the States.

(I) A payment is specifically permissible under legislation.

Category 2

Treasury and Exchequer must be notified, prior to making any binding commitment, using the Special Payment template, but is not required to endorse where:

(A) a special severance payment (i.e., a payment to a departing employee in excess of contractual entitlement) is proposed of up to £10,000

(B) an ex-gratia payment is proposed where there is no potential precedent for further expenditure and the proposed payment is up to £10,000 (and more than £1,000)

(C) an asset is proposed to be acquired for an essential and sound business or policy reason and the proposed purchase price does not exceed the highest independent valuation obtained. Where the seller will not accept a lower price, this may be taken as the valuation.

(D) an asset is proposed to be acquired for a non-essential but sound business or policy reason and the proposed purchase price does not exceed the highest independent valuation obtained, or there is a material possibility that the asset (including any and all associated costs) would incur a higher cost through further negotiation or an alternative process e.g., compulsory purchase. Where the seller will not accept a lower price, this may be taken as the valuation

(E) an insured payment is proposed that is recommended by the Law Officers’ Department and is not more than the maximum amount proposed by the States’ insurers (up to £1m, including costs).

Category 3: special payments

Treasury and Exchequer is required to endorse, prior to making any binding commitment, where:

(A) a special severance payment (i.e., a payment to a departing employee in excess of contractual entitlement) is proposed of £10,000 or more

(B) an ex-gratia payment is proposed of £10,000 or more

(C) an asset is proposed to be acquired for an essential and sound business or policy reason and the proposed purchase price is higher than the highest independent valuation obtained, or where no independent valuation has been obtained, and there is a material possibility that the asset could be acquired at a lower price through further negotiation or an alternative process e.g., compulsory purchase. Where the seller will not accept a lower price, this may be taken as the valuation

(D) an asset is proposed to be acquired for a non-essential but sound business or policy reason, but the proposed purchase price is higher than the highest independent valuation obtained, or where no independent valuation has been obtained, and there is a material possibility that the asset could be acquired at a lower price through further negotiation or an alternative process e.g. compulsory purchase.  Where the seller will not accept a lower price, this may be taken as the valuation.

(E) a payment is proposed that is more than £1,000 and is higher than the amount recommended by the Law Officers’ Department and/or by the States insurers

(F) a high value settlement (above £1m, including costs) is proposed.

The term Treasury and Exchequer means the Treasurer of the States or another officer delegated by the Treasurer of the States in his or her Scheme of Delegation.

3. Consultation, notification and endorsement from Treasurer of the States

In those instances where the Treasurer of the States is unable to endorse any such payment the requesting Accountable Officer must seek a Letter of Instruction from the responsible Minister (the Accountable Officer of a non-Ministerial States body should approach the Minister for Treasury and Resources) prior to any binding commitment to pay being made.  In such cases the Treasurer of the States will consider whether to exercise his or her statutory powers under the Public Finances (Jersey) Law 2019 to make a report to the Council of Ministers or the States Assembly.

Payments proposed from the Treasury and Exchequer head of expenditure which fall into category 3 must be endorsed by the Principal Accountable Officer.  If the Principal Accountable Officer is unable to endorse any such payment, they must seek a Letter of Instruction from the Chief Minister prior to any binding commitment to pay being made.

4. Endorsement from People Services

Any potential special payment(s) to be made to a States employee, within the definition of the Employment of States of Jersey Employees (Jersey) Law 2005, or others filling a similar contractual role must be subject to consultation with the Chief People and Transformation Officer  (or their delegate), who must decide whether the States Employment Board should be notified of, or need to approve, such payments.

5. Legal Advice

Accountable Officers are responsible for ensuring that the appropriate legal advice is secured from the Law Officers’ Department before any offer of payment which may be classed as a special payment is made. Legal advice may not be shared without the prior consent of the Attorney General or his representative.

6. Reporting of Special Payments

All special payments must, in line with requirements in the Jersey Financial Reporting Manual, be reported and brought to the attention of the States Assembly through appropriate disclosures in the Annual Report and Accounts.

Accountable Officers must ensure that any special payments are coded as such within Connect Finance.

Confidentiality may require such payments to be reported in an aggregated and/or anonymised manner.

7. Payments to Principal Accountable Officer/Accountable Officers

If a payment relates to an Accountable Officer of a Government department (outside of regular contractual salary payments), the Principal Accountable Officer must take responsibility for the decision to make any payment.  If a payment relates to the Principal Accountable Officer, the Treasurer of the States must consult with the Chief Minister and the Chair of the States Employment Board (where these posts differ) and gain a Ministerial Instruction from the Chief Minister to cover any payment. If a payment relates to an Accountable Officer of a Non-ministerial department (outside of regular contractual salary payments), the Treasurer of the States must take responsibility for the decision to make any payment.

8. Funding for special payments

It is expected that in the first instance that an Accountable Officer will ensure that any Special Payment is funded from existing budgets. If this is not possible, the Accountable Officer must ensure that another suitable source of funding is identified and agreed before the payment is authorised.

The fact that an Accountable Officer has consulted with and/or received an endorsement to a special payment from Treasury and Exchequer is not an agreement that additional funding will be made available by Treasury and Exchequer.

In extreme circumstances where the Accountable Officer is not able to identify funding to meet a payment, they must ensure that the Treasurer of the States is contacted, before any special payment is offered, and asked that a request for additional funding is considered by the Minister for Treasury and Resources. The Minister’s written approval that funding will be made available if the special payment is approved, must be gained before any payment is offered.

Expenditure to meet an Emergency

Introduction and background

This section provides advice and guidance on the procedures to be followed if an emergency as defined in the Public Finances (Jersey) Law 2019 or a Major Incident, as described below, arises and immediate funding is required. This advice and guidance applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019.

General provisions relating to emergencies are set out in the Emergency Powers and Planning (Jersey) Law 1990. That Law contains arrangements relating to the Emergencies Council and Competent Authorities Ministers.

For the purposes of financial decisions, the definition of what constitutes an emergency is established in Article 24(2) of the Public Finances (Jersey) Law 2019 as either:

  • the declaration of a state of emergency under the Emergency Powers and Planning (Jersey) Law 1990
  • if the Minister for Treasury and Resources is satisfied that there exists an immediate threat to the health and safety of any of the inhabitants of Jersey, to the stability of the economy in Jersey or to the environment

This section also covers the immediate arrangements if a Major incident has been declared, but neither of the above declarations have been made. The JESIP (Joint Emergency Service Interoperability Programme) doctrine states:

  • a Major Incident is an event or situation with a range of serious consequences which requires special arrangements to be implemented by one or more emergency responder agency
  • any responding agency can declare a Major Incident if it meets the criteria above for their organisation, even if it doesn’t meet this threshold for other agencies

The Public Finances (Jersey) Law 2019 sets out the responsibilities for the Minister for Treasury and Resources in relation to funding for any emergency which meets either of these terms.

The initial presumption is that any additional expenditure arising will be met from existing heads of expenditure, including centrally held reserves, approved in a Government Plan.

The Law also enables the Minister for Treasury and Resources (the Minister) to authorise the withdrawal of further funds from the Consolidated Fund if the emergency situation requires immediate funding and the Minister is satisfied that there is insufficient money in existing heads of expenditure to fund the emergency. If the amount is £100 million or more an amendment to the approved Government Plan must be progressed.

Should it be necessary for the Minister to approve the withdrawal of additional funds from the Consolidated Fund, the Minister must present a notice of the withdrawal to the States Assembly as soon as practical. Furthermore, the Minister must ensure that details of these withdrawals are included in the 6 monthly financial update report presented to the States.

The Minister for Treasury and Resources will review all other funding and financing options to meet the costs of an emergency and will where necessary take other funding options forward to the States Assembly.

Users of this section should refer to other sections of the Manual that may be relevant. Specifically, this includes:

  • Accountable Officers
  • expenditure and procurement
  • risk management
  • changes to head of expenditure
  • reserve head of expenditure
  • letters of comfort

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include:

  • immediate action to address an emergency may be delayed due to uncertainty over funding
  • expenditure is not properly authorised and may exceed the amount set aside for the emergency
  • expenditure is considered irregular i.e. not spent for the purposes intended
  • expenditure may not offer the best value to the States of Jersey
  • the States of Jersey's reputation may be compromised as a result of not being able to function if an emergency was to arise and if funding was not made available when required
  • expenditure is incorrectly recorded

Principles

1. In the first instance arrangements should be put in place to deal with an emergency whilst also endeavouring to ensure that routine service delivery is maintained as far as is practically possible. The immediate health and safety of Islanders and visitors is paramount.

2. The Chief Minister, Minister for Treasury and Resources, the States Chief Executive and the Treasurer of the States should be notified by the person identifying the potential emergency as soon as there is a possibility that there is an "emergency" situation (as defined in Article 24 of the Public Finances (Jersey) Law 2019 and set out in the Background and introduction to this section above) which requires additional funding so that the relevant emergency protocols can be brought into play.

3. Initially Accountable Officers should look to meet funding associated with an emergency, as defined in this Section, from within existing heads of expenditure.

4. Any additional funding allocated to meet the costs of an emergency should only be used for the purpose it was allocated for.

5. When considering an expenditure proposal to meet an emergency, alternative approaches to delivering services to meet the emergency should, as far as possible, be considered. Accountable Officers should also be mindful of the risks they are responsible for managing and ensure they are adequately addressed.

6. All additional funding to meet emergency expenditure should be appropriately considered, authorised and then reported on.

7. Emergency expenditure should be incurred in lines with the relevant Schemes of Delegation.

8. Accountable Officers should be aware that their Accountable Officer responsibilities apply to all expenditure, including that related to emergency expenditure, and that they are responsible for ensuring value for money at the same time as needing to ensure that the emergency situation is addressed appropriately.

9. Accountable Officers should establish whether any costs of an emergency can be met from insurance.

Requirements

1. Immediate action: Major incident

Where a major incident has been declared, or in an emergency situation where a Strategic Coordination Group (SCG) has been established, the Chair of SCG, and/or the Government Duty Executive Officer can commit any expenditure needed to address immediate needs on the day the emergency arose (D1) and the subsequent day (D2). The normal value for money requirements of the Expenditure and procurement section are not required to be followed but expenditure authorised in this way should be proportional and reasonably necessary considering all the circumstances, with the Treasurer to be consulted if there is any doubt over what is proportional or reasonable. The relaxation of normal procurement requirements must not be used to let contracts extending beyond D2 without consulting the Treasurer. The Minister for Treasury and Resources commits to underwrite any expenditure from the General Reserve if it cannot be met from within existing heads of expenditure. Prior to the end of D2 the Minister for Treasury and Resources must advise Accountable Officers of the arrangements expected to be followed from D3 onwards, and the documentation to be provided (in due course) relating to expenditure on D1 and D2. In the event the Minister is unavailable, the Treasurer can issue that advice, to be ratified by the Minister as soon as is practical.

2. Review of funding sources

If an emergency situation arises Accountable Officers supported by their Heads of Finance Business Partnering and the appropriate member of staff from Treasury and Exchequer must, as much as is practicable in the situation, undertake a review of existing heads of expenditure and other sources of funding to identify what funds may be available to meet the estimated cost of any emergency.

3. Request for additional funding

In instances where Accountable Officers require additional funding to meet costs associated with an emergency (as declared under the terms of Article 24(2) of the Law or a Major Incident has been declared), a written business case must be made with evidence that this is supported by the affected Minister(s), prior to incurring any expenditure, to the Minister for Treasury and Resources detailing:

  • the nature of the expenditure, the reason it has arisen and the implications if it's not funded
  • why they believe that the proposed expenditure is relevant to either:
    • a state of emergency declared under the Emergency Powers and Planning (Jersey) Law 1990
    • an immediate threat to the health and safety of any of the inhabitants of Jersey, to the stability of the economy in Jersey or to the environment
  • if the pressure is likely to be recurring
  • why the request cannot be absorbed within the Accountable Officer's current head(s) of expenditure
  • details of when the funding is required and sensitivity analysis around the values required, together with any assumptions
  • an evaluation of major risks

Where appropriate, supporting documentary evidence must be provided.

Depending on the urgency of the expenditure the Treasurer of the States has the discretion to waive the need for a written business case or the level of detail provided before approval to spend is given. If this authority is given the relevant information must be provided as soon as practical thereafter.

4. Consideration for request for urgent funding

In considering whether to approve requests to fund expenditure related to the emergency the Minister and Treasurer of the States (or any delegate) will take the following factors into consideration:

  • whether expenditure is genuinely urgent and essential
  • decisions of the Emergencies Council Competent Authorities Ministers and the Council of Ministers, where appropriate
  • whether the application followed procedures and enclosed all relevant documents
  • whether existing funding sources have been adequately considered
  • whether authority to spend already exists

5. Response to request for funding

The Minister or Treasurer of the States, (if given delegated authority by the Minister) or their delegate will provide a written indicative response to any funding request as soon as practicable. If necessary, an initial indication will be given within one working day. If necessary, and time permits, additional information may be requested.

6. Expenditure and unspent funds

Additional funding allocated to meet the costs of an emergency must only be used for the purpose for which it was approved. Treasury and Exchequer will provide details on how and when funding will be released. Accountable Officers must provide monthly updates on the use of such funds to the Treasurer of the States.

7. Delegation

The Minister for Treasury and Resources may delegate authority to approve expenditure relating to the emergency to the Treasurer of the States. This delegation should only occur if there is genuine urgency in the public interest and postponing expenditure would:

  • cause other damage or public detriment
  • cause additional wasteful expenditure
  • lose efficiency savings

Any expenditure authorised under this delegated authority must be notified to the States Assembly in the appropriate six-monthly report.

8. Reporting

All funding decisions in relation to the emergency made by the Minister must be documented by public Ministerial Decision subject to the normal Freedom of Information restrictions.

The Minister must report to the States Assembly at six monthly intervals regarding any approvals given to withdraw additional funding from the Consolidated Fund.

9. Insurance

Accountable Officers must contact the Head of Insurance in Treasury and Exchequer, at the earliest practicable opportunity once immediate emergency actions have been taken, to ascertain if any costs are insured, and to begin the process of making a claim.

Criminal Offences Confiscations Fund

Introduction and background

The Criminal Offences Confiscations Fund is established under Article 24 of the Proceeds of Crime (Jersey) Law 1999 and is managed and controlled by the Minister for Treasury and Resources.

The Criminal Offences Confiscations Fund is established to receive money - 

(a) recovered under or in satisfaction of a confiscation order or instrumentalities forfeiture order (as defined in Article 1 of the above Law); or 

(b) received under an asset sharing agreement (which means any agreement or arrangement made by or on behalf of Jersey with a country or territory outside Jersey for the sharing of the proceeds of criminal conduct that, as a result of mutual assistance, have been confiscated or forfeited either in Jersey or elsewhere).

Money paid into the Criminal Offences Confiscations Fund does not form part of the States Consolidated Fund. Money in the Criminal Offences Confiscations Fund is available to the Minister for Treasury and Resources for the following purposes (As per Article 24(4)(a) of the Proceeds of Crime (Jersey) law 1999): 

(a) in promoting or supporting measures that, in the opinion of the Minister for Treasury and Resources, may assist – 

(i) in preventing, suppressing or otherwise dealing with criminal conduct;

(ii) in dealing with the consequences of criminal conduct; or

(iii) without prejudice to the generality of clauses (i) and (ii), in facilitating the enforcement of any enactment dealing with criminal conduct; 

(b) discharging Jersey’s obligations under asset sharing agreements; and 

(c) meeting the expenses incurred by the Minister for Treasury and Resources in administering the Criminal Offences Confiscations Fund.

Additionally, following consultation with the Attorney General, the Proceeds of Crime (Jersey) Law 1999 may be amended by Regulation to enable specific money to be used for other specific purposes.

Money paid into the Criminal Offence Confiscations Fund can be invested in either a current or deposit account with one or more banks selected by the Minister for Treasury and Resources, with any interest earned paid into the Criminal Offences Confiscations Fund. Confiscated funds may be in any currency.

When funds are confiscated the Law Officers’ Department notifies Treasury and Exchequer of the status of the funds confiscated and advises of any ringfencing requirements before funds are deposited.  Confiscated funds are not available for allocation until the relevant legal case is concluded and written agreement has been provided by the Law Officers’ Department. This written confirmation will detail any negotiated payment due to a third-party, another jurisdiction and the amount available, if any, for use for a purpose approved by the Minister for Treasury and Resources. 

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • cash 
  • banking
  • expenditure and procurement 
  • changes to head of expenditure
  • Income
  • foreign currency.

In addition to the common risks identified in the Background and Introduction section of this Manual a number of significant risks relating to this section include:

  • money paid into the Criminal Offences Confiscations Fund is not used for the purposes intended
  • the States or Government of Jersey’s reputation may be compromised because of poor control of the Criminal Offences Confiscations Fund
  • transfers to fund expenditure are not properly authorised
  • money allocated from the Criminal Offences Confiscations Fund is spent on areas of expenditure not intended
  • that money due to be shared with another jurisdiction is not available

Principles 

1. Money confiscated in accordance with the Proceeds of Crime (Jersey) Law 1999 should be promptly collected and banked.

2. Expenditure from the Criminal Offences Confiscations Fund should follow all relevant procedures set in this Manual for expenditure approved by the States Assembly. 

3. Where a confiscation takes place in a foreign currency Treasury and Exchequer should be notified so that consideration can be given to the most appropriate way to manage any foreign exchange exposure.

4. Funds allocated from the Criminal Offences Confiscations Fund should only be used for the purpose approved by the Minister for Treasury and Resources. Any unspent funds should be returned to the Criminal Offences Confiscations Fund. In exceptional circumstances the Minister for Treasury and Resources, having consulted with the Attorney General, may agree that unspent funds are allocated for other purposes which meet the terms of the Criminal Offences Confiscations Fund.

Requirements

1. Investing of unallocated funds

The Treasurer of the States must ensure that all money within the Criminal Offences Confiscations Fund is held in an appropriate current or deposit bank account with a bank approved by the Minister for Treasury and Resources or their delegate.

2. Approval of Expenditure

Expenditure must not be directly met from the Criminal Offences Confiscations Fund. 

For expenditure approved outside of the Government Plan process, once approval has been given to the proposal, the relevant funding may be transferred from the Criminal Offences Confiscations Fund and allocated as departmental income in the relevant head of expenditure. In order to enable the project to commence approval to use additional income in line with requirements in the Manual’s section on Changes to head of expenditure. At this stage accountability for the project moves to the Accountable Officer with responsibility for the head of expenditure which received the income.

This process does not need to be followed for expenditure funded from the Criminal Offences Confiscations Fund and approved as part of a Government Plan. This expenditure is already included in the relevant departmental head of expenditure and has received approval to spend.

3. Investment Appraisal of Expenditure

The Treasury and Resources Minister must consult the Attorney General (and where appropriate any other relevant person) on the proposed use of funds (as per Article 24(4)(a) of the Proceeds of Crime (Jersey) Law 1999) held in the Criminal Offences Confiscations Fund.

To ensure value for money and that proposed projects are in line with States of Jersey priorities all projects put forward for Criminal Offences Confiscations Fund funding must be appraised by the Treasury and Exchequer’s Investment Appraisal Team before consideration by the Treasurer of the States who will make a recommendation to the Minister for Treasury and Resources. The Minister for Treasury and Resources holds overall responsibility for deciding what projects are progressed. If the Minister decides to take a different approach from that advised by the Treasurer of the States relevant documented evidence must be retained. 

4. Payment under Asset Sharing agreements

The Treasurer of the States must ensure that, where necessary, payments from the Fund meet the terms of any signed asset sharing agreement.

5. Reporting

The Minister for Treasury and Resources must report to the States Assembly at six monthly intervals regarding the use o​f additional income and the purpose for which it was used. 

Details on the financial affairs of the Criminal Offences Confiscations Fund must be reported in the States of Jersey’s Annual Report and Accounts.

Expen​ses​

Introduction and background​

This section of the Public Finances Manual applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and it has been developed to provide clear guidelines on business expenses incurred by States of Jersey employees (Civil Servants) and contractors, in the fulfilment of their work-related responsibilities. Expenses claimed by SoJ employees are subject to public scrutiny, Freedom of Information requests and Audit reviews.​

This section outlines what is and what is not an allowable expense, and it is in addition to the corporate policies and procedures which are within supporting documents and on the States of Jersey intranet (MyStates).

Employee expenses are costs incurred by those employees in the course of their duties, directly related to their job and required to get the job done. They are transactions made to support internal operations of the States of Jersey, and can either be paid for directly via a States of Jersey purchase card or reclaimed after being paid for by the employee. Purchases of goods or services for work purposes are not expenses for the purpose of this section.

​The following is a non-exhaustive list of the type of expenses falling within the scope of this section:

  • travel and accommodation, including bus travel
  • mileage
  • DSE user allowance, such as eye tests
  • gifts and hospitality offered
  • reimbursement of fees and charges
  • professional subscriptions and memberships
  • relocation allowances
  • contractually agreed allowances for certain pay groups, such as uniformed services

Expenses can be either:

  • paid for directly by an individual’s States of Jersey purchase card
  • claimed through MyView
  • claimed through petty cash, where a suitable float exists

Users of this section should refer to other sections of the Public Finances Manual, as well as to all policies that are relevant, and also to the Codes of Practice issued by the States Employment Board. Additional guidance can be found in:  

  • Gifts and hospitality offered
  • Fraud, corruption and money laundering
  • Expenditure
  • Accountability
  • Procurement Best Practice Procedures: User Guide and Toolkit (within supporting documents)
  • Business Travel Policy (within Supporting documents)

Mileage allowance

Mileage allowance is payable for journeys incurred in an employee’s own vehicle for official States or Government of Jersey purposes. The allowance is designed to cover vehicle expenses such as fuel, vehicle maintenance, depreciation and insurance. It does not cover parking fees and fines for road offences, or journeys between home and work.

​Current mileage rates payable can be found on MyStates. Claims are made through the MyView system.

Eye tests and glasses

There ​are refunds for Display Screen Equipment (DSE) users and current rates payable can be found on MyStates.

Claims are made through the MyView system.

Travel

The Business Travel Policy is included in supporting documents to this manual. It relates to off-island travel.​

​In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks are associated with staff expenses:

  • expenses are not properly recorded or authorised
  • expenses are not work related. For example, employees may be claiming for personal items at the expense of the States
  • inappropriate use of public money
  • expenses don't represent best value for money or are not necessary
  • The Government or States of Jersey’s reputation may be compromised as a result of poor practice and weak governance arrangements
  • States of Jersey employees are not protected from unwarranted criticism from not following due process, best practice guidance or adherence to principles
  • employees claim for expenses that have not yet been incurred
  • multiple expenses are claimed together and therefore it is not possible to review them individually or they are difficult to query or dispute and may result in inaccurate financial information
  • mileage claims include journeys to or from an employee’s home
  • expense claims are used to process procurement of goods or services

Principl​​es

1. All expenses should only be incurred if they are necessary, reasonable and appropriate in the circumstances, taking into consideration safety, practicality and efficiency.

​2. Expenses, including subsistence, while travelling should not be claimed if they would not be claimable for a normal business day in Jersey. Off-island travel must be booked through the States of Jersey corporate travel provider.

3. Where possible, public transport should be used where it is available and the most effective means of travel. There may be circumstances where this is not practical such as speed, safety, more than one person travelling together.

4. The person approving the expense should ensure that all claims are correct, reasonable and in accordance with the relevant policy.

5. All employees should ensure and be able to demonstrate that any expenses claimed represent best value for money.

6. Expense claims should be submitted as near to the date of expenditure as possible and should not be delayed without a valid reason.

7. Accountable Officers should ensure that all staff are aware that they are responsible for the use of public money and that high standards are expected of them.

8. Owners of expense policies should ensure that all relevant documents are up to date, accurate and that they reflect any changes that have taken place within the States of Jersey.

9. Accountable Officers should follow the principles contained within this section when paying the expenses of non-employees, for example lay members of boards.

Requirements

1. Claims​​

Regardless of method of payment, expenses must only be claimed where either:

  • they are allowable under an approved policy
  • they are necessary for the claimant’s work duties to be carried out

Any claims which exceed the maximum amounts permitted under a policy, for example for eye tests and glasses, must be approved by the Accountable Officer. If not approved, any amounts paid in excess of policy limits may be required to be repaid.

Claims must not be submitted for expenditure already charged to a States of Jersey purchase card.

Employees are responsible and accountable for ensuring expense claims are only made for allowable items.

2. Approval

Every expense claim must be authorised by the claimant’s line manager, or their delegate if documented in the Scheme of Delegation. The officer approving the claim is responsible and accountable for ensuring that all expenses are necessary, reasonable and incurred within the normal pursuit of duties. Individuals must not authorise their own expenses.

The person authorising expenses must ensure that their department has the necessary budget to cover the expense.

3. Non-business expenses

All costs incurred must be work related with no private element, unless part of an approved policy. Private spending must not be claimed or reimbursed.

4. On-island travel and subsistence

Travel and subsistence expenses on-Island must only be claimed and paid where either:

  • their payment has been specifically agreed as part of the terms and conditions for an employee or group of employees
  • they are being claimed alongside a claim for hospitality offered

5. Purchase of goods or services

Expense claims must not be used to pay for goods or services that should be ordered and paid for through Ariba, or equivalent central procurement software, or by States of Jersey purchase card. Small, incidental and urgent purchases can be made in exceptional circumstances and where essential for service delivery. An example this would be the purchase of low value teaching materials for individual meetings with children.

6. Value for money

Staff must seek the most practical and economical arrangements for travel, meals, hospitality and corporate expenses, as specified in the Business Travel Policy and other relevant expenses policies.

Staff must ensure that their expenses are kept to a minimum and represent value for money.

An individual incurring expenses must neither accrue financial gain nor suffer financial loss from the process of incurring expenses and claiming reimbursement.

7. Receipts

All expense claims must be supported by original receipts or invoices, unless specifically approved by the relevant Accountable Officer, and a clear description indicating the exact reasons why they were incurred. Examples of descriptions that are not sufficient include 'work expenses', 'invoice', 'annual subscription', 'Amazon order' or 'bus ticket'. Expenses can only be reimbursed upon providing relevant documentation and supporting reasons. The individual incurring the expense is responsible for demonstrating the expense was actually incurred and providing sufficient evidence. For the avoidance of doubt, an entry on a credit card or bank statement is not normally sufficient evidence.

In submitting mileage claims, employees must attach supporting documents confirming the purpose of the journeys being undertaken, for example emails confirming meetings or explanatory notes.

8. Submitting claims and reimbursement procedure

Expenses must only be claimed when they have been incurred, not ahead of the purchase. 

All expense claims, if not paid for directly by purchase card, must be individually submitted via the MyView self-service centre within 30 days of the expenses being incurred, providing necessary documentation to avoid delayed or refused reimbursement. Expenses reclaimed through petty cash must be processed within 30 days of the expenses being incurred.

If multiple expenses are being claimed, a simple spreadsheet must be attached giving these details for all the expenses or trips.

All expenses claimed through MyView must be reimbursed through the States of Jersey payroll system, within the employee’s salary payments. Reimbursement must not be made by cheque or BACS.

9. False and incorrect claims

It is fraudulent to claim for expenses that are not genuinely incurred whilst on business for the States or Government of Jersey. Managers, or approvers, must refer any false or incorrect claims identified to People Services and the Financial Governance Team in Treasury and Exchequer for further enquiries to be made. Alternatively, notification can be made under the Whistleblowing Policy​.

Any instances of deliberate fraud are likely to be treated as a disciplinary matter.

10. Consultant and contractors expenses

Consultants and contractors are individuals who are not employee of the States but whose expenses may be met by the Jersey taxpayer.

Consultants must be only reimbursed for expenses agreed and specified within their contracts. Expense claims must be submitted within 30 days of the expenses being incurred, providing necessary documentation. Approved expenses will be reimbursed within 30 days following submission of the claim.

All expense claims must be supported by original receipts or invoices and an explanation indicating reasons why they were incurred. Examples of descriptions that are not sufficient include 'work expenses', 'invoice', 'annual subscription', 'Amazon order' or 'bus ticket'.​ The individual incurring the expense is responsible for demonstrating the expense was actually incurred.

The reimbursement must be done through Ariba with the invoice provided by the consultant or their company.

11. Travel to and from home

Where a staff member claims mileage expense and travels to a location direct from home or returns home direct, the mileage must be calculated by reference to the distance from home or normal place of work, whichever is the shorter. Travelling to and from home to work must not be claimed or approved.

12. Non-qualifying expenses

A full list of items that do not qualify as approved work expenses and must not be claimed or reimbursed, unless specifically approved by an Accountable Officer, can be found within Supporting documents. These include but are not limited to:

  • ​stolen, lost or damaged personal property
  • subsistence on-Island when at normal work base or working to normal pattern
  • any fines for infringements of laws or regulations
  • alcohol 
  • flight upgrades
  • expenses for family members
  • childcare
  • formal wear 
  • personal expenses such as travel to and from work, toiletries, newspapers, dry cleaning, recreational items and gift shop charges, alcohol, passport renewal costs, home internet services, doctor appointments or medical expenses
  • birthday, Christmas, anniversary or leavers’ gifts
  • IT equipment such as laptops, iPads, mobile phones or any other devices or hardware. Find more information in the Expenditure and Procurement section of this manual

Where an expense is not referred to, please seek further guidance from the Financial Governance team within Treasury and Exchequer with supporting reasons as to why it is considered that the expense falls into scope of these guidelines and should be reimbursed.

Financial reporting and accounting

Annual financial statements

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law, and provides guidance on financial reporting arrangements both at the States Bodies and States of Jersey levels.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, this includes:

  • income
  • assets
  • expenditure
  • investments
  • funds
  • financing
  • budgeting

Users should refer to the Jersey Financial Reporting Manual, see supporting documents, which provides guidance on the preparation of financial statements.

The Jersey Financial Reporting Manual sets out the accounting standards to be adopted in the preparation of the States of Jersey Financial Statements. It is based on the UK Treasury Financial Reporting Manual, adapted for States of Jersey-specific situations. The accounting policies contained in the Jersey Financial Reporting Manual apply UK endorsed International Financial Reporting Standards as adapted or interpreted for the Public Sector in Jersey. The Jersey Financial Reporting Manual is published by the Minister for Treasury and Resources and presented to the States each year. The relevant annual update of this can be found in the Report section of the States Assembly website.

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • the States Assembly and the public are unable to assess the performance of the States or Government of Jersey against its stated priorities due to lack of transparency and consistent framework for reporting financial outcomes
  • the States Assembly is not provided with up-to-date financial information and is, therefore, unable to make appropriate decisions
  • reports produced by different States Bodies are inconsistent due to a lack of commonality regarding the accounting standards used or the template utilised
  • those responsible for producing reports are unaware of the expectations in terms of frequency of reporting and the nature of reports required
  • the manner and format of how matters are reported is not transparent, nor easily understood, by all stakeholders including the Accountable Officers and the States Assembly

Principles

1. All reporting, budgeting, forecasts, performance measuring documents and financial statements should use the same generally accepted accounting principles.

2. Reporting should be clear, concise and consistent throughout the States of Jersey. Consideration should be given to alternative methods of presentation, e.g. infographics, where they will make the report more easily understood and accessible to non-financially trained users.

3. Reports should be comprehensive and present a States-wide view of finances, e.g. including the aggregated debt position.

Requirements

1. Recording and reporting

States Bodies must record and report transactions in line with the provisions of the Jersey Financial Reporting Manual and any accompanying guidance. Accountable Officers are responsible for ensuring that the relevant staff are aware of the requirements of the Jersey Financial Reporting Manual and that these requirements are complied with.

2. Semi-annual updates

States Bodies must provide financial information in the form required by the Minister for Treasury and Resources focusing on the progress against objectives.

3. Specified Organisations

In the case of Specified Organisations, financial reporting arrangements must be clearly set out in the relevant Memorandum of Understanding and should be such that public funds received can be clearly accounted for.

4. Performance monitoring

Treasury and Exchequer will provide standardised reporting templates and guidance on the most appropriate ways to present the different types of financial information for different audiences.

5. Retention of financial documents

Accountable officers must ensure that documents are retained in accordance with the periods set out in Retention of Financial Documents (within Supporting documents).

6. Consultation on changes to accounting standards

The Comptroller and Auditor General must be consulted for a minimum of five working days on any proposed revisions to the Jersey Financial Reporting Manual.

Financial planning and budgeting

Government plan and budgeting

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law, with the exception of Specified Organisations (but includes Jersey Overseas Aid) as defined in schedule 2 of the Public Finances Law. It applies to the creation and management of budgets, and provides guidance on the responsibilities arising in relation to the process of preparing the financial elements of the Government Plan as defined in the Public Finances Law. Note that this includes the preparation of income and expenditure plans by individual States Bodies that contribute to the consolidated draft Government Plan.

This Section adopts the definition of ‘budget’ from the Organisation for Economic Co-operation and Development’s Recommendation on Budgetary Governance. Specifically, a budget is a “contract between citizens and state, showing how resources are raised and allocated for the economic, efficient, and effective delivery of public services”.

The areas covered by this section include:

  • responsibilities of Accountable Officers in relation to budgets
  • preparation of an annual income and expenditure plan for individual States Bodies
  • proposals for Major Projects
  • management of a States Body's budgets subsequent to the commencement of the approved Government Plan
  • ongoing reporting of performance against budget

For the avoidance of doubt, this section is not intended to address the role of the Treasury and Exchequer in collating budgetary submissions received from Accountable Officers, and balancing them to form the financial elements of the Government Plan. Nor does it address the creation of taxation or impôt proposals, or other income-related matters for which individual States Bodies are not directly responsible.

Users of the Public Finances Manual should refer to other sections that are relevant. Specifically this includes:

  • assets
  • Accountable Officers
  • cash
  • expenditure
  • fees and charges
  • reserves
  • grants
  • income
  • Major Projects
  • Projects

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • a States Body budgets to spend too much, leading to the potential for best value being unachieved
  • a States Body budgets to spend too little, and so has insufficient funds to deliver its priorities
  • an individual States Body’s income and expenditure proposal does not further the collective Strategic Priorities of the States or Government of Jersey
  • a historic/cost plus approach to budgeting renders income and expenditure proposals unsuitable for the present year’s requirements
  • an Accountable Officer could exceed the approved expenditure limits

Principles

1. Accountable Officers are responsible for the preparation of detailed annual and high-level forecast income and expenditure proposals for their States Bodies (and for those Funds defined in the Public Finances Law, including the Social Security Funds, Stabilisation Fund and Strategic Reserve Fund), together covering a 4 year period. This proposal should show a clear link between Strategic Priorities, policy initiatives, finances, and outcomes.

2. Accountable Officers should promote the integrity and quality of budgetary forecasts, financial plans and budgetary implementation through rigorous quality assurance including independent audit.

3. To the extent that it is feasible, Accountable Officers should adopt a zero-based budgeting mind-set. While using prior year figures for guidance is permitted, rollover budgeting should not usually be employed. 

4. When considering the preparation of an income and expenditure proposal, alternative approaches to delivering services and Strategic Priorities should be considered. Accountable Officers should also be mindful of the risks they are responsible for managing in relation to Strategic Priorities and ensure they are adequately addressed.

5. Accountable Officers should consult widely amongst their peers when preparing income and expenditure proposals to share ideas, initiatives and other thoughts in preparing their budgets.

6. The proposal should be clear and concise, considering relevant statistics and financial information available to the States Body, and aligned to the States' Strategic Priorities. It should contain clear outcomes and measures of performance.

7. The proposal should also have due regard for macro-economic and local economic trends, and draw on available information prepared by the Government of Jersey, such as intergenerational reports and long-term capital plans. This will help identify, assess and prudently manage longer term sustainability and other fiscal risks.

8. Where appropriate, Accountable Officers should also consider thought leadership prepared by supra-national bodies and the impact such trends may have on their Strategic Priorities and department more generally (such as relevant reports published by the World Health Organisation or the Organisation of Economic Co-operation Development).

9. The Accountable Officer of the lead States Body responsible for a strategic priority of the Government of Jersey should ensure other States Bodies involved in the delivery of the objective are consulted when preparing the proposal to ensure expenditure is allocated in the most economic, efficient and effective manner.

10. Subsequent to the commencement of the Government Plan and associated head of expenditure, Accountable Officers should monitor expenditure and provide regular updates both to Treasury and Exchequer and to their States Body in the format prescribed by Treasury and Exchequer.

11. As part of longer-term planning for the States of Jersey, Accountable Officers may be required to contribute to the preparation of intergenerational reports and other strategic planning. Accountable Officers should ensure that the body is able to provide the information required to the preparer of the report accurately and in a timely manner.

Requirements

1. Income an​d expenditure proposal

With the exception of Non-Ministerial States Bodies, income and expenditure proposals for States Bodies (and those Funds referred to in Principle 1 above) must be submitted to the States Treasurer prior to the preparation of the draft Government Plan. Accountable Officers of Non-Ministerial States Bodies should present their proposals in accordance with the Public Finances Law.

2. Form of income and expenditure proposal

The income and expenditure proposal prepared by the Accountable Officer should contain the following sections:

  • major projects for inclusion in major project envelope
  • other projects excluding Major Projects
  • revenue head of expenditure
  • income

3. Accounting standards

The form of the proposal must follow a format specified by the States Treasurer and be prepared in accordance with the accounting standards set out in the Jersey Financial Reporting Manual. The proposal should contain detailed income and expenditure for one year, and indicative income and expenditure for a further three years. It should contain clear outcomes, with performance measures. The Jersey Financial Reporting Manual will be published by the Minister for Treasury and Resources.

4. Consideration of alternative approaches

When preparing an income and expenditure proposal, Accountable Officers should assess if the existing model of delivery is appropriate. They should also consider a range of alternative approaches to delivering the Strategic Priorities for which they are responsible, for example the use of digital service delivery. This could include consultation with other Accountable Officers about new ideas and developments and the opportunity to deliver services and projects together.

5. Reserve

The proposal should not include provision for expenditure from the Reserve. Expenditure from the reserve should only be considered in exceptional circumstances, or if it would result in a better economic outcome for the States of Jersey. See the Reserve section for further details.

6. Sensitivity and other analysis

For material items with variables or imponderables, consideration should be given to using sensitivity analysis to assist Treasury and Exchequer in balancing the submissions from various States Bodies to the Government Plan e.g. payroll costs should be sensitised to illustrate the impact of staff turnover and vacancies. Where relevant, it may be appropriate to also present option analysis indicating the different costs and income associated with alternative methods of service or project delivery.

7. Major project envelope

If an Accountable Officer wishes to include one or more Major Projects in the income and expenditure proposal, each project must first be approved by Treasury and Exchequer. See the Major Projects section for further details.

8. Other projects

For more information, please refer to the Projects section. 

9. Proposals for Major Projects for States Trading Operations

The proposals in the Government Plan determine the approval of individual Major Projects for States Trading Operations for the financial year. These are funded from Trading Funds and not directly from the Consolidated Fund as for other States Funded Bodies.

The approval of individual Major Projects should be sufficient to deliver that project or be sufficient to complete an existing Major Project for which no other approval (e.g. a Capital Rolling Vote) sufficient to complete the project exists.

The approval of individual Major Projects should be based on the expected gross expenditure and an estimate of any capital receipts that relate to that specific project.

10. Ongoing reporting

It is the responsibility of the Accountable Officer to provide updates to the States Treasurer, comparing budgeted against actual income and expenditure of the States Body in the form prescribed by the States Treasurer. High-level updates should be provided on a monthly basis, with more detailed reports every quarter. Monthly reporting should also include estimated cash flow requirements. Quarterly reporting should include performance against agreed Key Performance Indicator’s, and explanations for any significant variances. The States Treasurer must then report the corporate financial position quarterly to the Council of Ministers.

Accountable Officers should also provide Treasury and Exchequer with accurate and timely inputs for the six-monthly updates to the States Assembly as defined in the Public Finances Law.

Accountable Officers should also perform any ongoing monitoring necessary to identify, assess and manage prudently longer term sustainability and other fiscal risks.

11. Internal communication

Accountable Officers should ensure that regular (at least quarterly) updates on performance against budget are provided to staff for whom they are responsible. The format of these updates should be determined by the Accountable Officer, but they should ensure that the updates are clear and transparent, and appropriate to their audience.

12. Further responsibilities

  • Accountable Officers should ensure they are able to contribute to longer-term strategic planning when requested by the Principal Accountable Officer, for example by providing long-term estimates at the request of the Economics Unit
  • Accountable Officers must document and operate a Scheme of Delegation for their States Body which segregates duties as appropriate and allocates responsibilities for budgets
  • Accountable Officers must maintain and review forecasts on a regular basis
  • Accountable Officers must document the control and assurance framework for their States Body to support the reliable processing of financial information
  • Accountable Officers must ensure appropriate controls are in place to ensure that expenditure does not exceed approved budgets
  • Accountable Officers should ensure expenditure is incurred in a timely manner so that best value is delivered for the States Body and the States of Jersey as a whole

Fiscal policy panel

Introduction and background

This section provides an overview of the operation and remit of the Fiscal Policy Panel are not bound by the requirements of the Public Finances Manual and as such this section is included for information only.

The Fiscal Policy Panel provides independent economic advice on matters relating to income raising and spending policy (including on the medium and longer term sustainability of States finances), the Strategic Reserve Fund and the Stabilisation Fund, to the Minister for Treasury and Resources and the Council of Ministers.

The legislative requirements in relation to the establishing and remit of the Fiscal Policy Panel are set out in the Public Finances Law. It also sets out provisions for independence and the requirement for an annual report on the state of the economy and the States of Jersey’s finances to inform the preparation of the Government Plan. The Council of Ministers or Minister for Treasury and Resources can request other ad hoc reports.

Users of this section should refer to other sections of the Public Finances Manual that are relevant.

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • the operation of the Fiscal Policy Panel does not support the achievement of the States or Government of Jersey’s Strategic Priorities
  • the Fiscal Policy Panel is not established or operated in line with international best practices of Independent Fiscal Institutions
  • the Fiscal Policy Panel is not sufficiently independent or perceived as such
  • the Fiscal Policy Panel is not provided with sufficient resources or information to enable it to achieve its objectives

Principles

1. The Organisation for Economic Co-operation and Development sets out key principles to be considered in the establishment and operation of Independent Financial Institutions such as the Fiscal Policy Panel. These principles are based on international leading practices but should be considered in the context of Jersey’s size, political and economic characteristics. The principles include the following:

  • local ownership – the Fiscal Policy Panel requires national ownership, commitment and consensus across the political spectrum to be effective and enduring
  • independence and non-partisanship – this will ensure that the Panel does not presents its analysis from a political perspective, rather objectively and professionally
  • mandate – the authority of the Panel should remain clearly defined in the primary legislation i.e. Public Finances Law
  • resources – the resources that are allocated to the Panel should be commensurate with their mandate 
  • relationship with legislature : regardless of whether the Panel reports directly to the Executive, mechanisms should be put in place to encourage appropriate accountability to the States Assembly
  • access to information – the Panel should be granted full access to all relevant information, as required by them, in a timely manner, including methodology and assumptions underlying budget and fiscal proposals, and sensitivity analysis where appropriate
  • communications – the Panel should develop effective communication channels, especially with the media, the public and other stakeholders, with due consideration to available communication channels and resources within the Government of Jersey
  • transparency – the Panel has a special duty to act as transparently as possible to maintain credibility with the public
  • external evaluation – a mechanism should be developed for external evaluation for the work of the Panel. This could be conducted by either local or international experts 
2. More details on these principles can be found in the Organisation of Economic Co-operation and Development document: Recommendations on Principles for Independent Fiscal Institutions.

Funds

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides guidance on Funds specifically named in the Law as well as other States Funds which are created in line with the Law.

For the avoidance of doubt, the Funds specifically listed in the Public Finances Law include the Consolidated Fund, the Strategic Reserve Fund and the Stabilisation Fund. The Public Finances Law also allows for the establishment of States Funds for specific purposes by the States Assembly on a proposition lodged by or with the consent of the Minister for Treasury and Resources. Funds can also be established in standalone legislation, but such legislation may only be lodged by or with the consent of the Minister for Treasury and Resources. 

When dealing with the Consolidated Fund, Strategic Fund and Stabilisation Fund reference should be made to specific provisions contained in the Public Finances Law as some requirements of this section (e.g. termination) might not be applicable to these funds. Other States Funds are:

  • Currency Fund
  • Insurance Fund
  • Jersey Car Parking Trading Fund
  • Jersey Fleet Management Trading Fund
  • Agricultural Loans and Guarantees Fund
  • Tourism Development Fund
  • Channel Islands (Jersey) Lottery Fund
  • Jersey Innovation Fund
  • Housing Development Fund
  • Dwelling Houses Loans Fund
  • Assisted House Purchase Scheme
  • 99 Year leaseholders Account
  • Criminal Offences Confiscation Fund
  • Civil Assets Recovery Fund
  • Ecology Fund
  • Jersey Reclaim Fund
  • Hospital Construction Fund
  • Climate Emergency Fund
  • Social Security Fund
  • Social Security (Reserve) Fund
  • Health Insurance Fund
  • Long-Term Care Fund
  • Dental Scheme
  • Fiscal Stimulus Fund
  • Technology Accelerator Fund

Details on the purposes of these Funds are included in the Supporting documents section of the Manual.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • fraud
  • income
  • investments

Users of this manual should take specific note of the transitional provisions included in the Public Finances Law in relation to the Funds created prior to the passing of the law. These provisions allow for the Funds to continue in existence until such time as they are wound up, subject to time considerations, their original purpose and whether they are still required.

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • existing Funds no longer serve the purpose for which they were created or the initial objectives could be better achieved through alternative arrangements
  • Funds are mismanaged due to lack of sufficient oversight, administration or internal control
  • Funds are not properly accounted for or that money is lost to fraud or theft
  • money becomes effectively locked up to a Fund due to ring-fencing and cannot be used for alternative uses, even after the purpose of that Fund has been served 

Principles

1. There should be a clear and documented framework for the establishment, operation, monitoring and termination of Funds, where applicable, depending on the relevant legislative provisions.

2. All Funds must contribute to the Strategic Priorities of the States of Jersey. They should be periodically reviewed to ensure that they remain fit for the purpose for which they were originally established. The purpose of a Fund can only be amended via a request submitted to the States Assembly by or with the consent of the Minister for Treasury and Resources.

3. When establishing a Fund, provision should be made for the winding up of the Fund once its purpose has been served.

Requirements

1. Accountable Officers

There must be an Accountable Officer appointed for each Fund who will ensure accountability and that the Strategic Priorities of the States of Jersey in relation to the Fund are achieved. The appointment, responsibilities and other guidelines on Accountable Officers are covered in the Accountable Officers section.

2. Establishment of a Fund

The Public Finances Law allows for the establishment of States Funds on the basis of a proposition lodged by or with the consent of the Minister for Treasury and Resources. The Minister must prepare or arrange for a business case for consideration by the States Assembly for any new Fund. Any assumptions contained within the business case must lay out the strategic objectives of the Fund, governance and operational arrangements, source of the initial Funds, expected life span, termination and evidence that creation of a Fund provides the most benefits for the States of Jersey in terms of value for money.

Funds can also be established in legislation. Any legislation which proposes a Fund may only be lodged by or with the consent of the Minister for Treasury and Resources. Funds established via this route should follow the same appraisal, monitoring and reporting process as those established in a Report and Proposition.

3. Ongoing monitoring and reporting

The Accountable Officer must provide a periodic, but as a minimum six-monthly, report to Treasury and Exchequer covering:

  • operational and financial performance against the aims and objectives of the Fund
  • how these are being met
  • whether the standards set by the Government of Jersey have been met
  • other key performance measures and targets as set out during the establishment of the Fund
  • disclosure of future plans to establish Funds and how they are likely to impact upon the achievement of States corporate and States Bodies’ priorities (where applicable)
  • all of the above in the manner prescribed by the States Treasurer

A pragmatic and risk-based approach should be adopted in meeting this requirement with consideration given to the size of the business and the nature of each Fund.

4. Fund Operation

The operation and administration of each Fund must be conducted in line with any relevant document (for example Terms of Reference) establishing the Fund and guidance on the involvement and responsibilities of Accountable Officers. All expenditure from a Fund should be agreed as part of the Government Plan process.

5. Investment of Funds

This must be carried out in line with the Public Finances Law. These include the requirement for the Minister of Treasury and Resources to present an investment strategy to the States Assembly after consultation with qualified investment professionals, the Treasury Advisory Panel and for the States Treasurer to ensure that Funds’ assets are invested in line with the investment strategy. For further guidance, please refer to the Investments section of the Public Finances Manual.

6. Joint venture funds

The requirements set out in this section apply equally to these joint venture funds or any arrangement involving the pooling of funds with the private sector, Accountable Officers must ensure that adequate due diligence is conducted on the private sector partners, appropriate service level agreements are signed and controls are in place to ensure ongoing monitoring depending on the size, purpose and risk associated with the Fund. 

Reserve head of expenditure

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and relates to expenditure from a Reserve head of expenditure. The Minister for Treasury and Resources holds responsibility for the control of a Reserve head of expenditure, but all Accountable Officers need to ensure that any requests for funding are appropriate.

The Public Finances Law sets out a number of responsibilities for the Minister for Treasury and Resources in relation to a Reserve, including:

  • to report to the States Assembly every 6 months with details of any approvals given to spend the Reserve
  • to propose a head of expenditure for the Reserve in the Government Plan
  • to direct how an approved appropriation from a Reserve head of expenditure may be spent in the first financial year covered by the Government Plan
  • to authorise that an unspent amount appropriated from the Consolidated Fund under an approved Government Plan for one financial year is deemed to be appropriated as part of a Reserve head of expenditure for the following financial year

Allocations from a Reserve head of expenditure cannot be made without the approval of the Minister for Treasury and Resources. If necessary, the Minister for Treasury and Resources may delegate the approval for expenditure from a Reserve head of expenditure to the States Treasurer, with any decision under this delegated authority being notified to the States Assembly in the next six monthly report. 

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • budgeting
  • changes to head of expenditure
  • expenditure

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include: 

  • expenditure from the Reserve may not be properly authorised
  • expenditure from the Reserve may not be in accordance with the published policy of the Minister for Treasury and Resources or offer best value to the States or Government of Jersey
  • expenditure from the Reserve may exceed the amount set aside by the States Assembly for this purpose
  • the States or Government of Jersey could achieve better value for money if the amounts held in the Reserve were put to alternative uses
  • expenditure from the Reserve is not properly accounted for

Principles

1. A Reserve head of expenditure should be operated in line with the requirements set out in the published Ministerial Policy Statement on the Reserve.

2. A Reserve head of expenditure should be used only for unforeseen and urgent expenditure or as otherwise considered in the Government Plan or specified in the Minister’s policy statement.

3. A Reserve head of expenditure may also be used to accelerate expenditure planned in another head of expenditure for the next financial year, depending on the terms of the Reserve, if to do so would be more economic, effective and efficient than delaying the expenditure. Such expenditure should result in a corresponding transfer to the Reserve head of expenditure from the following year’s budget.

4. Expenditure from a Reserve head of expenditure should be appropriately considered, authorised and reported.

5. If a States Body aims to make a withdrawal from a Reserve head of expenditure, a plan should, where appropriate, be made to repay the figure out of the next year’s head of expenditure when agreed. However a decision can be taken by the Minister for Treasury and Resources not to require repayment.

6. Expenditure from a Reserve head of expenditure should not be used for regular recurring expenditure and its availability should not be relied upon when making budgeting decisions.

Requirements

1. Compliance

Accountable Officers and other responsible parties must ensure compliance with the Ministerial Policy on a Reserve head of expenditure. The existing Ministerial Policy for Contingency covers the following broad sections:

  • the different ways allocation can be made to the Reserve
  • types of expenditure that can come out of the Reserve
  • the treatment of any unspent balance in the Reserve at the end of the year
  • the allocation process including the role of Accountable Officers, the Investment Appraisal Board, Principal Accountable Officer, and the States Treasurer
  • drawdown on approved funding
  • monitoring the Reserve

2. Expenditure and unspent funds

Expenditure from a Reserve head of expenditure may only be used for the purpose for which it was approved. Unspent funds must be returned to the Reserve head of expenditure. Accountable Officers should provide monthly updates on the use of such funds to the States Treasurer.

3. Reporting

The Minister for Treasury and Resources must report to the States at six monthly intervals regarding any transfers from a Reserve identifying the head of expenditure to which it was applied.

4. Re-allocation at year end

At the end of each financial year, the Minister for Treasury and Resources may re-allocate any unspent funds from any head of expenditure to the following year’s Reserve head of expenditure.

5. Carry forward

At the end of each financial year, the Minister for Treasury and Resources may agree that unspent funds may be deemed to be appropriated to the following years Reserve head of expenditure, taking into consideration all relevant factors.

6. Delegation

The Minister for Treasury and Resources may delegate authority to approve expenditure from a Reserve head of expenditure to the States Treasurer. This delegation should only occur if there is genuine urgency in the public interest and postponing expenditure would:

  • cause other damage or public detriment
  • cause additional wasteful expenditure
  • lose efficiency savings

Any expenditure authorised under this delegated authority must be notified to the States Assembly in the appropriate 6 monthly report.

Reserve funding: letters of comfort

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and applies to all expenditure made by Accountable Officers of States Bodies, or on their behalf.

The principles should be applied to all public expenditure by any person authorised by an Accountable Officer to undertake that expenditure.

Before any commitment is entered into to incur expenditure Accountable Officers must ensure they have sufficient assurance of expenditure approvals to be able to meet those commitments. If it appears that existing approved heads of expenditure might be insufficient, there are a number of ways in which the Accountable Officer concerned can address that situation prior to committing expenditure.

These include:

  • approval by the Minister for Treasury and Resources of an allocation from Reserves (following receipt and appraisal of a business case)
  • approval by the Minister for Treasury and Resources of the use of additional income
  • approval by the Minister for Treasury and Resources of a transfer from another head of expenditure
  • a letter of comfort

A letter of comfort from the Minister for Treasury and Resources confirms to an Accountable Officer that additional funding will be allocated from Reserves in that financial year if it appears that the approved head of expenditure may be exceeded. Any request for a letter of comfort from Treasury and Exchequer must be approved by the Minister for Treasury and Resources before the letter can be formally issued.

A letter of comfort may be used in preference to the other mechanisms listed above for a number of reasons, including:

  • the proposed expenditure may be able to be absorbed within existing budgets (expenditure approvals)
  • the need for the expenditure is urgent and there isn’t enough time to prepare a business case
  • the proposed expenditure is in a future year
  • it’s uncertain that the proposed expenditure will be needed

For the avoidance of doubt, it cannot be assumed that any commitments entered without this assurance will be met by additional funding allocations by the Minister for Treasury and Resources or Treasurer of the States.

The use of the term “letter of comfort” in this context should not be confused with letters issued to housing associations in relation to potential increases in interest rates. This type of letter of comfort is not covered by this section of the Manual (see the “Financing or borrowing” section).

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • major projects
  • changes to heads of expenditure
  • reserve head of expenditure
  • expenditure and procurement

There are number of significant risks relating to this section, which include: 

  • additional funds subject to a letter of comfort may be used for a different purpose 
  • Accountable Officers do not prepare a full business case for additional funding
  • a letter may not specify the amount and timeframe and therefore an Accountable Officer is not clear on what he or she can spend
  • Accountable Officers do not seek to meet costs from existing resources, so expenditure increases unnecessarily
  • the General Reserve is over-committed and cannot meet all requests for additional funding

Principles

1. Accountable Officers should always try to meet expenditure commitments, including those which arise on an ad hoc basis during the course of the year, from within existing approved resources. 

2. Letters of comfort should only be used where time constraints prevent a full business case for additional funding being prepared before committing expenditure or when there are material areas of uncertainty. 

3. Letters of comfort should enable urgent and necessary expenditure to be undertaken in advance of full additional funding approval processes.

Requirements

1. Requests

A request for a letter of comfort must be in writing, which can be by email, to Treasury and Exchequer and must either be from an Accountable Officer or contain evidence that it is endorsed by the Accountable Officer concerned. The request must contain sufficient detail to enable the Minister for Treasury and Resources to decide whether to issue a letter and must explain why the request is so urgent that it cannot be subject to the usual business case and investment appraisal process.

2. Content of letter

A letter of comfort must specify the purpose for which approval is being given, the maximum amount of the approval and the time period for which it is valid. A letter of comfort can refer to a future year, for example where that year’s Government Plan is not yet approved. The letter must specify when it is expected that a full business case for additional funding will be submitted.

3. Business case

Where a letter of comfort relates to funding that is expected to be allocated from the Reserve, then a business case must be provided and allocated in accordance with established procedures and the Minister’s published policy on allocations from Reserves. For the avoidance of doubt, a letter of comfort in itself does not provide approval of additional funding. It is an interim measure to permit urgent Government business to proceed.

4. Minimising additional resource requirement

Accountable Officers in receipt of a letter of comfort must make all reasonable efforts to minimise additional funding needed and to identify opportunities to meet those additional costs from within existing resources provided that does not undermine the ability of the Department to deliver its departmental objectives. The amount ultimately approved from the Reserve will be reduced if it becomes apparent the department is able to meet the costs from within existing approved expenditure limits, has spent approved funding for a different purpose or has not attempted to minimise additional requirements.

5. Managing the Reserve

Once a letter of comfort is issued the Treasurer of the States must ensure the Reserve is not over-committed if all letters of comfort issued are to be met in full.

6. Letters of comfort relating to heads of expenditure for which the Treasurer of the States is Accountable Officer 

Where a proposed letter of comfort would give assurance of potential additional funding for the Treasury and Exchequer head of expenditure or any other head of expenditure for which the Treasurer of the States is the Accountable Officer, the Minister for Treasury and Resources must consult the Principal Accountable Officer (PAO) before the letter is sent. If the PAO objects, then the Minister must state this in their letter.

7. Publication to the States Assembly

The Minister must publish a list of all letters of comfort issued during the preceding six-month period in their Semi-annual update, published in accordance with Article 23 of the Public Finances (Jersey) Law 2019.

Civil Asset Recovery Fund

Introduction and background

This section of the Manual only applies to forfeited funds actually paid into the Civil Asset Recovery Fund. Until then if funds or assets are being held by the Viscount subject to a Court order, they are the responsibility of the Viscount.

The States of Jersey is committed to the international fight against organised crime and places great importance on maintaining high standards in anti-money laundering practices and in ensuring that the perpetrators of such crime are not able to gain financially from their crimes.

The Island’s legal and enforcement services are well aware that serious and organised crime heads use their resources to keep themselves distant from the crimes they are controlling and to mask the criminal origin of their assets, so that the assets appear legitimate. The Civil Asset Recovery (International Co-operation) (Jersey) Law 2007 (the Law) is one piece of the Island’s legislation which enables Jersey to play its part in the forfeiture of the proceeds of crime and unlawful conduct.  This Law enables assets to be removed in Jersey’s civil court system without a criminal conviction, on the balance of probabilities that the assets in question represent the proceeds of crime, or of unlawful conduct.

The Civil Asset Recovery Fund is established under Article 11 of the Law to receive forfeits under the Law (and any other Law under which money recovered by any process is required to be paid into the Civil Asset Recovery Fund). This includes money obtained:

  1. by the Viscount, including through the sale of property (the Law provides the relevant details on the terms attached to any such sale); or 
  2. under an asset sharing agreement, (being any agreement or arrangement made by or on behalf of Jersey with a country or territory outside Jersey for the sharing of the proceeds of unlawful conduct that, as a result of mutual assistance in proceedings (other than criminal proceedings), have been confiscated or forfeited either in Jersey or elsewhere).

Money in the Civil Asset Recovery Fund is managed and controlled by the Minister for Treasury and Resources and is available for the following purposes:

  1. to discharge Jersey’s obligations under any asset sharing agreement
  2. to pay the Viscount:
    • for managing property (including expenses reasonably incurred in managing that property) that has been vested in him or her under the Law. The Law also provides protection to the Viscount if it is necessary for them to take action under a property restraint order in relation to property which is not liable to be dealt with under an external civil asset recovery order: and
    • any amount required to be paid to the Viscount under any other Law under which money recovered by any process is required to be paid into the Civil Asset Recovery Fund
  3. to meet expenses reasonably incurred by the Minister in administering the Civil Asset Recovery Fund
  4. to meet expenses reasonably incurred by the Attorney General in the discharge of his or her functions under:
    • this law, and
    • any other Law under which money recovered by any process is required to be paid into the Civil Asset Recovery Fund

The Law also provides protection to the Viscount if it is necessary for him/her to take action under a property restraint order in relation to property which is not liable to be dealt with under an external civil asset recovery order.

Principles

1. Money confiscated in accordance with the Law should be promptly collected and banked to the extent practicable.

[It may take significant time for asset sharing agreements and litigations to be concluded and the Viscount may seize and manage portfolios of money, shares, unit trusts and other assets before they can be formerly collected and banked within the Civil Asset Recovery Fund.  These assets are subject to the Court’s direction].

2. Expenditure which can be legally incurred from the Civil Asset Recovery Fund should follow all relevant procedures set in the Manual for expenditure and procurement.

3. Where an asset is recovered in a foreign currency and paid into the Civil Asset Recovery Fund the Treasury and Exchequer should be notified so that consideration can be given to the most appropriate way to manage any foreign exchange exposure.

[The Viscount may hold foreign currency before the court directs forfeiture and payment into the Civil Asset Recovery Fund. It is for the Viscount to decide how this is held until the Court orders otherwise].

Requirements

1. Investing of unallocated funds

The Treasurer of the States must ensure that all unallocated money within the Civil Asset Recovery Fund is held in an appropriate bank account and that any interest due is paid into the Fund.

2. Expenditure

The Treasurer of the States must ensure that only expenditure within the terms of the legislation governing the Civil Asset Recovery Fund is met directly from the Fund and that this is paid in line with legal agreements.

3. Financial year end

At the end of each financial year, the Treasurer of the States must ensure that any money remaining in the Fund which is not required to meet any future obligations under the terms of the Fund must be paid into the Consolidated Fund. For this purpose the Treasurer must obtain confirmation from the Attorney General that any money is not needed to meet any future obligations under the terms of the Fund.

4. Reporting

Details on the financial affairs of the Civil Asset Recovery Fund must be reported in the States of Jersey’s Annual Report and Accounts.

Court and Case Costs Smoothing Reserve

Introduction and background

This section applies to the following States Bodies and non-Ministerial Departments: 

  • Bailiff’s Chambers
  • Customs and Immigration (within Justice and Home Affairs)
  • States of Jersey Police
  • Jersey Probation Service
  • Judicial Greffe
  • Law Officers’ Department
  • Office of the Lieutenant Governor
  • Viscount’s Department
  • Department for the Economy – funding for Jersey Competition Regulatory Authority

The Minister for Treasury and Resources may amend the above list but cannot exclude a body or department included in the list without prior consultation with that department. If the Minister adds a body during a financial year they should ensure that the financial needs of the existing bodies for Court and Case Costs can still be met in that year.

For the avoidance of doubt, Court and Case Costs expenditure is allocated by the States Assembly in an approved Government Plan for use by those States Bodies and non-Ministerial Departments who are responsible for and/or involved in the administration of the justice system.  In relation to the Jersey Competition Regulatory Authority this is limited to court related costs incurred in carrying out that Organisation’s regulatory and competition law functions, with funding requirements progressed through the Department for the Economy.  

Should an Accountable Officer wish to reprioritise funding allocated for Court and Case Costs they must follow the Expenditure and procurement section of this Manual and specifically Requirement 19 - Sufficient budget to commit expenditure and to consult with their Head of Finance Business Partnering before seeking the formal approval of the Minister for Treasury and Resources.

The Court and Case Costs Smoothing Reserve, part of the Reserve head of expenditure, controlled by the Minister for Treasury and Resources, provides the mechanism for the States of Jersey to fund peaks and troughs in Court and Case Costs.  In years where Court and Case Costs expenditure is lower than budgeted, budget surpluses are allocated to the Court and Case Costs Smoothing Reserve to build capacity for the future.

As part of the Government Plan process the level of funding within the Court and Case Costs Smoothing Reserve will be reviewed and replenished, as appropriate, with transfers made, where possible, from any of the following sources:

  • underspends from the previous year’s departmental allocations for Court and Case Costs
  • the Criminal Offences Confiscation Fund (in accordance with article 24 of the Proceeds of Crime (Jersey) Law 1999) 
  • the Reserve head of expenditure

Should these sources be insufficient to meet forecast expenditure the States Assembly can make an allocation to the Reserve within a Government Plan.

A Court and Case Costs Review Group exists to ensure that there is a co-ordinated and consistent approach in forecasting and reviewing Court and Case Costs expenditure and in identifying funding options.  The Review Group comprises representatives from Treasury and Exchequer and those Departments who incur Court and Case Costs as defined in the Group’s Terms of Reference. The Group’s Terms of Reference require that all significant cases, including those that may draw on the Court and Case Costs Smoothing Reserve, are notified to Treasury and Exchequer as soon as possible.

Requests for funding from the Court and Case Costs Smoothing Reserve must be approved by the relevant Accountable Officer or Minister, where applicable.  Users should also refer to the Statement of the Minister for Treasury and Resources on “Procedures for allocations from the Reserve” which provides more detail on procedures to be followed to access the Court and Case Costs Smoothing Reserve funding.  The most up to date version is available on the States Assembly’s website - Reports section.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • government plan and budgeting
  • expenditure and procurement
  • Income
  • reserve head of expenditure.

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section, include: 

  • the States or Government of Jersey’s reputation may be compromised as a result of poor control of Court and Case Costs
  • the competition process and subsequent award of external contracts for legal work (where it is appropriate and practicable to adopt that process) is not open, fair or transparent and could be subject to legal challenge
  • Court and Case Cost expenditure is not properly authorised
  • money allocated for Court and Case Costs is spent on areas of expenditure outside the remit defined in the Court and Case Cost Review Group’s Terms of Reference
  • the cost of pursuing or defending a case is inefficient or unduly expensive in relation to the issue being litigated
  • budget overruns become a burden on the Treasury and Exchequer

Principles

1. Budgets within departments and bodies for Court and Case Costs should be set which are realistic and assume that there are a set number of smaller and larger cases each year.   

2. All Court and Case Cost expenditure should be correctly authorised and recorded as such. 

3. Accountable Officers should, to the extent practicable, ensure that the procurement process is open, fair and transparent. It is recognised that in certain instances including to manage actual or potential conflict or due to the nature of the expertise or resource required or due to confidentiality issues that different processes may need to be followed.  

4. At the end of each financial year under spends on budgets for Court and Case Costs will, subject to approval of the Minister for Treasury and Resources, be transferred to the Court and Case Costs Smoothing Reserve.  Underspends will not be available for other purposes except with the express approval of the Minister for Treasury and Resources. 

5. Any costs awarded by the Courts in favour of the States or otherwise recovered by a department should be recorded as recovery of costs.  If funding from Court and Cases has previously been used for this case, the appropriate proportion of the recovered costs is to be repaid to the Court and Case Costs Smoothing Reserve.  In certain instances, the department may seek approval from the Minister for Treasury and Resources to utilise any recovered costs to meet additional Court and Case Costs expenditure.

6. Court and Case Cost budgets may be used to fund court awards of costs against the States or Government, but should not be used to pay damages awarded by court without the express approval of the Treasurer of the States.

Requirements

​1. Schemes of Delegation

Accountable Officers must, when appropriate, ensure that expenditure on Court and Case Costs is addressed in departmental Schemes of Delegation relating to expenditure.

2. Expenditure controls

Accountable Officers must ensure that there are appropriate controls and procedures in place over the Court and Case Cost expenditure process to ensure the effective and efficient use of resources.

3. Approval

The Court and Case Costs Review Group will assess requests for Court and Case Costs Smoothing Reserve funding prior to submission to Treasury and Exchequer.  In instances where this is not possible Accountable Officers must, as soon as practicable, and prior to committing any unfunded Court and Case Costs expenditure, notify the Treasurer of the States of any anticipated expenditure including an estimate of the total cost that may not be met from within existing budgets.  In all cases the Treasurer of the States must ensure that the relevant approval process for Smoothing Reserve funding is followed. 

Neither the Treasurer of the States nor the Minister for Treasury and Resources will make any decision on the appropriateness of pursuing any Case.

4. Value for money

Accountable Officers must primarily ensure that procedures are in place to achieve value for money in the procurement of legal services and advice so far as is practicable.  The best way of achieving this is through either the Procurement Best Practice Procedures Toolkit, unless an exemption has been approved (using the online Exemption process), or any other approved procedures (including those which may relate to a Legal Aid system).  Where it is not practicable to follow pre-set procedures, relevant exemptions must be approved or supporting documentation retained to support the course of action taken.

The Law Officers’ Department has established procedures for appointing external Crown Advocates, external counsel, and external advocates undertaking adult and children’s safeguarding cases.  There are set fixed rates and set discounted hourly rates​ for this work.  Provided those rates are applied there is no need for that department to undertake any additional procurement process or complete an exemption form for a case where the costs exceed “Group 2 category” as defined in the Procurement Toolkit.

5. One-off expensive cases

Exceptionally, an Accountable Officer may identify a one-off potentially expensive case that needs funding outside of the normal Court and Case Costs Smoothing Reserve limits. The Accountable Officer must ensure that Treasury and Exchequer are notified of any such case as soon as possible and before any expenditure is committed. In such cases other provisions within this Manual must be followed (for example for Allocations from the Reserve).

6. Reporting

As part of the statutory reporting requirements the Minister for Treasury and Resources must report to the States at six monthly intervals regarding any transfers from the Court and Case Costs Smoothing Reserve identifying the head of expenditure to which it was applied.

7. Payment of damages

Approval of the Treasurer of the States must be sought before any court-awarded damages are paid from Court and Case Cost budgets. Those budgets may be used to pay awards of costs by a court.

8. Reprioritisation of Court and Case Costs budgets

Accountable Officers must not reprioritise funding allocated for Court and Case Costs without seeking the formal approval of the Minister for Treasury and Resources, and following consultation with their Head of Finance Business Partnering. This is in accordance with the Expenditure and procurement section of this Manual and specifically Requirement 19 - Sufficient budget to commit expenditure.

Financing

Financing or borrowing

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides guidance on borrowing by the States of Jersey.

For the purpose of setting maximum limits, borrowing is defined as the acquisition of funds or assets from a body other than a States Body with an obligation to repay those funds. This definition also includes the permanent (or potentially permanent) acquisition of an asset with an obligation to pay for that asset over a period longer than 90 days.

Borrowing or debt financing represents a key balance sheet item of the States of Jersey. As such, a clear understanding of how this balance changes and is serviced and repaid is required to ensure that stakeholders fully comprehend the potential long-term impacts on the States and future generations. Further reference should also be made to the covenants provided and to the cost of servicing. A mismanagement of borrowing by the States of Jersey could generate substantial risk to the Island’s financial stability for years to come.

The following types of borrowing fall within the remit of the Public Finances Manual:

  • loans from externalinstitutions e.g. banks
  • issuance of bonds
  • the assignment of debt from a third party
  • guarantees or indemnities in the States of Jersey’s name (in which case the liability will be taken to be the amount borrowed for the purpose of calculating overall State of Jersey borrowing limits) – these do not include “letters of comfort” issued by the Minister for Treasury and Resources to protect certain bodies against interest rate increases
  • bank overdrafts and overdraft facilities

The following are classified as financing for the purposes of calculating the financing limits which the Minister for Treasury and Resources may enter in to under the terms of the Public Finances Law Article 26(3) and (4):

  • the assignment of debt from a third party
  • loans from external institutions
  • the issuance of bonds

Accountable Officers in States Bodies with a responsibility for the oversight of Arm’s-Length Organisations should consider the potential for external providers of capital to Arm's Length Organisations to consider that the States of Jersey could implicitly guarantee that capital e.g. if an Arm's Length Organisation enters into a loan agreement with a bank, irrespective of the terms of the agreement there may be an underlying expectation that the States of Jersey will ensure that the loan is repaid in the event of a default. As such, any borrowing made by these organisations should be carefully monitored, reviewed periodically and notified to Treasury and Exchequer (Investment Management). The Accountable Officer should ensure sufficient information is received to understand, and if required, manage any risk of default. For the avoidance of doubt, while there may be a perception that such implicit guarantees extend to the finances of the Parishes, they are entirely independent of the States of Jersey and as such, the information requirements as described above cannot be applied to them.

Users of the Public Finances Manual should refer to other sections, as well that are relevant. Specifically, this includes:

  • assets
  • banking
  • expenditure
  • fraud
  • income
  • leases

In addition to the common risks identified in the background and introduction section of the Manual a number of significant risks relating to this section include:

  • borrowing is not appropriately authorised
  • approved annual and or total borrowing limits of the States of Jersey and the Minister for Treasury and Resources are exceeded
  • total borrowing exceeds the maximum permissible amount
  • the total borrowing limit is incorrectly calculated
  • the same assets are used to secure more than one loan
  • the States Body is unable to service its debt
  • borrowing is carried out directly by States Bodies; only the Treasurer of the States (or the States of Jersey on the Minister’s recommendation) can borrow
  • the States or Government of Jersey has inadequate methods of monitoring its borrowing arrangements and debt levels
  • the States Assembly does not have a complete view of borrowings undertaken by the States or Government of Jersey

Principles

1. Borrowing should not be carried out without appropriate authorisation.

2. Accountable Officers should ensure that there is no activity carried out within their States Bodies that meets the definition of borrowing unless it has been approved in a Government Plan or, where appropriate, by the Minister for Treasury and Resources.

3. Total borrowing by the States of Jersey should be monitored against approved limits set in the Public Finances Law or by the States Assembly periodically, at least on a six-monthly basis. Annually, a total of the aggregated borrowings made by the States of Jersey and all organisations which are within the scope of the Financial Statements of the States of Jersey as prescribed by the Jersey Financial Reporting Manual must be reported.

Requirements

1. Borrowing proposals

States Bodies making borrowing proposals for consideration by the Treasurer of the States for inclusion in the Government Plan must provide a business case for such borrowing to be undertaken, including the full cost implications of the borrowing, comparisons with other methods of funding, and the funding sources for repayments and servicing of the borrowing. In addition, possible restrictive covenants should be considered as restrictions in respect of cash limits, interest cover, etc. may impact on other planned expenditure, reducing the ability of the States of Jersey to respond to new challenges.

2. Cost of borrowing

All costs of borrowing must be met by the States Body on whose behalf the finance is obtained. The cost of borrowing must be adequately reflected in the States Body’s financial reports.

3. Treasurer of the States requirements

When requested, Accountable Officers must submit promptly to the Treasurer of the States, information relating to borrowing, in a form which is compliant with the Jersey Financial Reporting Manual or the relevant States of Jersey accounting policies.

4. Name of borrower

All borrowing must be in the name of the States of Jersey or the relevant Specified Organisation or Arm’s Length Organisations.

5. States Assembly approval

All requests for borrowing other than those approved by the States Assembly in the Government Plan, regardless of limit, must be referred to the Treasurer of the States for approval before submission to the Minister for Treasury and Resources.

6. Notifying the Treasurer of the States

States Bodies must not enter into any new borrowing, without first notifying the Treasurer of the States and obtaining approval to do so. 

7. Finance or borrowing limitations

It is the responsibility of the Treasurer of the States to ensure that limits on borrowing in the Public Finances Law or Government Plan are not exceeded without the prior approval of the States Assembly. Under the Law the Minister can finance up to £3 million in a financial year. The total outstanding amount of financing of this type at any given time must not exceed £20 million, these financial limits may be modified by the States Assembly. This is in addition to any financing approved by the States in the Government Plan. For the purposes of those limits, borrowing refers to borrowing money, i.e. the raising of finance - receiving money with an obligation to pay back the same amount plus further consideration. It includes:

  • the assignment of debt from a third party​
  • loans from external institutions
  • the issuance of bonds

8. Exceeding limitations

Borrowing in excess of the Ministerial limitations set in the Public Finances Law has to be approved as part of the Government Planning process.

9. Reporting additional borrowing

Information on additional borrowing as well as the aggregate debt position of the States of Jersey must be reported to the States Assembly on a six-monthly basis by the Minister for Treasury and Resources.

10. Requirements for specified organisations

The circumstances under which Specified Organisations may borrow, as well as the applicable terms, must be set out in the relevant Memorandum of Understanding and associated documents. Specified Organisations should first consider borrowing directly from the States of Jersey before obtaining any external financing.

11. Contingent liabilities requirements

  • the Treasurer of the States must be notified of all of the States of Jersey’s contingent liabilities to enable a record of contingent liabilities to be maintained and to assist with the compilation of notes to the accounts.
  • the majority of contingent liabilities do not arise as an intended consequence of an action by a States Body. However, any prospective contingent liability in the form of a guarantee or indemnity must be approved by the Treasurer of the States who will advise on any budgetary implications if the contingent liability gives rise to a financial guarantee contract
  • a careful appraisal of the risks, including the legal aspects, should be carried out before accepting any contingent liabilities. In all cases, steps should be taken to restrict the total contingent liability to a minimum e.g. by carefully specifying the duration, the extent and the conditions attached to guarantees
  • a contingent liability may arise due to a complaint, a legal claim or other matter. When such a matter arises, the Accountable Officer should notify the Treasurer of the States and the Group Director, Strategic Finance, and provide periodic updates at a time specified by each

12. Crystallised contingent liabilities

If a contingent liability crystallises then the relevant States Body must consider, in consultation with the Treasurer of the States, whether an immediate report should be made to the States Assembly or if this is better addressed during the six-monthly updates. The report should explain the circumstances in which the liability has crystallised and the amount involved.

13. States of Jersey duties in relation to Arm's Length Organisations’ (as defined in the Public Finances Manual) contingent liabilities​

The contingent liabilities are not normally under the direct control of the States of Jersey. However, any contingent liabilities which they are unable to meet from within their own resources could then fall to the States of Jersey to repay. As such, each sponsoring States Body should therefore have adequate arrangements in place to ensure that the acceptance of contingent liabilities by Arm's Length Organisations concerned is consistent with the written agreement between the Arm's Length Organisation and the States of Jersey, and that, in the event of the contingent liabilities crystallising, the States Body would have the ability to meet the costs from within their own resources. These arrangements must be reviewed and the findings reported at least annually to ensure appropriate provisions can be made.

Guarantees and indemnities

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides advice on the issuance of guarantees and indemnities by the States of Jersey.  This advice also covers any guarantee or indemnity pro​vided from a States Fund where the Fund’s terms of reference allow for these arrangements. A guarantee does not include 'letters of comfort' issued by the Minister for Treasury and Resources to housing associations to protect against interest charges.

This section does not apply to transactions entered into by the Viscount directly, or as Delegate for those who lack capacity to manage their own property and affairs. In the main these relate to property transactions and as such are outside of the remit of this policy. 

For the purposes of this Section:

  • ​a guarantee is an agreement whereby a debt of a third party will be repaid to a lender by the States of Jersey, if the third party, who has primary responsibility to settle the debt, defaults
  • an indemnity is a contractual agreement made between a third party and the States of Jersey where the States of Jersey agrees to pay for losses or damages suffered by the third party in certain situations. An indemnity in its widest terms is recompense for a loss or liability

This section does not apply to standard indemnities in property leases.

It is possible for a guarantee scheme to be approved which covers smaller guarantees within an overall limit.

The Public Finances (Jersey) Law 2019 (Article 28) permits the Minister for Treasury and Resources to provide guarantees or indemnities in the name of the States up to a total value of £3 million in a financial year, provided that the grand total of all guarantees and indemnities provided in this way does not exceed £20 million. Above these amounts any further guarantees and indemnities can only be approved by the States Assembly, under Article 29 of the Public Finances (Jersey) Law 2019. The Minister may delegate his or her powers.

As the issuing of a guarantee or an indemnity represents a disclosable item within the Annual Report and Accounts for the States of Jersey it is important that there is a clear understanding of the potential financial implications to the States of Jersey and to any departmental head of expenditure if there is a default or need to cover the costs of an indemnity. 

Proportionate due diligence must be undertaken prior to any proposed guarantee or indemnity being offered to organisations external to the States of Jersey. There should be a formal assessment of the organisation’s financial standing and proper consideration as to whether the organisation is in a position to satisfy the terms of any agreement and if the issuance of a guarantee is the best and most cost-effective means of supporting the organisation.  As part of the due diligence process consideration must be given to the financial impact to the States and to managing any risk if there is a default which activates a guarantee or if a loss covered by an indemnity materialises. The States’ risk appetite should be considered for each individual occurrence.

Users of this section should refer to other sections of the Public Finances Manual that are relevant including:

  • expenditure and procurement
  • financing or borrowing
  • lending
  • risk management

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • unauthorised issuance of guarantees and indemnities is carried out in breach of the Public Finances (Jersey) Law 2019 or other Laws
  • guarantees and indemnities authorised by the Minister for Treasury and Resources exceed limits set in the Law
  • ineffective due diligence procedures result in the States of Jersey being required to meet the costs of the guarantees and indemnities  
  • the total value of guarantees and indemnities is incorrectly calculated
  • fraud is committed through deliberate and calculated actions which ensure that terms of a guarantee or indemnity are actioned incorrectly​

Principles

1. All guarantees and indemnities should be in the name of the States of Jersey.

2. Accountable Officers cannot independently authorise a guarantee or indemnity. A States Body may request that Treasury and Exchequer issue a guarantee or indemnity, which is made directly from Treasury and Exchequer. All guarantees and indemnities regardless of limit must be approved by Treasury and Exchequer.

3. All guarantees and indemnities should be appropriately authorised and undertaken in accordance with the Public Finances (Jersey) Law 2019, this Manual and any other relevant States of Jersey policies.  Guarantees and indemnities are approved in the Government Plan with the Minister for Treasury and Resources able to approve guarantees/indemnities within defined financial limits.

4. Due diligence procedures should be undertaken with regard to any proposed guarantee or indemnity to third parties, culminating in a formal assessment of the financial standing and an assessment as to whether or not the organisation requesting the guarantee or indemnity is likely to be in a position to satisfy the terms of the guarantee or indemnity. Diligence should have regard to the States’ risk appetite.

5. States Bodies should be able to justify guarantees or indemnities and confirm that they do not give the recipient an unfair competitive advantage in a market.

6. States Bodies should monitor bodies to whom a guarantee or indemnity has been given to assess the likelihood that the liability will be triggered.

7. States Bodies should ensure early discussion with Treasury and Exchequer when there is concern about the ability of a recipient of a guarantee or indemnity in meeting the terms of any agreement.

8. Accountable Officers should ensure there is no activity carried out by their States Body that meets the definition of a guarantee or indemnity unless conducted in accordance with the requirements of this section. 

Requirements

1. Decision making

States Bodies must not enter into any guarantee or indemnity arrangements without the approval of the Minister for Treasury and Resources or as part of an approval within a Government Plan.

Accountable Officers must consider the full financial implications of a guarantee or indemnity, assess the risk and compare these with other alternative courses of action. The financial implications should be considered over the whole life of the proposed guarantee or indemnity.

2. Requesting a guarantee or indemnity

A States Body making a request for a guarantee or indemnity for inclusion in the Government Plan or for approval by the Minister for Treasury and Resources must make a written request, through the Accountable Officer, to Treasury and Exchequer. This request must include:

  • details of how granting the guarantee or indemnity will contribute to the States Body's/States Strategic Priorities
  • the proposed recipient of the guarantee or indemnity
  • the amount of the guarantee or indemnity
  • the purpose for which the guarantee or indemnity will be used
  • the reasons, both financial and non-financial, for issuing a guarantee or indemnity as opposed to any other course of action, including specific measurable objectives for the success of a guarantee or indemnity
  • confirmation that the States Body has given consideration to how the costs of any default of a guarantee or indemnity will be funded
  • any other terms and conditions of the proposed guarantee or indemnity
  • an assessment of the risk of the guarantee recipient not being able to meet the terms of the arrangement and that this falls within the risk appetite of the States Body
  • any conditions which may apply to reclaim States support if the financial position of the recipient changed in the future

3. Risk management

The States Body requesting the guarantee or indemnity must consider the risk to the States of Jersey of the proposed course of action including the implications if the guarantee or indemnity is called in. These considerations must be documented and provided to Treasury and Exchequer.

4. Security

Once a guarantee or indemnity has been approved the Treasurer of the States must ensure that the appropriate legal agreement is drafted, agreed and signed.  

5. Monitoring of limits

The Treasurer of the States must ensure that total limits on guarantees and indemnities set in the Public Finances (Jersey) Law 2019 or Government Plan are monitored and not exceeded. 

6. Name of guarantee or indemnity

All guarantees and indemnities must be provided in the name of the States of Jersey.

7. Contingent or actual liability

The Treasurer of the States must be notified if there is a possibility that a guarantee or indemnity will need to be called in. If a guarantee or indemnity is likely to crystalise then the relevant States Body must consider, in consultation with the Treasurer of the States, whether an immediate report should be made to the States Assembly or if this is better addressed during the six-monthly updates published by the Minister for Treasury and Resources. The report should explain the circumstances in which the liability is expected to crystallise, the amount involved and how this will be funded. If a guarantee or indemnity was requested by an Accountable Officer, and the guarantee or indemnity results in an actual liability to the States, the cost must be met from within the budget available to that Accountable Officer. If the cost cannot be met in this way the Accountable Officer concerned must submit a business case requesting additional funding to the Minister for Treasury and Resources.

8. Reporting 

When requested, Accountable Officers must submit promptly to the Treasurer of the States any information relating to guarantees or indemnities in a form which is compliant with the JFReM (within supporting documents). 

The Treasurer must ensure that all guarantees and indemnities issued under powers in the Law are reported to the States Assembly as part of the six-monthly updates published by the Minister for Treasury and Resources and in the States of Jersey’s annual report and accounts. 

9. Indemnities in property leases

Jersey Property Holdings are not required to seek approval from Treasury and Exchequer for the inclusion of standard indemnities in property leases. However, the Accountable Officer responsible for Jersey Property Holdings must ensure that:

  • a register is maintained of all leases that include indemnities
  • any indemnity in a property lease which creates a potential uninsured liability to the States of £50,000 or more is quantified and notified to the Treasurer of the States​

10. Indemnities in standard contract terms and conditions

Accountable Officers are not required to seek approval from Treasury and Exchequer for the inclusion of standard indemnities in either States of Jersey or third party standard contract terms and conditions. However, Accountable Officers must notify Commercial Services of any indemnity considered to be outside of standard terms for that type of contract. If Commercial Services propose to include such an unusual indemnity they must inform Strategic Finance within Treasury and Exchequer. 

Accountable Officers must consult Commercial Services for any draft contract with a total value in excess of £50,000 where the supplier is seeking use of their own terms and conditions. This requirement does not extend to contracts entered into be the Viscount for seizures and management of seized assets that would not normally involve Commercial Services.

Lending

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and, where appropriate, loans from States Funds, and provides guidance on all lending by the States of Jersey in accordance with the Public Finances Law.

For the purposes of this section, lending is defined as the transfer of money to a third party under an agreement that requires repayment of a specified amount at a specified time or times.

This section addresses the responsibilities of the Accountable Officer of a States Body in ensuring compliance with the requirements of the States of Jersey on lending and in ensuring that loans are repaid in accordance with the agreed terms.

The section does not apply to loan schemes which have been established by separate legislation (for example, Agricultural Loans). The value of these loans will, however, be taken into account when calculating overall lending limits, as defined in the Public Finances Law and by the States Assembly.

Non-lending transactions

For the purposes of this section the following transactions are not deemed to be lending:

  • payment for care while awaiting curatorship
  • loans of equipment
  • payment for anyone supporting someone which will later reimbursed
  • payment of rental deposits for Licensed employees
  • payroll advances
  • advances of foreign currency for travel
  • spending charged to Gift Funds and settled at the year end

Lending from Gift Funds will also not be classified as lending for the purpose of this Section since the money is not part of States Funds.

Users of this section should refer to other sections of the Public Finances Manual that are relevant including:

  • financing
  • expenditure
  • fraud

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • unauthorised lending is carried out in breach of the Public Finances (Jersey) Law 2019, or other Laws or relevant States or Government of Jersey policies
  • lending limits on the value of the individual loans authorised by the Minister for Treasury and Resources or States Treasury and Exchequer are exceeded
  • ineffective due diligence procedures result in lending which the borrower is unable to repay
  • fraud is committed through deliberate and calculated loan write-offs
  • lending is inadvertently subsidised, with the final charges resting on the States or Government of Jersey
  • total lending exceeds the maximum permissible amount
  • the total lending limit is incorrectly calculated

Principles

1. All lending should be in the name of the States of Jersey or, in the case of Arm’s-Length Organisations, the body itself.

2. With the exception of Arm's Length Organisations, Accountable Officers cannot independently authorise the issuance of a loan. A States Body may request that Treasury and Exchequer makes a loan, which is made directly from Treasury and Exchequer. All lending regardless of limit must be approved by Treasury and Exchequer.

3. In the case of Arm's Length Organisations, the sponsoring States Body should monitor any lending carried out by the Arm's Length Organisation.

4. All lending should be appropriately authorised and undertaken in accordance with the Public Finances (Jersey) Law 2019, this Manual and any other relevant States of Jersey policies.

5. Due diligence procedures should be undertaken with regard to any proposed loan to third parties, culminating in a formal assessment of the borrower's financial standing and an assessment as to whether or not the borrower is likely to be in a position to satisfy the terms of the loan.

6. States Bodies and Specified Organisations should have clear policies and procedures for credit control and must ensure that loan agreements are clear with necessary covenants in place to ensure recovery of the loan. Proper credit record checks for all potential third party borrowers should be done. This should include setting credit limits.

7. States Bodies should be able to justify loans that are on commercial terms and do not give the recipient an unfair competitive advantage in the market to organisations that compete with the Private Sector (e.g. Arm's Length Organisations).

8. States Bodies should ensure early discussion with Treasury and Exchequer when there is concern about the security of any of loans to third parties. 

9. States Bodies should consult Treasury and Exchequer regarding any proposals involving loan repayments and write offs.

10. Accountable Officers should ensure there is no activity carried out by their States Body that meets the definition of lending above unless conducted in accordance with the requirements of this section. E.g. offering extended credit terms to a specific person or organisation.

11. Total and annual lending by the States of Jersey should be monitored against the limits set out in the Law and Government Plan on a quarterly basis. 

12. All lending carried out under powers in the Law should be reported to the States Assembly as part of the Semi-Annual Updates.

Requirements

1. Decision making

Before a decision is made to consider lending in any form, Accountable Officers must consider the full financial implications (including tax implications) and compare these with other alternative courses of action. These implications should be considered over the whole life of the proposed loan.

2. Requesting funding

A States Body making a request for funds to make a loan must make a written request to Treasury and Exchequer. This request must include:

  • details of how making the loan will contribute to the States Body's Strategic Priorities
  • the proposed recipient of the loan
  • the amount of the loan
  • the purpose for which the loan will be used
  • the reasons (both financial and non-financial) for making a loan as opposed to any other course of action, including specific measurable objectives for the success of a loan
  • confirmation that the States Body is able to meet the cost of any interest subsidy plus the cost of repayments if the borrower defaults (if interest charged to the borrower is lower than that payable by the States Body) from within its approved expenditure
  • the period over which the loan will be repaid and the method of repayment
  • the proposed rate of interest to be charged
  • any other terms and conditions of the proposed loan
  • an assessment of the risk of non-repayment and confirmation that this falls within the risk appetite of the States Body
  • details of any security or guarantee to be taken in relation to the proposed loan

3. Risk management

In particular, the States Body requesting funds to make a loan must consider the risk to the States of non-repayment of the loan and should take appropriate security from the borrower on the amount lent if it is deemed appropriate. These considerations should be documented. In the event that security is taken a process for regular valuation (at least annual) of such security should be put in place alongside details of action to be taken in the event that the value of security is lower than the outstanding loan amount. In the event of default the outstanding balance, following the liquidation of any security will be debited against the approved expenditure of the States Body requesting funds to make a loan.

4. Security

All States Bodies should, where it would be practical and economic to do so, seek to establish a security (e.g. a fixed or floating charge) covering a loan to the Private Sector.

5. Lending limitations

It is the responsibility of the States Treasurer to ensure that limits on lending in the Public Finances Law or Government Plan are not exceeded without the prior approval of the States Assembly. Under the Law the Minister can lend up to £3 million in a financial year. The total outstanding amount of lending of this type at any given time must not exceed £20 million.

6. Surplus funds

Where the borrower has genuinely accrued surplus funds and proposes an early repayment, it must be agreed with Treasury and Exchequer beforehand. Such an agreement should also specify the applicable interest and principal amount payable and any early repayment penalties. 

7. Change of status

All loan agreements should include a clause such that should the borrower’s status change from Public to Private Sector, the loan must be repaid unless agreed otherwise with the States Treasurer. The timing and amount to be repaid must be agreed with Treasury and Exchequer.

8. Finance costs

All costs of financing the loan must be met by the States Body making the loan. The States Body requesting funds to make a loan will be charged interest on the sum lent at a rate as negotiated between the States Body and Treasury and Exchequer. If the rate received by the States Body exceeds the agreed rate the additional interest should be credited to the Reserve.

9. Accounting

The loan and any interest payable and receivable must be accurately reflected in the appropriate States Body’s accounts.

10. Reporting

When requested, Accountable Officers must submit promptly to Treasury and Exchequer information which is compliant with the Jersey Financial Reporting Manual and complies with the relevant States of Jersey accounting policies for all loans for the completion of the annual accounts. When requesting the information, Treasury and Exchequer will specify the format and content to ensure compliance.

11. Outstanding loans

Treasury and Exchequer will compile information from Accountable Officers on all outstanding loans on a six monthly basis for onwards reporting to the States Assembly by the Minister for Treasury and Resources.

12. Controls

Stricter controls should be applied when lending to organisations that compete with the Private Sector or those that are operating in commercial markets such as Arm's Length Organisations for the following reasons:

  • to avoid distorting competition in the markets in which these organisations operate
  • to deliver value for money for Treasury and Exchequer as a whole by maximising the efficiency and minimising subsequent cost of funds

13. Guarantees

Where guarantees are required during the lending process, the States Body should follow the guidance provided on guarantees in the Financing section.

14. Underperforming loans

Accountable Officers must notify Treasury and Exchequer whenever there is an indication that a loan may be underperforming, and agree the appropriate remedial action. Underperforming loans must be reported to Treasury and Exchequer on a monthly basis in the manner prescribed.

Investments

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and applies to all Investments made by Treasury and Exchequer or States Bodies, subject to relevant schemes of delegation.

This section applies to all investments administered by the Government of Jersey. The following is a non-exhaustive list of funds which currently hold investments:

  • Strategic Reserve Fund
  • Social Security (Reserve) Fund
  • Long-term Care Fund
  • Consolidated Fund
  • Currency Notes and Coinage Fund
  • Stabilisation Fund
  • Health Insurance Fund
  • Jersey Reclaim Fund
  • Various Trust and Bequest funds

The investment strategies and governance arrangements of the Pension Funds are subject to specific legislation. Accordingly, their investment strategies are outlined in separate published documents issued by their governing bodies.

This section also provides guidance on the expected requirements for staff administering investments, specifically:

    • what constitutes an investment
    • who is empowered to carry out investment management
    • limits around investment management activity
    • governance structure for investment management
    • the process for carrying out investment management (to include, selection/retirement of Investment Managers and advisers, reports to the States Assembly and Government of Jersey)

Users of this section should refer to other relevant sections of the Public Finances Manual. Specifically this includes:

    • funds
    • income

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

    • funds invested are mismanaged
    • the return on the funds invested are insufficient to meet the States or Government of Jersey’s Strategic Priorities
    • funds are not invested in accordance with the States or Government of Jersey’s risk appetite or investment strategy
    • public funds are invested without the appropriate authorisation
    • funds are placed in investments that are not in line with the ethical values of the States or Government of Jersey
    • investments are not accurately recorded or reported

Principles

1. Investments should be made in accordance with the States of Jersey’s risk appetite and investment strategy. In appointing Investment Managers to make investments on behalf of the States of Jersey, necessary steps must be taken to strike a balance between risk and return. 

2. The Minister for Treasury and Resources is responsible for the investment of money held by the Government or a States body. The Treasurer is responsible for ensuring that investment is carried out in line with the Minister’s Investment Strategy. 

Requirements

1. Authority to invest

The States Treasurer and Minister for Treasury and Resources are responsible for carrying out investment management in line with the Minister’s investment strategies presented to the States Assembly. Only Treasury and Exchequer staff can implement the investment decisions under the approval of the States Treasurer or Minister for Treasury and Resources. No other States Bodies are authorised to carry out investment management.

2. Investment Strategy

The Minister for Treasury and Resources must develop investment strategies for the funds with investable assets in excess of £1m for which they are responsible and present any review of those strategies to the Government of Jersey as soon as practical.The investment strategies must be monitored by officers of Treasury and Exchequer : Treasury and Investment Management on a regular basis. A programme should be maintained to ensure an appropriate periodic review of strategies is undertaken to confirm they remain appropriate. This should consider the minimum frequency with which reviews are undertaken and, where factors such as macro-economic shocks or other indicators of increased risk occur, consideration should be given to more frequent reviews.Where new funds are created either in legislation or via a States proposition consideration must be given as to whether these funds will hold monies over a long period of time, i.e. in excess of 2 years. In this situation, funds must have investment strategies developed to effectively manage the monies, maximizing returns within the agreed risk appetite and cash flow requirements.

3. Further considerations for investment strategiesWhen investment strategies are created for new funds, the following should be considered:

  • the strategic objective that the fund is seeking to achieve
  • the lifespan of the fund
  • the timing of cash flows and when money is likely to be required to be distributed
  • the risk appetite for the fund versus desired returns
  • if the fund is suitable for carrying out its investment in the Common Investment Fund
  • in the case of Trust funds, whether there are there any other parties which should be consulted in terms of their aspirations of fund returns (e.g. Trustees (such as Jurats acting as administrators), Trust Protector or separate Committees looking after the administration of the funds)
  • the appropriate fund benchmark(s) and performance targets that should be utilised during the life of the fund to measure performance
  • whether the fund should be prevented from investing in certain areas (e.g. Jersey) or asset classes in case of there being an economic downturn or for other specific reasons such as failing to comply with the Minister’s Responsible Investment Policywhat asset class diversification is required
  • whether there are any taxation implications which should be considered

4. Investment advice

The creation of investment strategies must be led by Treasury and Investment Management in consultation with other relevant States Bodies, the States of Jersey’s Investment Advisor and the Treasury Advisory Panel (which provides independent advice to the Minister and Treasurer). The States of Jersey’s Investment Advisor may be appointed by the Minister for Treasury and Resources to provide advice on the selection, monitoring and termination of Investment Managers, as well as the investment strategies of the funds. However, the Minister for Treasury and Resources and the States Treasurer remain responsible for the safeguarding and performance of the investments. The appointment of the States of Jersey's Investment Advisor should be undertaken in accordance with standard States of Jersey procurement practices and care should be taken to ensure appropriate due diligence is conducted and that there are provisions for the termination of the contract in the event of underperformance. In particular, consideration should be given to how an Investment Manager’s contract can be terminated in the event that they are removed from the States' Investment Advisors “buy-list”.

5. Appointment of Investment Managers

All Investment Manager appointments should be carried out in line with the Government of Jersey’s procurement process with the following exceptions;  

    • It is not required to an open tender to appoint new investment managers. Given the reliance placed on Investment Advisors’ operational due diligence assessment of potential managers, it is impractical to run an open tender for mandates given the high costs required to gain equivalent comfort over the internal controls of a manager unknown to the advisor. Secondly the complexity of portfolios requires the advisor to assess potential managers’ characteristics, including historic holdings, concentrations and correlation compared to existing managers in the portfolio. Obtaining, cleansing and validating data before the quantitative assessment across an open tender would be unnecessarily expensive.
    • It is not required to use a standard Government of Jersey Contract. Managers have complex and bespoke contracts specific to the service they provide. These contain a number of regulatory constraints and the standard Government of Jersey contract is not an appropriate proxy.
    • It is not required to include a set contract end date. Given the long term investment horizon of managers and the high cost of replacing managers a fixed term contract is not an appropriate mechanism for ensuring value for money.

Managers are instead subject to ongoing review to ensure they remain ‘best of breed’ and value for money. 

The appointment of Managers is expected to be subject to recommendation by members of the Treasury Advisory Panel and the process managed by officers of Treasury and Investment Management. It is expected the States Investment Advisor will recommend potential managers for review by the Panel.

For larger mandates, consideration should be given to appointing more than one Investment Manager.

Further due diligence must be carried out by officers of Treasury and Investment Management prior to the appointment of an Investment Manager, which comprises as follows:

    • legal due diligence – The Law Officers’ Department or external lawyers and the Government of Jersey’s Investment Advisor should provide views on legal and technical details for the contract. For the Pension funds, external lawyers may be used instead of the Law Officers’ Department
    • seek Investment Advisors relevant external benchmarking data for the short listed managers to supplement information gathered in the tender process in order to ascertain if there are any likely perceived risks – financial, organisational, systems, etc. Priority should be given to Investment Managers who are Buy-Listed by the Government’s Investment Advisor; consideration, however, should be given to the relationship with such Managers, should there be a downward rating. This should be addressed in the terms of reference

Prior to entering into a new contract, a Ministerial Decision or States Treasurer’s Decision must be prepared and authorised, appointing the new Investment Manager.

6. Pooling

All or any part of the money that the Minister is responsible for investing may be pooled and invested in the name “Treasurer of the States on behalf of the States of Jersey – Common Investment Fund”. However, money of a States Fund must not be invested in a manner that is inconsistent with any applicable enactment or instrument that established the Fund and money held in trust must not be invested in a manner that is inconsistent with the trust.

7. Investment monitoring

The Committee or Panel must monitor investment performance regularly. As a minimum, investments should be monitored on a quarterly basis by the Committees or Panel. Monitoring may include considering and verifying the following:  

  • the investments are being managed in accordance with the appropriate regulations and terms of reference
  • how the investments have performed over the last quarter compared with appropriate pre-determined benchmarks and performance targets
  • how the investments have performed over the last year compared with appropriate pre-determined benchmarks and performance targets
  • how the investments have performed over the last three years compared with appropriate pre-determined benchmarks and performance targets (this is only appropriate where long-term performance is relevant)
  • the economic, market and political factors that should be taken in to account when considering performance (this view is usually provided by the investment advisor)
  • how the individual investment managers have performed against the benchmarks set
  • whether there have been any ownership, management or organisational changes or reputational issues for Investment Managers which could put the stability of investments at risk
  • whether there have been any significant changes in relation to the longevity of the fund and or a change in its direction which may require a change in the long term investment strategy for the fund – and whether the benchmarks or the strategic ranges should be changed as a result
  • whether the safe custody arrangements remain robust and continue to safeguard the assets of the funds at risk

8. Performance meetings

On a regular basis all investment managers must be asked to attend performance meetings to discuss the performance of the assets they manage and share their vision for the future of these funds’ investment returns. This will typically be on a three year rolling cycle unless the investment manager is downgraded by the Government’s Investment Advisor or are deemed to warrant additional attention either by the Treasury Advisory Panel or officers of Treasury and Investment Management, in which case they should be invited to attend a meeting as soon as is practical to determine how to proceed.

9. Further duties

The Committee or Panel are responsible for considering performance of the investment managers and must make a timely recommendation for the termination of a manager to the States Treasurer or Minister for Treasury and Resources when that manager continually underperforms. In addition to the monitoring of performance by the Committee or Panel, Treasury and Investment Management must

  • put in place an appropriate risk matrix with associated mitigations and controls to ensure that all of the funds’ investments are being managed in accordance with mandates.
  • ensure that investment managers reconcile asset balances with custodians , within the agreed tolerance range for the asset class (which is set by the States Treasurer)
  • prepare regular performance reports in the prescribed form for all States of Jersey funds and circulate them to the relevant Committee or Panel and officers of the States of Jersey, including the States Treasurer
  • review the underlying assets of the funds and ensure they continue to be invested in accordance with the Minister’s published investment strategies
  • challenge investment managers where appropriate in relation to performance
  • prepare a performance report for all States of Jersey funds and present it to the States of Jersey in a timely manner for inclusion in the six-monthly update delivered by the Minister for Treasury and Resources to the States Assembly
  • notify custodians of any changes to the benchmarks and their weightings, in a timely manner before they prepare the monthly performance reports. Changes to benchmarks and weightings should be prepared in consultation with the States' Investment Advisor  

Income

Fees and charges

Introduction and background

This section applies to all States Bodies defined in the Public Finances (Jersey) Law 2019 and addresses how these Bodies can effectively introduce new charges for services that have not been previously made and make adjustments to existing charges in line with the States of Jersey’s requirements. The fees and charges covered by this section are not those relating to Tax, Impôts duties, Goods and Services Tax, Stamp Duty, Social Security contributions nor fines and penalties.

All new "user pays" (which exclude leases, rentals and sales/charges based on a commercial basis) must be approved by the States Assembly in accordance with P.63/2003 : States Approval for new "User Pays" charges.

Leases, rental, and similar charges should be levied at the market rate. A States Body should seek legal advice prior to agreeing fees of a commercially sensitive nature which will not be disclosed.

The States approved Anti-Inflationary Strategy (P.125/2000 refers) specifies that all increases in States' charges in excess of 2.5% must be approved by the Minister for Treasury and Resources, unless already approved by the States Assembly.

Fees and charges should be calculated on an accruals basis, including overheads, depreciation (for example, for start-up or improvement costs) and the cost of capital. Some costs associated with a service may be incurred by another States Body and, in these instances, it is important that there is discussion with the relevant Head of Finance Business Partnering at an early stage.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically these include:

  • expenditure 
  • income
  • Government Plan

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include: 

  • charges could be made which are “ultra vires” or illegal
  • inaccurate calculation of fees and charges leading to profits (which is, in some circumstances, ultra vires)
  • expenditure is not reviewed
  • services to specific groups of users being subsidised which may be contrary to agreed public policy
  • loss of value to the States or Government of Jersey due to inappropriate levels of subsidy on fees and charges
  • increased fees and charges could be detrimental to the States’ Strategic Priorities where the fees and charges influence activities or behaviours contrary to intended Strategic Priorities 
  • fees and charges are subsidised on discretionary services provided in competition with the private sector

Principles

1. Plans for the significant changes to/introduction of new fees and charges should, where practicable, be included in proposals for the Government Plan.

2. The levying of fees and charges should ensure accountability for goods and services consumed (the 'user pays' principle) whilst avoiding unnecessary bureaucracy and should result in minimal cost to the States of Jersey in terms of processing and administering transactions.

3. A profit should not be made on the costs of providing a service.

4. Where a service is provided in competition with the private sector, a proper assessment of the level of competition, market rates and potential risks associated with the service should be undertaken and effort should be made to mitigate such risks and derive an appropriate level of income from the service.

5. Charges should not normally be made for services which are delivered to the population as a whole and which the public can not choose whether to use. They should only be considered where they benefit a specific group or where a fee or charge would drive the behaviour of users ("user pays").

6. Where a States Body intends to significantly increase an existing charge or introduce a new one, the potential recipients should, as far as possible, be consulted if practical to do so.

7. States Bodies should not be disadvantaged by having to meet increased external costs without being able to recover them through increasing charges (where charging is appropriate).

8. An increase in charges to external customers should not be dismissed simply because the increases would also fall on internal customers. Where an increase occurs outside of the Government Plan process, it may be appropriate for the charging States Body to transfer sufficient budget to the paying States Body to meet the increase in charges. Any budget transfer must follow the procedures set in the Changes to Head of Expenditure area of the Manual.

9. A States Body should have robust systems in place for controlling stock for resale. It is recognised that there may be circumstances where it is appropriate for old or obsolete stock to be sold at a loss rather than it being written off.

10. A States Body should have proper justification for introducing fees and charges.

Requirements

1. Approvals of new “user pays” charges

All new “user pays” charges (excluding leases, rentals and sales or charges based on a commercial basis) must be approved by the States Assembly.

2. Mechanism to approve fees and charges

Before introducing a new/fee charge Accountable Officers must check to establish if there is an existing mechanism for levying that fee/charge:

  • statutory powers may exist which enable fees and charges to be levied for a service to either cover costs or to make a profit. If necessary, advice should be sought from the Law Officers’ Department where uncertainty exists
  • If the service is of a commercial nature eg a customer relationship in the ordinary sense of the word then charges can be made and commercially. For example, States owned land may be leased out at a market rate; children’s parties held in Fort Regent can be charged at what the market will bear; retail sales such as the sale of sports equipment from Sports Centres can be sold at a profit

Fees and charges can be levied outside of these areas but where new ones are considered appropriate advice must be secured from the Law Officers' Department.

3. Increase of fees/charges in excess of 2.5%

An Accountable Officer must ensure that approval of the relevant Minister and the Minister for Treasury and Resources is gained for all annual increases in excess of 2.5% (except where leases and rentals are made at market rate or where sales/charges are based on a commercial basis).

Fees and charges specifically included in the first year of an approved Government Plan or previously approved by the States Assembly are deemed to have received the above approvals. Treasury and Exchequer may be consulted in the case of any query.

4. Increase in fees/charges of 2.5% or less

Annual increases in fees and charges which are 2.5% or less must be approved by the increasing States Body’s Minister. Where there is no Minister the Minister for Treasury and Resources must be consulted prior to any increase.

5. Basis for fees and charges

The standard approach for setting fees and charges for public services must be full cost recovery (including on-costs such as depreciation). Where full costs are not recovered an Accountable Officer must ensure that there is a formal decision setting out either an agreed plan to achieve full cost recovery within a reasonable time period or decision to charge less than full cost. 

Exceptions to the standard approach include but are not limited to the following:

  • subsidised services: examples are where a subsidy is provided to a third sector organisation to enable that organisation to function properly and not be a burden on the States of Jersey, discounts to support vulnerable groups i.e. those over or under a certain age. Decisions of this nature must be documented and periodically reviewed and reconsidered
  • discretionary services provided in competition with the private sector: where a commercial rate is normally charged. In determining such rates, consideration should be given to the level of competition, the market prices of competitors and the potential risks to the States of Jersey
  • regulatory services where a licence fee is often set to recover associated costs such as supervision by a regulator
  • legal services costs where the imposition of full costs is likely to inappropriately limit access to justice

6. Review of costs

From the Government Plan 2023 to 2026 preparation process an Accountable Officer must ensure that there is a review of the necessity and appropriateness of offering a service which is charged for. The review must document the Department’s policy on the appropriate fees or charges and whether to charge at a uniform rate for all varieties of a service or having different categories of service costing different amounts to provide. 

7. Transfer of budget to area being charged

In instances where a new fee or charge is introduced during the course of a year and this affects another States Body’s head of expenditure it may be appropriate for the charging area to transfer the relevant budget to the area to be charged for the service. Any budget transfer must follow the procedures set in the Changes to Head of Expenditure area of the Manual. Where there is any dispute about the level of funding to be transferred this must be referred to the Treasurer of the States, who will decide upon the approach to be adopted.

8. Goods and Services Tax (GST)

GST must be correctly charged on fees and charges and remitted to Treasury and Exchequer to the set deadlines. 

Income

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and provides advice on the efficient and effective collection, recording and, where applicable, recovery of income realised from, inter alia, fees, charges and retail sales and from the States Trading Operations. Income from Income Tax, Goods and Services Tax, Stamp Duty, Social Security contributions and any other similar sources is not covered by this section.

The Treasury and Exchequer's Shared Services Centre provides an income collection and debt management service which should be used by Government and States of Jersey departments. Responsibility for the identification of income receivable lies with the relevant States Body and includes responsibility for ensuring compliance with any statutory authority. On an exceptional basis Departments may have their own income collection service but these must have been approved by Head of Shared Services Centre.

Details of the services provided by the Shared Services Centre are found in the Centre's Order to Cash and Debt Policies. The Shared Services Centre is responsible for the raising of invoices and collection of income, including debt recovery and accounting for internal and external transactions. They are also responsible for banking policy, that the appropriate safeguards are in place and that income is accounted for completely and accurately in a timely manner.

The Customer and Local Services Department provides customer facing cashier services including the receipt and safeguarding of cash.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • banking
  • government plan
  • cash
  • expenditure
  • losses and write-offs
  • fees and charges

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include: 

  • income is not collected or banked
  • customers are incorrectly charged leading to reputational damage to the States and/or Government or loss of income
  • income generating activities are set at the wrong price levels leading to losses to the States, unfair competition with the private sector or excessive profits
  • income is misallocated, understated or overstated due to ineffective recognition, monitoring and management processes.

Principles

1. An adequate framework should be established for the effective collection, recording and recovery of income due to a States Body. 

2. Where the administration of a specific type of income is addressed in any Law, such income should be administered in line with the requirements of that Law.

3. All income due to the Government and States should be promptly collected and banked.

4. When considering legal action to recover income due, the costs of that action should be considered against the income which is likely to be collected. Where appropriate legal advice should be sought.

Requirements

1. Income collection process

Accountable Officers must ensure they are responsible for ensuring that their States Body either uses the income collection service provided by the Treasury and Exchequer's Shared Services Centre or that they maintain an income collection process within their States Body which has been approved by Head of Shared Services Centre. The service must identify and promote the most efficient ad economic methods of income collection, for example the use of bank transfers over cheque/cash payments.

2. Scheme of Delegation

Regardless of the income collection process used an Accountable Officer must ensure that roles and responsibilities relating to income are clearly set out in the Scheme of Delegation. This must include the ability to authorise write-offs of income due where all other channels of collection have been considered.

3. Documentation

An Accountable Officer must ensure that there is appropriate documentation, which may include manuals, guidelines and other relevant instructions, within their area of operation for the identification and collection of all income for which the States Body is entitled. 

4. Segregation of duties

To be effective the accounting system for the collection of income must build in strict segregation of duties.

Where the Treasury and Exchequer's Shared Services Centre provides the income collection and debt management services to a States Body the Treasurer of the States must ensure that the required segregation of duties are in place. In those instances where it is not possible for segregation of duties there must be alternative management controls to ensure income is properly and fully accounted for.

5. Policy for recovery of overdue accounts

All invoices raised by the Treasury and Exchequer's Shared Services Centre will also use their debt management service. An Accountable Officer must ensure that they use this debt management service or have in place departmental policies to cover the recoverability of overdue accounts receivable and undertake aged analysis of overdue accounts at regular intervals. Consideration must also be given to the requirements of the Losses and write offs section of the Public Finances Manual when income is irrecoverable.

6. Internal controls

An Accountable Officer must ensure that there is a regular review of the performance of internal controls to ensure that the correct amount of income is recognised and recorded

7. Debt Write-off

An Accountable Officer must ensure that appropriate actions are taken before debt is written off. Any write-offs must be in line with the relevant scheme of delegation. The requirements set in the Losses and Write-offs section of the Manual must also be followed.

8. Under-recovery of income

An Accountable Officer must ensure that heads of expenditure approved by the States Assembly are not exceeded and if estimated income levels are not achieved that there is either a corresponding reduction in expenditure or a submission is made for funding from the Reserve head of expenditure as detailed in the Section on this.

9. Use of additional income

In instances where a States Body can generate income in excess of the sum approved in a Government Plan and wishes to make use of all or any of this sum the Accountable Office must ensure that the prior relevant approval, in line with the Manual's section on Changes to heads of expenditure has been gained.

10. Monitoring and management of income

In relation to the monitoring and management of income, Accountable Officers* must ensure:

  • that the States Body has a system for reconciling collections to the receipts records and investigating any notable differences. Similarly, a policy must be agreed regarding differences in daily cash collected and the total daily receipts. Proper physical security of cash and receipt books must be observed at all times
  • that a monthly reconciliation of income recorded against the amount budgeted is carried out to ensure the proper forecasting of income
  • that variances identified during reconciliations of income to budget are investigated and measures put in place to review reasons for variations.

*This role will be carried out the Treasurer of the States for those States Bodies which use the services offered by the Treasury and Exchequer's Shared Services Centre.

 11. Goods and Services Tax (GST)

GST must be charged and collected in line with the relevant legislation and paid over to Treasury and Exchequer as appropriate.

Internal recharges

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and provides advice on the circumstances in which it is appropriate to levy an internal recharge for the provision of a service. 

An internal recharge is the transfer of expenditure within the States of Jersey in relation to the provision of goods and services, i.e. a transfer of cost from the provider to the internal States of Jersey customer or user. Recharges can be made between States Bodies and also within a States Body. 

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • government plan and budgeting
  • expenditure 
  • income
  • fees and charges 

In addition to the common risks identified in the Background and introduction section of the Manual a number of significant risks relating to this section include:

  • internal customers are incorrectly charged
  • internal recharges are introduced which have not been discussed with the recipient
  • income is misallocated, understated or overstated due to ineffective recognition, monitoring and management processes 
  • inaccurate calculation of internal recharges leading to profits on services
  • expenditure is not reviewed
  • that the cost of imposing an internal recharge outweighs the benefit of imposing a charge

Principles 

1. Estimated income arising from internal recharges should be included in proposals for a Government Plan (see Government Plan and budgeting section). 

2. Internal recharging within the States and or Government of Jersey should ensure accountability for goods and services consumed (the 'user pays' principle) whilst avoiding unnecessary bureaucracy.

3. Internal recharging should result in minimal cost to the Government and States of Jersey in terms of processing and administering transactions.

4. The standard approach for setting internal recharges should be full cost recovery. The rationale for setting internal recharges below this level should be documented. 

5. Decisions on internal recharging policy should be made with the same care, and to similar standards, as those for levels of fees and charges. There should be a demonstrable value in levying internal recharges.

6. Internal recharges should be fair and equitable and the imposition or increase of an internal recharge should not be used in place of reviewing expenditure levels and is not a justifiable way of reducing costs to meet financial expenditure limits. 

7. Internal recharges should be calculated on an accruals basis, including overheads, depreciation (for example, for start-up or improvement costs) and the cost of capital. When considering increases or decreases to internal recharges a body should have proper justification as to the necessity of doing so.

8. Profits should not be made on services. The income from internal recharges should not exceed the full cost of delivering the service. Where costs of providing a service have been reduced or increased, a reassessment must be made as to whether the level of any internal recharge made is appropriate. 

9. Internal Recharges should be transparent with consultation between the service provider and the receiver of the service in order that both readily understand the nature of the costs and thereby avoid surprises in the imposition of the costs. Recharges for services should be supported with an appropriate Service Level Agreement (SLA) between the 2 parties.

10. Internal recharges should be sustainable with the level of service and the means of recharge both well understood, predictable and realistic.

11. States Bodies should not be disadvantaged by having to meet increased external costs without being able to recover them through increasing internal recharges.

12. States Bodies should review services to ensure that where costs can rightly be recharged this happens. Appropriate documentation should be retained to support those instances where an internal recharege could have been made that hasn't been.

Requirements

1. Implementation of new internal recharges

The imposition of a new internal recharge must not be used as a means of circumventing spending limits approved in a Government Plan. The service provider must be able to demonstrate that there is value to the organisation in levying internal recharges. No recharge can be made without the agreement of the Accountable Officer of the receiving head of expenditure or body. In the event that the charging and receiving parties are unable to agree on the introduction of a new recharge the matter must be referred to the Treasurer of the States (or appropriate delegate), who will decide upon the approach to be adopted.

2. Transfer of budget to area being charged

In instances where an internal recharge is introduced during the course of a year and the area receiving the recharge is part of a head of expenditure it may be appropriate for the charging area to transfer the relevant budget to the area to be charged for the service. Any budget transfer must follow the procedures set in the Changes to head of expenditure area of the Manual. 

3. Increases in internal recharges

All increases must be notified in advance of imposition to the Accountable Officer of the receiving head of expenditure or body. Increases in excess of 2.5% must be approved by the Treasurer of the States (or their delegate). In the event that the charging and receiving parties are unable to agree on an increase the matter must be referred to the Treasurer of the States, who will decide upon the approach to be adopted.

4. Service Level Agreements

Where recharges are made between heads of expenditure, Accountable Officers must ensure that appropriate (reflecting the type and level of recharge) Servcie Level Agreement (SLA) is drawn up between the parties involved. SLAs must be reviewed at intervals to be agreed between the parties involved.

Trading operations

Introduction and background

This section applies to all States Trading Operations as defined in the Public Finances Law and provides information and guidelines relating to the financial administration of States Trading Operations. It includes details relating to:

  • designation as a States Trading Operation
  • establishment of a fund relating to an States Trading Operation and the use of such funds
  • use of a Trading Fund
  • financial returns and estimates
  • borrowing by Trading Operations

A States Trading Operation is a Body which has been designated as such by the States Assembly by approving a Government Plan. Designation as an States Trading Operation means that the Body will not operate a head of expenditure in the same way as a States Body, and will not have a revenue budget allocated to it by the States Assembly in the Government Plan. The States Assembly agrees the estimated income and expenditure of each States Trading Operation for each year and its forward capital programme (including Major Projects). The States Trading Operation effectively becomes self-funding. With the agreement of the Minister for Treasury and Resources, it may retain any surplus of income over expenditure and must fund its own capital expenditure (unless the States Assembly agrees to do so) and is not subject to requirements under the Public Finances Law to seek approval to have unspent funds at the end of the year reallocated to them from the Reserve in the following year. The States Trading Operation may be required to make a contribution in any year to the general revenues of the Government of Jersey.

The Accountable Officer of the Trading Operation, or, if an Accountable Officer has not been appointed for the Trading Operation, the Accountable Officer of the department which the Trading Operation reports to, is responsible for ensuring that this section is complied with.

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically, these include:

  • financing 
  • expenditure
  • funds
  • major projects

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • the States Trading Operation may not generate sufficient income to meet its costs or capital expenditure requirements
  • the operations of the States Trading Operation may have an unanticipated effect on competing private enterprises
  • the planned income, expenditure and capital programmes of States Trading Operations may not be appropriately nor comprehensively prepared and authorised
  • expenditure may be made from trading funds which has not been authorised
  • borrowing made by States Trading Operations may not be properly authorised
  • activities of States Trading Operations may not be accurately reflected in the States’ Financial Report and Accounts

Principles

1. States Trading Operations should make a financial return to general revenues unless agreed otherwise by the Minister for Treasury and Resources.

2. The financial performance of States Trading Operations should be accurately reflected in the States’ Annual Financial Statement.

3. States Trading Operations should not compete nor be perceived to compete unfairly with private enterprises engaged in the same trade.

Requirements

1. Designation as a States Trading Operation

In order to establish an area as a States Trading Operation, the Council of Ministers must include proposals in a Government Plan for debate by the States Assembly. The proposals must detail:

  • the area of States operation which constitutes the States Trading Operation
  • the exact nature of trading to be undertaken

The Minister responsible for the area requesting States Trading Operation designation must make a full case to the Council of Ministers as to why States Trading Operation status should be granted. Any request for such designation should include:

  • an explanation as to why the operation should be classified as a States Trading Operation
  • details of the benefits (financial and non-financial) to be gained from granting such an States Trading Operation status
  • a business plan for the States Trading Operation setting out expected income, expenditure and including funding for major projects requirements

2. Balances on a trading fund

In circumstances where the income generated by a Trading Operation does not cover its negotiated financial return and its annual revenue expenditure, it must meet the deficit from its trading fund.

The States Treasurer may determine the interest rate to be paid on any positive balance of funds in a trading fund or charged on any negative balance. The States Treasurer must determine the times at which any interest receivable and payable will be credited or debited. 

3. Financial planning

Financial returns and estimates of the income, expenditure, surplus and financial return of a States Trading Operation as well as the amount to be transferred to the Fund and the States Trading Operation’s Major Projects expenditure plans must be subject to discussion and determination between the Minister responsible for the trading operation and the Minister for Treasury and Resources and will be based upon business plans presented by the Minister responsible for the Trading Operation and will be approved in the Government Plan.

Any income earned by a States Trading Operation in a financial year in excess of its expenditure for a particular year must be paid into the States Trading Operation’s fund.

4. Financing (Borrowing) by States Trading Operations

The States Trading Operation must approach Treasury and Exchequer with any requests for any financing (borrowing). Requests should be made in line with the section on Financing.

5. Financial Administration

Unless the Minister for Treasury and Resources requests otherwise, each States Trading Operation must prepare an Annual Financial Statement in respect of its accounts and operations. These must be delivered to the Minister for Treasury and Resources within the timeframe required for the completion of the Accounts (or any other period specified in the Treasury Instructions : Year-end Procedures). The statement must be prepared in accordance with the Jersey Financial Reporting Manual.

6. Accounting

Each States Trading Operation must maintain and regularly report, in the form prescribed by Treasury and Exchequer, a profit and loss account, a balance sheet including the balance of its Fund and a cash flow forecast.

Risk and audit

Risk management

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law and provides guidance on how to achieve effective risk management.

The term ‘risk’ appears frequently throughout the Public Finances Manual. For the purposes of the Risk Management Section a risk is defined as something that could happen that might have an effect on achievement of the objectives of the States of Jersey. A risk is therefore an uncertain future event that can be either a negative threat or a positive opportunity.

Risk Management is defined as, all the processes involved in identifying, assessing and judging risks, assigning ownership, taking actions to mitigate or anticipate them, and monitoring and reviewing progress. This process is set out in detail in the Government of Jersey Risk Management Strategy. It should be a continuous cycle of assessment and feedback, responding to new information and developments. Managing risk must be regarded as part of the organisational culture of the States of Jersey such that policy, strategy and processes are embedded into the normal management systems of the States of Jersey so that it can achieve its goals and maintain a reputation of credibility and reliability.

The Principal Accountable Officer is responsible for ensuring that an appropriate approach to risk management is followed throughout the States of Jersey and various departments respectively and that systems are in place to identify and manage these risks.

Accountable Officers are personally accountable for the proper oversight of risk management within their area of control, the scope of which is defined in their letters of appointment.

Each department has a Departmental Risk Lead who serves as the primary point of departmental contact on risk matters.

Users of this section should refer to other sections of the manual that may be relevant. Specifically this includes:

  • Accountable Officers in Government Departments
  • Accountable Officers in Specified Organisations
  • Accountable Officers in Non Ministerial States Bodies
  • Expenditure
  • Internal Audit
  • Fraud, corruption and money laundering

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include:

  • risk assessment is not carried out which may affect decision making
  • risk management is not applied across the States and Government of Jersey
  • risks are not entered into the ERM (Enterprise Risk Management system) and therefore are not monitored and reviewed regularly
  • no actions are attached to risks meaning they are not actively mitigated

There are three distinct levels of risk management profile across the government – Community, Corporate and Department. This 3-tier hierarchy approach to managing risk and effective control environment is dependent on a consistent and standardised process that recognises specific ‘objectives’ at each level. This includes:

Community level

This enables the community of Jersey to be better prepared to cope during an emergency and to recover more quickly. It helps us the Island in its preparedness and resilience for major events. It is maintained by the Jersey Resilience Forum and the Emergency planning function.

Corporate level

This contains risks that could materially threaten the Government of Jersey business model, future performance or prospects.

Departmental level

This focuses on strategic and operational risks related to the day-to-day performance of activities serving Islanders. Departmental risks must be escalated to a higher level if appropriate.

Prin​ciples

1. Accountable Officers should establish an appropriate 'tone at the top' in respect of a shared set of attitudes where employees maintain high ethical values and act with integrity, thereby complying with laws and regulations and behaving in a principled manner.

2. Accountable Officers should promote the consistent, comprehensive collaborative and proportionate approach to risk management through the Enterprise Risk Management (ERM) framework.

3. Accountable Officers should ensure that States Bodies’ objectives are not adversely affected by significant unforeseen risks.

4. Accountable Officers should ensure arrangements are in place to deal with the unexpected that might put service delivery at risk.

5. Accountable Officers should promote an innovative, less risk averse culture that encourages the pursuit of opportunities as well as the management of threats.

6. Accountable Officers shoul​d provide a sound basis for integrating risk management into decision making.

7. Accountable Officers should embed risk management as a component of robust corporate governance and management practices.

8. Arm’s Length Organisations should consider and adopt the requirements of this section of the manual, as applicable, tailored to their specific risks. 

Requirements

1. Risk Policy and Strategy

Accountable Officers must ensure that mechanisms are put in place to review and understand the States’ risk management policy and strategy.

2. Review

Accountable Officers must ensure that a system is in place for identifying, assessing and managing new, existing and/or emerging risks and to gain assurance that risk management is effective, and to identify when further action is necessary.

3. Enterprise Risk Management System (ERM)

Accountable Officers must record and monitor risks using the Enterprise Risk Management system (ERM) - the States of Jersey risk register – except where otherwise agreed with the Head of Risk, for example in the case of some Non-Ministerial Departments including the Viscount’s. Maintaining a record of these risks once identified is then critical to effective risk management.

4. Actions and controls

A control is an ongoing mitigation of a risk. An action is a specific, time-limited activity.

Each risk must have at least one control assigned to it which will describe what the control is, how it will help manage the risk and, if possible, a financial quantification.

Each risk can have actions assigned to it which will describe what the action is, what the timeline is for completion, how it will help manage the risk and if possible, a financial quantification.

Accountable Officers must assess, regularly review and document the effectiveness of actions and controls. All controls sh​ould be realistic, proportionate to the intended reduction of risk, and offer good value for money.

Actions and controls must be documented in the ERM system.

5. Risk appetite

Accountable Officers, and their designated Departmental Risk Leads, must set out their risk appetite (“the amount of risk the Government of Jersey is willing to accept”) when prioritising the resources and actions necessary to mitigate or reduce the impact of a particular risk and/or the timeframe required to mitigate a risk.

6. Ownership

Departmental Risk Leads must take ownership, on behalf of their Accountable Officer, for risks within their respective Departments and ensure that the Departmental risk register is regularly discussed, reviewed, updated and escalated as appropriate. Each risk, action and control must have assigned an agreed owner who is accountable for that risk, action or control.

7. Escalation

Departmental Risk Leads must, on behalf of their Accountable Officer, escalate significant risks identified to the appropriate level of management within their department. They should also consider whether departmental risks should be escalated to the Community or Corporate level.

8. Training and advice

The Head of Risk must provide expert advice and facilitate risk focused learning and development. Accountable Officers should promote available training within their areas of responsibility.

9. Arm’s Length Bodies

Accountable Officers of sponsor departments (​i.e. the Government or Non Ministerial department which has the relationship with the Arm’s Length Body (ALB), and accounts for any expenditure on that Arm’s Length Body within its head of expenditure) must:

  • seek from the ALB an update on a quarterly basis on any material change to their risks, for example movement in risk over the previous quarter, new or emerging risks
  • record risks identified as severe in the ERM system, take ownership, review, monitor and decide on specific controls and actions. This can be achieved through the use of the ALOs (Arm’s Length Organisations) Governance, Risk and Compliance Checklist and discussions between relationship managers and ALOs. Relevant ALBs must be advised about these actions
  • ​ensure that where risks to ALBs could have an impact on the States or Government, for example reputational or financial, these risks are recorded on departmental risk registers and escalated to the corporate risk register where appropriate

Insurance

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019 and provides advice and guidance on effective insurance management.

The States and Government of Jersey face numerous risks. One way to mitigate these risks is through insurance.  The States and Government of Jersey assess these risks and insurance needs on a continuous basis with the Treasury and Exchequer’s Treasury and Investment Management team responsible for the oversight and management of the Organisation’s insurance needs.

The States’ approach to insurance is a blend of internal (“self-insurance”) and external insurance arrangements. 

Self-Insurance Arrangements

For self-insurance purposes the States operates an Insurance Fund. The Public Finances (Jersey) Law 2019 (the “Law”), Article 60: Insurance Fund continued sets out the arrangements concerning the Insurance Fund (the “Fund”). As required by the Law, the Minister for Treasury and Resources has presented R.111/2019 to the States Assembly. This Report sets out the purpose, terms and circumstances of the Fund.

The Insurance Fund facilitates the provision of mutual insurance arrangements for:

  • States Bodies
  • Any fund or money for which an Accountable Officer is appointed; and
  • Any other bodies and persons that the Minister for Treasury and Exchequer may agree.

The Minister may also permit persons or bodies that appear to them to be connected with the States to participate in the mutual insurance arrangements on specified terms and conditions.

The Minister may:

  1. prohibit an Accountable Officer for a States Body or for a specified organisation as defined in Schedule 2 of the Law from arranging any insurance otherwise than through the mutual insurance arrangements; and
  2. specify the descriptions of liabilities and persons insured by, the terms of, and the administrative processes connected with, the mutual insurance arrangements.

The Insurance Fund is funded from the Consolidated Fund with amounts as decided in the Government Plan; amounts recharged to bodies or persons that participate in the mutual insurance arrangements; and amounts received from settlements in insurable claims. 

Money can only be withdrawn from the Fund:

  1. for the purposes of the mutual insurance arrangements and in payment for insurable claims without any admission of liability;
  2. if the Minister for Treasury and Resources believes that the amount in the Insurance Fund exceeds the amount required for the mutual insurance arrangements, the Minister for Treasury and Resources may approve the transfer of all or part of the excess to the Consolidated Fund (any such transfers must be reported in the six-monthly update report presented to the States Assembly on financial matters).
  3. as approved by the States in a Government Plan.

Amounts paid into the Insurance Fund do not form part of the annual income of the States. Should the States and/or the Government of Jersey no longer provide mutual insurance arrangements the Fund would be wound up with any remaining monies paid into the Consolidated Fund.

In order to assist with the administration of the Fund the Minister is able to delegate functions, subject to any conditions or limitations as he or she may specify.

External Insurance arrangements

For external insurance the States contracts with insurance brokers and insurers to obtain insurance cover from the commercial insurance markets. Contact details for the current brokers and insurers can be found on the Insurance page on MyStates. The products purchased are designed to manage the risks and lower the costs unique to public entities that are associated with claims. Cover falls into two main areas: General insurance and specialist Medical Malpractice cover. These are described below: 

General Insurance  

The current States insurance programme renews annually on 1st October every year and consists of three main elements:

  • Property and business interruption Insurance, covering all buildings, contents, plant and machinery.   Cover is also arranged for property related business interruption insurance, covering the increased cost of working in the event of damage to existing locations or denial of access. All property is currently insured on a reinstatement as new basis (provided regular and appropriate reinstatement valuations are undertaken).  The exception to this is the Energy from Waste plant which has standalone insurance.
  • Liability insurance, covering the States’ legal liability to pay compensation as a result of personal injury to employees and third parties (including abuse) arising from States’ activities and the supply of products, loss or damage to third party property and the errors and omissions of States and Government officers.
  • Motor insurance, covering damage to the motor fleet and liability to pay compensation for personal injury or property damage caused by drivers of States’ vehicles.

There are other insurances arranged for specific and specialist operations, including personal accident and travel insurance, school travel insurance, fidelity guarantee (employee dishonesty) and marine vessels and marine liabilities.

Medical Malpractice insurance - The States Medical Malpractice (MedMal) insurance is arranged separately from the general insurance programme and renews annually. The policy is arranged to protect the States from claims arising from the medical malpractice and clinical negligence of its employees. Additionally, the policy usually covers locums, bank and agency staff as they are effectively deemed to be “employees”. The policy may also cover contractors, depending on the scope of the contract. Cover is arranged at two levels, a primary layer and a secondary layer. Details of current brokers and insurers are shown on the Insurance page of the MyStates intranet site.

Excesses and Deductibles

Each insurance policy has a deductible (or excess) which is the amount paid out of pocket by the policy holder before an insurance provider will pay any expenses. The above insurances are all currently arranged with varying levels of deductibles based on a rates optimisation study undertaken by the States’ brokers. These deductibles are initially funded by departments or States bodies and then from the States’ self-insurance arrangements – the Insurance Fund. Such self-funded deductibles allow, in theory, for the most competitive premiums to be obtained from insurers as they know that high frequency, low severity claims will not fall to them to be dealt with. Insurance above the deductible level is therefore designed to protect the States against catastrophic losses. All non-medmal claims have a minimum excess of £500 per claim which is paid directly by departments suffering the loss. This encourages departments to manage their own operational risks.   

Insurance Provisions

Insurance claims usually pay according to the insurance cover in place when the incident causing the claim takes place (instead of when the claim is reported or paid). For some classes of insurance it can take several months or even years to report, investigate, pay and close claims. For large and complex claims courts may need to decide liability (or who is responsible) and this adds to the time.  Each claim will have a reserve (‘outstanding’ amount) set as an estimate of future payments.  Insurers and claims handlers adjust the outstanding amounts as the claim progresses.  The total value of a claim (the ‘Incurred’ amount) is the amount paid to date plus the ‘outstanding’ amount still to be paid.

In addition, it is expected that further claims will arise from incidents that occurred (or were “incurred”) in the past, but which have not yet been reported (known as “Incurred But Not Reported” (IBNR) claims). This is particularly the case for longer-tailed liability classes where, for example, the delay may be because the claimant had not realised their injury was sufficient to warrant a claim.

Like most public sector bodies with sizeable deductibles, the States holds provisions in the Insurance Fund to meet claims from incidents in the current and past years. 

Approval for payment from monies held within the Insurance Fund will need to be given by officers in accordance with delegations approved by the Minister for Treasury and Resources. Where claims involve legal negotiation the amount of any payment must be in line with legal advice provided by the Law Officers’ Department. It is recognised that this legal advice is confidential and is not to be circulated without the prior approval of H.M. Attorney General or their representative.

Valuation of the Insurance Fund

The Fund is valued on a regular basis, using actuarial techniques. Valuations take account of historical claims data, projected outcomes and IBNR (Incurred but not reported) claims. 

Assurance

The Risk and Audit Committee (R&AC) was established in 2019 and during 2020 took on responsibility for reviewing insurance matters. Its terms of reference include reviewing the annual insurance report; reviewing the arrangements for ensuring key risks are adequately insured and monitoring the Insurance Strategy and Improvement Plan.

Users of the Public Finances Manual should refer to other sections that are relevant. Specifically, this includes:

  • Assets
  • Third party assets
  • Cash
  • Arm’s length organisations
  • Major, strategic and other projects
  • Losses and write offs

Risks

In addition to the common risks identified in the Background and Introduction section of the Manual a number of significant risks relating to this section include:

  • Failure to purchase sufficient insurance cover can lead to significant one-off revenue payments if catastrophic or major risks occur;
  • Failure to undertake a regular review of significant insurable and uninsurable risks may lead to adverse financial impact or the inability to procure suitable insurance cover;
  • If the States’ claims history and portfolio are not understood then the States will be unable to learn from and develop better risk management processes;
  • If the States don’t undertake horizon scanning for significant risks, then opportunities to transfer risks or plan properly may be missed; and
  • The most efficient options for providing insurance cover for the States and related bodies may not be chosen.

Principles

1. Insurance arrangements should represent the most cost-effective approach for the States to treat risks that cannot be managed in other ways.

2. Accountable Officers should continually review risks for their areas of responsibility and notify the Director, Treasury and Investment Management in the event of any changes and potential impact on insurance cover.

3. The Director, Treasury and Investment Management should continually review the States’ insurance arrangements and recommend any changes needed to the Minister for Treasury and Resources and Treasurer of the States.

Requirements

1. Compliance with legislation

The Director, Treasury and Investment Management must ensure that all provisions relating to insurance within the Public Finances (Jersey) Law 2019 and R.111/2019 are complied with.

2. Risk Management

Accountable Officers and those responsible in related bodies must:

  • ensure the documentation and regular review of the risk management for their areas of responsibility and related bodies in line with the Government’s Risk Strategy
  • identify and evaluate risks and how these translate in terms of insurance of assets
  • regularly review and document their risks and associated controls and ensure actions are carried out in a timely manner
  • ensure that all risks for their area of responsibility are captured on a risk management system agreed with the Risk Team
  • ensure that officers escalate significant risks identified to the appropriate level of management considering the implications in terms of insurance.

3. Returns for annual insurance renewals

Accountable Officers and those responsible in related bodies must ensure the timely submission of returns for annual insurance renewals, highlighting any material changes.

4. Near misses and other dangerous occurrences

Accountable Officers and those responsible in related bodies must record and review near misses, infectious diseases and dangerous occurrences as part of the risk management process and notify the Risk Team and insurers of any such events.

5. Supplier insurance

Accountable Officers and those responsible in related bodies must ensure that any suppliers and sub-contractors they engage with have appropriate insurance as part of their contractual arrangements, health and safety policies an​d procedures, risk assessments, data protection policies, safeguarding policies, background checks and any other applicable measures as part of the due diligence process. The references to insurance in the template terms and conditions are not sufficient to fully satisfy this requirement.

6. Training and awareness

Accountable Officers and those responsible in related bodies must ensure that relevant staff in their area of responsibility attend any training and awareness sessions provided on risk management and insurance.

7. Notifying Treasury and Exchequer

Accountable Officers and those responsible in related bodies must ensure that any matters which may have a bearing on States of Jersey insurance arrangements are brought to the attention of the Risk team and Director, Treasury and Investment Management, as soon as is reasonably practicable but at least within two working days of the issue being identified.

8. Asset management

Accountable Officers and those responsible in related bodies must ensure asset management processes capture all insurable assets.

9. Payments from the Insurance Fund

All payments from the Insurance Fund must be authorised in accordance with the Fund’s Accountable Officer’s Scheme of Delegation before they are made, or committed to as part of settlement of a claim against the States or Government.

Internal Audit

Introduction and background

The Internal Audit function provides an independent, objective assurance and advisory service necessary for continual improvement of the organisation’s business performance. It provides reasonable assurance that States Bodies’ financial and operational controls designed to manage the organisation’s risks and achieve the organisation’s objectives are operating in an efficient, effective and ethical manner.

On an ongoing basis, Internal Audit provides Accountable Officers with reasonable assurance that their organisation’s risk management, control, and governance are adequate, effective and compliant with applicable legislation and other policy and procedures such as this manual. It also functions as an important source of information and advice regarding areas of improvement and development. It helps the organisation accomplish its objectives through a systematic, disciplined approach to the evaluation and improvement of these processes. 

The Treasurer of the States is required under the Public Finances Law to establish a system of internal auditing in support of his requirement to ensure the proper stewardship and administration of the public finances of Jersey. The Treasurer is also responsible for advising the Comptroller and Auditor General, as well as the Principal Accountable Officer (if appropriate), of the results of internal audits carried out under that system. 

The Treasurer must with the agreement of the Minister designate a person who is employed in the Treasury and Exchequer Department as 'Chief Internal Auditor'. 

The internal controls and systems of the Office of the Comptroller and Auditor General are not subject to internal audit review by the Chief Internal Auditor. The Comptroller and Auditor General is independent and cannot be directed on how to carry out any function, including processes and procedures, of her Office. Statutory provisions under the Comptroller and Auditor (Jersey) Law 2014 ensure that the Comptroller and Auditor General is subject to strong governance review by a Board set up for this purpose.  The Board scrutinises the use of the resources by, and the governance arrangements of, the Comptroller and Auditor General; and reports, to the Chief Minister and the Chairman of the Public Accounts Committee, any concerns it may have.  Full details on the Office of the Comptroller and Auditor General can be found in the section of the Manual – Office of the Comptroller and Auditor General. The Comptroller and Auditor General does use Government of Jersey systems and processes for some transactions, for example the contract with the States’ travel provider for travel and accommodation bookings. The Chief Internal Auditor audits these systems, including any transactions relating to the Comptroller and Auditor General. The Chief Internal Auditor will report any relevant concerns arising from this audit work to the Board established by the Comptroller and Auditor General (Jersey) Law 2014 to oversee governance for the Comptroller and Auditor General’s office. 

References in this section to the Risk and Audit Committee relate to the States’ Risk and Audit Committee. There is also an Audit Committee for Non-Ministerial departments.

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include: 

  • the States or Government of Jersey is unable to meet its Strategic Priorities and outcomes due to inadequate risk management frameworks 
  • the States or Government of Jersey suffers financial loss 
  • the States or Government of Jersey suffers reputational damage 
  • the States or Government of Jersey suffers missed opportunities as a result of failure to identify, report and mitigate risks 
  • the States or Government of Jersey cannot demonstrate that it delivers value for money in the use of its resources

Principles

1. An Internal Audit Charter should be maintained which will be approved by the Risk and Audit Committee and will specify the purpose of the Internal Audit function, reporting lines, scope of activities, and responsibilities. An effective Internal Audit function will be based on the following core principles:

  • demonstrates integrity
  • demonstrates competence and due professional care
  • is objective and free from undue influence
  • aligns with the strategies, objectives, and risks of the organisation
  • is adequately resourced
  • demonstrates quality and continuous improvement
  • communicates effectively
  • provides risk-based assurance
  • is insightful, proactive, and future-focused
  • promotes organisational improvement
  • unfettered access to report to the top of the organisation

2. The Chief Internal Auditor should be responsible for preparing an Internal Audit plan in accordance with the International Professional Practices Framework (IPPF) and with the Internal Audit Charter. The plan should be prepared on a rolling three year basis and be agreed with the Risk and Audit Committee and the States Treasurer. The plan should be revised at least annually and more frequently when there are indications that the risks faced by the States of Jersey in delivering their priorities have changed materially. The Chief Internal Auditor can also carry out unplanned activity at any time to address identified risks.

3. The Internal Audit function exists in order to assist the States of Jersey to achieve its Strategic Priorities. Internal Audit team members should, therefore, be a source of advice for Accountable Officers on issues such as governance and control. However, it is important that members of Internal Audit do not take responsibility for management decisions, executive functions, or the development of systems, as this would compromise their independence and present a conflict of interest. The Chief Internal Auditor will refuse requests from management to undertake work that it is not appropriate for Internal Audit to undertake.

4. A report should be provided on a quarterly basis to the Risk and Audit Committee, the States Treasurer and the Chief Executive setting out the progress made to date on the Internal Audit Plan and key control issues noted. 

5. The Chief Internal Auditor should prepare an annual report and opinion on the States of Jersey’s governance framework and internal control environment, based on audit work carried out in the year in question. This report will be presented to the Risk and Audit Committee to inform their review of the Governance Statement in the States of Jersey’s published annual report and accounts.

6. Arm’s Length Organisations should consider whether it is appropriate to establish their own internal audit functions based on the scale and complexity of their operations. The Head of Audit will not be responsible for delivering internal audit services to these bodies, except where agreed with the Risk and Audit Committee, States Treasurer and the Accountable Officer responsible for the organisation.

7. The internal auditors and the external auditors appointed by the C&AG should maintain a close working-relationship. The effectiveness of an audit, along with an efficient use of audit resources, will be enhanced by co-operation between these teams. However, it should be noted that the use in Internal Audit work of entities or individuals involved in the provision of External Audit services should be allowed only in exceptional circumstances. Internal and external audit functions should be kept separate to avoid conflicts of interest, and any possible threat to objectivity or independence.​

Requirements

1. The Treasurer of the States’ duty to provide resources

The Treasurer of the States must provide sufficient resources to meet his obligations under the Public Finances Law and to enable the person designated as Chief Internal Auditor to perform their duties to leading international standards. The cost of certain audits will be recharged to departments.

2. Standards

The conduct of work by Internal Audit must be governed by the International Professional Practices Framework (IPPF), which provide a benchmark against which the quality of Internal Audit in the UK public sector is assessed. The structure, authority and responsibilities of the Internal Audit function will be specified in the Internal Audit Charter.

3. Internal audit plan

The Chief Internal Auditor must prepare an internal audit plan in accordance with the International Professional Practices Framework (IPPF) and with the Internal Audit Charter. The plan must be prepared on a rolling three year basis and be agreed with the Risk and Audit Committee and the States Treasurer. The plan must be revised at least annually and more frequently when there are indications that the risks faced by the States of Jersey in delivering their priorities have changed materially. The Chief Internal Auditor can also carry out unplanned activity at any time to address identified risks.

4. Internal audits

The Chief Internal Auditor must carry out internal audits of States bodies, States funds and trust (third party) assets for the purpose of assisting the Minister for Treasury and Resources and Treasurer in the performance of their functions under the Public Finances Law. The scope, times and frequency of internal audits must be determined by the Chief Internal Auditor with the agreement of the Treasurer. However, the Chief Internal Auditor may carry out an internal audit of any States body or area of operation for which the Treasurer is the Accountable Officer at any time and may determine the scope of any such audit.

5. Reports on audits carried out

The Chief Internal Auditor must prepare a report on any internal audit carried out on a States Body by or on behalf of Internal Audit. A copy of this report must be sent to the Comptroller and Auditor General and the Accountable Officer of the organisation audited, as well as the Principal Accountable Officer (if appropriate). In practice reports are also sent to the Risk and Audit Committee. Accountable Officers also have overall responsibility for ensuring their States Body has appropriate internal controls, for ensuring that effective action is taken based on the recommendations of an Internal Audit report, for recognising risks associated with inaction, and for compliance​ with applicable policies, procedures and regulations.

6. Responding to Internal Audit reports

Accountable Officers must respond to draft Internal Audit reports in a timely manner and provide specific timescales for implementing agreed recommendations. Internal Audit’s protocol for the agreement of draft findings requires that a final report should be issued within eight weeks of the issue of the first draft to management, unless an alternate timescale is agreed with the Chief Internal Auditor.  If reports are not finalised within the prescribed timescale the Chief Internal Auditor can issue the reports to the Risk and Audit Committee whether or not agreed with management.

7. Reporting to the Risk and Audit Committee

The Chief Internal Auditor must provide a report on a quarterly basis to the Risk and Audit Committee, the States Treasurer and the Chief Executive setting out the progress made to date on the Internal Audit Plan and key control issues noted.

8. Confidentiality of internal audit reports

Internal Audit reports are confidential. Accountable Officers and others on the circulation list for Internal Audit reports must not forward or circulate these reports to anyone else without first obtaining the permission of the Chief Internal Auditor.

9. Access to persons and information

The Chief Internal Auditor and staff must have unfettered right of access to all persons and information within States bodies. Any requests must be complied with.

10. Independent reporting arrangements

The person designated as Chief Internal Auditor must have an unfettered right to report on specific matters direct to any of the following:

  • the Minister for Treasury and Resources 
  • the Treasurer of the States
  • the Principal Accountable Officer
  • the Chair of the Risk and Audit Committee
  • the Comptroller and Auditor General
  • the external auditor appointed by the Comptroller and Auditor General

The Chief Internal Auditor must advise the Treasurer of any such reports.

Acceptance of gifts and hospitality

Introduction and background

The Government and States of Jersey place great importance on the need to ensure that bribery and corruption has no part to play in the way that the Island is governed. This is evidenced in the Corruption (Jersey) Law 2006 which makes it a criminal offence for a public official to do or not do any act in relation to the official’s position, office or employment, for the purpose of corruptly obtaining any advantage, whether for his or her own benefit or for the benefit of any other person.

To support this Law this section provides guidance and requirements on how States Bodies should manage the receipt of gifts and hospitality and applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019. It applies to gifts and hospitality either given to, or offered to, any States of Jersey employee, Crown appointments and Non-ministerial officers (“States employee(s)”). This section does not apply to any type of grouped collection of money/gift given on behalf of pupils to a teacher, or another member of a school’s staff, as an end of term/year gift. The exception to this is where a teacher or another member of the school’s staff receive or are offered a gift with a value of £40+ from one individual household, in this instance the recipient must report and declare the gift in line with the requirements of this section.

The “reasonable bystander” test should be applied i.e. whether a reasonable bystander witnessing the transaction could reasonably perceive that a gift was given to influence the person in the course of their functions, or to buy goodwill in the hope of future influence.

Where the States or a States Body appoints a lay person on a voluntary basis to any Board or Panel they should consider including appropriate references to this Section of the manual in the relevant terms of engagement.

Users of this section should also refer to other sections of the manual that are relevant specifically this includes:

  • Risk management
  • Fraud
  • Offering gifts and hospitality

In addition to the common risks identified in the Background and introduction section of this Manual a number of significant risks relating to this section include:

  • that gifts or hospitality are accepted as an inducement to do or not do something
  • the Government's or States of Jersey’s reputation may be compromised as a result of poor practice and weak governance arrangements
  • creating a conflict of interest. For example, perceived as influencing a decision to award a contract, set policy or regulate a service
  • States of Jersey employees are not protected from unwarranted criticism from not following due process, best practice guidance or adherence to principles
  • Ministers and Assistant Ministers are bound by the Code of Practice for Ministers and Assistant Ministers

Gifts or hospitality received by, or offered to, employees must be recorded on the corporate gifts and hospitality register with the exception of Court Services (Judicial Greffe and Viscount’s Department), which operate their own separate register and approval process.

Princi​​ples​

1. Employees should not accept a valuable gift or money for personal reward.

2. In all cases where a gift or hospitality is offered a test of reasonableness should be applied.

3. Employees should consider, in all cases, whether the gift or hospitality offered may implicate or cause the Government or States of Jersey or themselves reputational damage if details were in the public domain. For example, this could apply to gifts or hospitality given by a supplier, potential supplier, customer or client or an Arm’s Length Organisation or grant funded body. 

4. Multiple gifts under the specified limit for disclosure should not be used as a means to avoid making a declaration in the Register.

5. Accountable Officers should ensure that there is a regular review of Gifts and Hospitality within their States Body with any concerns declared in the Corporate Governance Statement. They will need to request a copy of the register from the Head of Financial Governance in Treasury and Exchequer.

6. Under no circumstances should gifts received in the course of employment be sold by the recipient for personal gain.

7. Gifts and hospitality received by Ministers and Assistant Ministers

Approval is not required for gifts or hospitality received by Ministers and Assistant Ministers, but the Gifts and Hospitality online form should be completed in line with Government and States of Jersey requirements. Ministers and Assistant Ministers are responsible for ensuring notification to the States Greffe in line with the States Assembly Code.

Requirements

​Gifts and hospitality valued at £40 or more 

1. Declaration

Any gift or hospitality received, or offered but declined, with a cumulative value of £40 or more, must be declared in line with States of Jersey requirements and relevant approval sought.

2. Completion of online gifts and hospitality form

Approval prior to accepting a gift or hospitality must normally be secured in line with Government or States of Jersey requirements. This approach is not always appropriate as refusal to accept a gift or hospitality may be seen as discourteous, for example, when a gift is given in recognition of, or gratitude for, a service provided by an employee(s) in the course of their duties, or where a spontaneous offer of hospitality is accepted (although clearly inappropriate offers must still be declined). In these circumstances the gift or hospitality must be declared as soon as possible after receipt.

3. Approval of gifts and hospitality

The receipt of gifts and hospitality above the limits specified in requirement 1. The declaration must be approved by the Accountable Officer of the relevant department, or their delegate, as specified in the Scheme of Delegation submitted to the Treasurer of the States for approval. Where Accountable Officers of Government departments are the recipient of gifts or hospitality, approval must be obtained from the Treasurer of the States or Head of Finance Business Partnering. Where Accountable Officers of Non-Ministerial departments are the recipient of gifts or hospitality, approval must be obtained from another Non-Ministerial Accountable Officer or the Head of Finance Business Partnering. Where the recipient is the Treasurer, approval must be obtained from the Principal Accountable Officer, and vice versa.

4. Cash gifts 

Where a cash gift is given, for example in recognition of, or gratitude for, a service provided by an employee(s) in the course of their duties this must be paid into a suitable bank account for the general use of those providing the service, details of which can be obtained from the relevant Head of Finance Business Partnering. The gift must also be declared on the register. 

Gifts and hospitality valued at less than £40

For the avoidance of doubt there is no requirement to record incidental and low value hospitality received such as a working lunch as part of a meeting, unless there is a risk that acceptance could be perceived as having potential reputational damage. As a general guide, no more than one working lunch from the same organisation, such as a supplier or grant recipient, should be accepted in any financial year - any more must be declared and approved. This approval can be for a group of working lunches over a period.

5. Declaration

Where the recipient of gifts or hospitality considers that they may implicate or cause the Government or States of Jersey or themselves reputational damage if details were in the public domain, then these must be declared even if valued at less than £40. This also applies where the offer was declined. For example, this may include gifts or hospitality given by a supplier, potential supplier, an Arm’s Length Organisation or grant funded body.

Where there is considered to be little or no risk of reputational damage receipts valued at less than £40 need not be declared.

6. Approval of gifts and hospitality

The receipt of gifts and hospitality below the £40 limit must be approved by the Accountable Officer of the relevant department where the recipient considers they may implicate or cause the Government or States of Jersey or themselves reputational damage if details were in the public domain. Approval must normally be secured in advance of acceptance. This approach is not always appropriate as refusal to accept a gift or hospitality may be seen as discourteous. For example, when a gift is given in recognition of, or gratitude for, a service provided by an employee(s) in the course of their duties, or where a spontaneous offer of hospitality is made. In these circumstances the gift or hospitality must be declared as soon as possible after receipt. Where Accountable Officers are the recipient of gifts or hospitality, approval must be obtained from the Treasurer of the States. Where the recipient is the Treasurer of the States, approval must be obtained from the Principal Accountable Officer, and vice versa.

7. Cash gifts

Where a cash gift is given, for example in recognition of, or gratitude for, a service provided by an employee(s) in the course of their duties, this must be paid into a suitable bank account for the general use of those providing the service, details of which can be obtained from the relevant Head of Finance Business Partnering.

8. Gifts and hospitality under £40 that always require approval

The following items of gifts or hospitality are contentious and represent heightened risk. As such, if the offer cannot be declined, approval must always be sought from the Accountable Officer or their delegate if documented in the Scheme of Delegation, through the online gifts and hospitality register, regardless of value:

  • cash (or any payment that is effectively equivalent to giving cash, for example paying for something on behalf of someone, including a member of staff)
  • gift cards
  • donations to charity
  • event tickets
  • sightseeing excursions
  • alcohol. Approval is not required for a single alcoholic drink bought for a member of staff, for example at a networking event
  • overnight stays
  • where the giver is a family member of the receiver (where the gift or hospitality is offered or received in a work situation)

Where a cash gift is given, for example in recognition of, or gratitude for, a service provided by an employee(s) in the course of their duties this must be paid into a suitable bank account for the general use of those providing the service, details of which can be obtained from the relevant Head of Fin​ance Business Partnering. The gift must also be declared on the register.

When considering whether to approve a gift or hospitality under this requirement, the Accountable Officer must take the following matters into account:

  • whether the Accountable Officer, department, States or Government could be criticised for accepting from one particular charity, member of staff or group of staff;
  • whether the proposed gift or hospitality could be subject to accusation of favouritism or conflict of interest; 
  • whether the proposed gift or hospitality advances and contributes to the objectives of the department, States or Government; 
  • whether the proposed gift or hospitality sets a precedent that could result in further instances across the department, or other departments; 
  • whether the proposed gift or hospitality infringes the Codes of Practice on:
    • ​standards in Public Service; and
    • ​performance and accountability

Gifts and hospitality offered

Introduction and background

The Government and States of Jersey place great importance on the need to ensure that bribery and corruption has no part to play in the way that the Island is governed. The Corruption (Jersey) Law 2006 makes it a criminal offence for a public official to do or not do any act in relation to the official’s position, office or employment, for the purpose of corruptly obtaining any advantage, whether for his or her own benefit or for the benefit of any other person.

This is evidenced in:

  • the States and Government of Jersey Anti-Fraud and Corruption Policy
  • the States of Jersey Anti-Fraud and Corruption Strategy
  • the Anti-Money Laundering (AML) Policy

To support this Law, the policies and the strategy, this section provides guidance and requirements on how States Bodies should manage offering gifts and hospitality. It applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019. It applies to gifts and hospitality offered by any States of Jersey employees, Crown appointments and Non-Ministerial officers (“States employees”). This includes gifts and hospitality offered to staff.

Occasionally gifts, hospitality or entertainment are a normal part of the courtesies of public life.

Offering gifts and hospitality is permitted but it must be only for the right reason and clearly as an act of appreciation or for a business purpose. For example, to show respect, establish or build relationships or represent the organisation. It must not create any obligation or expectation on the recipient.

Offering gifts, hospitality and entertainment is vulnerable to being seen as inducement, or as an improper and wasteful use of public money. It is important that this expenditure is transparent, proportionate and reasonable, and will withstand scrutiny such as Internal Audit, States Questions and Freedom of Information questions.

The “reasonable bystander” test should be applied, for example, whether a reasonable bystander witnessing the transaction could reasonably perceive that a gift was given to influence the person in the course of their functions, or to buy goodwill in the hope of future influence.

Users of this section should also refer to other sections of the manual that are relevant specifically this includes:

  • Risk management
  • Accountable Officers in Government Departments
  • Accountable Officers in Specified Organisations
  • Accountable Officers in Non Ministerial States Bodies
  • Acceptance of gifts and hospitality
  • Special payments

In addition to the common risks identified in the Background and Introduction section of the manual a number of significant risks relating to this section include:

  • the value or nature of a gift or hospitality is inappropriate or excessive to the occasion or the reason for giving it
  • the gift or hospitality is given in explicit or implicit expectation of favour in return
  • the gift or hospitality is given in substitution for legitimate payment or remuneration
  • the gift or hospitality expense is not approved
  • the Government's or States of Jersey’s reputation may be compromised as a result of poor practice and weak governance arrangements
  • using a purchase card to pay for gifts or hospitality can result in inappropriate business-related expenditure, poorly documented or justified expenditure or paying for personal items or benefits

Principles

1. The decision to offer gifts or hospitality should be based on objective criteria, rather than on any sort of bias, preference, or improper reason.

2. Employees should follow specific policies and procedures, such as the Business Travel Policy and Purchase card procedures (within supporting documents) which give guidance for decision-making and streamline internal processes.

3. Managers should set the standard for what is and is not acceptable to offer as a gift or hospitality. They should promote open and effective communication, professionalism, and transparency at all times.

4. Approval is not required for gifts or hospitality offered by Ministers and Assistant Ministers, but the Gifts and Hospitality online form should be completed in line with Government and States of Jersey requirements. Ministers and Assistant Ministers are responsible for ensuring notification to the States Greffe in line with the States Assembly Code.​

Requirements

1. Offering gifts and hospitality – under £40

Gifts and hospitality expenditure with a value under £40 per head does not require additional approval, but check​ “Approval – any value” requirement below.

2. Approval – over £40

Gift or hospitality expenditure with an individual or cumulative value of £40 or more, must be approved in advance in line with the relevant Accountable Officer’s scheme of delegation. The person approving the expenditure must be satisfied that it is for a justifiable business purpose and that is consistent with the SoJ objectives. This must be recorded in the online gifts and hospitality register.​

It is not acceptable for gift or hospitality transactions to be structured in such a way as to attempt to avoid the financial limit.

Where Accountable Officers are the direct giver of gifts or hospitality, approval must be obtained from the Head of Finance Business Partnering. Where the direct giver is the Treasurer of the States, approval must be obtained from the Principal Accountable Officer, and vice versa.

3. Approval – any value

The following items of gifts or hospitality are contentious and represent heightened risk. As such approval must always be sought from the Accountable Officer, or their delegate if documented in the Scheme of Delegation, through the online gifts and hospitality register, regardless of value:

  • cash, or any payment that is effectively equivalent to giving cash, for example paying for something on behalf of someone, including a member of staff
  • gift cards
  • donations to charity
  • event tickets
  • sightseeing excursions
  • alcohol
  • overnight stays
  • where the recipient is a family member of the giver, and the gift or hospitality is offered or given in a work context

4. Expenditure

Gift and hospitality expenditure decisions must:

  • i. ​​be made transparently
  • ii. be made with proper authority
  • iii. have a justifiable business purpose
  • iv. preserve impartiality
  • v. be made with integrity
  • vi. be moderate and conservative

These principles must be applied together. None should be applied alone, and no principle should be treated as more important than any other.

5. Supporting documents

Supporting documents such as invoices and receipts must be retained and available upon request for all expenses incurred and must include the date, amount, description, and purpose.

6. Donations

A donation is a gift in a form of payment, such as money, goods or services, made voluntarily and without expecting reciprocation.

Donations must not create any obligation on individuals or organisations, other than to apply the donation to the purposes of the recipient. They must be lawful in all respects, non-political, disclos​ed and appropriately documented.

7. Entertainment and hospitality expenditure

Offering entertainment and hospitality must only be incurred if it is deemed to be in the public interest and it is:

  • cost-effective and appropriate for the occasion
  • supported by appropriate documentation that includes receipts, names of parties entertained, and the reasons for the entertainment and hospitality

Alcohol is not permitted when offering hospitality unless approval has been received from the budget holder or accountable officer, or delegate. Approval should be sought at pre-authorisation stage wherever possible.

8. Loyalty reward scheme benefits

Gift and hospitality expenditure must not result in receiving any personal benefits or loyalty scheme rewards. 

Oth​​er

Fraud, c​orruption and money laundering

Introduction and background

This section applies to all States Bodies as defined in the Public Finances (Jersey) Law 2019, and provides assistance in the prevention, detection, and reporting of fraud, corruption, and money laundering.

The States of Jersey’s objective is to identify the potential areas where fraud, corruption and money lau​ndering may occur and show that controls are in place to mitigate it, and to comply with all legal and regulatory requirements, including the Corruption (Jersey) Law 2006, the Money Laundering (Jersey) Order 2008 and the Investigation of Fraud (Jersey) Law 1991.

The States’ Anti-Fraud and Corruption Policy and Strategy make clear that the States have a zero-tolerance approach to fraud and corruption in relation to their business.

All staff within States Bodies and States Members are always required to act honestly and with integrity and to safeguard the public resources for which they are responsible. The States and Government will not accept any level of fraud or corruption; consequently, any case will be thoroughly investigated and dealt with appropriately. States Members are subject to the Code of Conduct for Elected Members within the Standing Orders of the States of Jersey.

The States of Jersey has a Whistleblowing Policy for public servants​.

‘Fraud’ is the act of gaining a dishonest advantage, often financial, over another person. It is the intentional distortion of financial statements or other records by persons internal or external to the organisation which is carried out to conceal the misappropriation of assets or otherwise for gain. Fraud is a deliberate action and is therefore always intentional and dishonest.

Examples of potential fraud include but are not limited to:

  • asset misappropriation 
  • accounting fraud 
  • data theft 
  • illegal insider trading 
  • tax evasion
  • procurement fraud
  • employee fraud
  • benefits fraud

‘Corruption’ is defined as dishonest conduct by those in power. It can include bribery, which is defined as offering or paying of illegal inducements, usually in exchange for an unfair and illegitimate advantage; or offering, giving, soliciting or acceptance of an inducement or reward which may influence the action of any person.

Examples of potential corruption include but are not limited to:

  • acceptance of gifts and hospitality to influence a procurement decision with a supplier
  • bribery of an interview panel member to ensure appointment of a particular candidate
  • States planning decisions influenced by gifts, hospitality or donations from a 3rd party
  • undisclosed conflict of interest leading to a contract award to a particular supplier

‘Money laundering’ is a process of concealing the source of money from illegal activities and converting it to a clean and legal source.

The States of Jersey Anti-Money Laundering Policy allows for acceptance and banking of cash payments below £1,000. If the money offered in cash is £1,000 or more, then payment may be accepted but must not be processed, for example banked, until the employee has received guidance from the Designated AML Lead or Deputy Designated AML Lead. The Policy (within supporting documents) applies to all States Departments and aims to maintain the high standards of conduct which currently exist within the States of Jersey in preventing criminal activity through money laundering.

Users of this section should refer to other sections of the Public Finances Manual that are relevant including:

  • Accountable Officers in Government Departments
  • Accountable Officers in Specified Organisations
  • Accountable Officers in Non Ministerial States Bodies
  • Expenditure and procurement
  • Income
  • Risk management
  • Conflicts of Interest
  • Acceptance of gifts and hospitality
  • Gifts and hospitality offered

In addition to the common risks identified in the background and introduction section of the manual several significant risks relating to this section include:

  • unrecorded, undeclared and unresolved conflicts of interest and/ or acceptance or offer of gifts and hospitality
  • manipulation of finance system such as approving payments, falsifying invoices, making or receiving payments to private bank accounts
  • financial statements fraud such as understatements and overstatements, fictitious investments
  • payroll fraud such as fictitious employees, abuse of holiday leave or time off, claiming unworked hours, false compensation claims
  • exploitation of vulnerabilities in controls, such as a lack of accountability or oversight, to commit fraud
  • corruption in times of a pandemic or other emergency response 
  • fraudulent purchase card expenditure, used for personal expenditure, or expense claims, for example mileage
  • theft of cash, plant and equipment, inventory such as stealing from petty cash, taking money from a till, theft of inventory, theft of computers and other IT related assets
  • cybercrime
  • new and emerging types of fraud that the organisation is not prepared for​

Principles

1. Accountable Officers should be responsible for managing the risks which their respective States Bodies face, including fraud and corruption risks. They should be responsible for establishing and maintaining sound systems of internal control to manage such risks. Accountable Officers should be alert to new and emerging fraud and corruption risks affecting their States Body.

2. Accountable Officers should consider the risks of fraud and corruption in relation to any arm’s length body associated with their department, and should ensure any lay members are aware of the States’ Anti-Fraud and Corruption and Anti-Money Laundering Policies and Strategy.

3. Accountable Officers should maintain an environment where staff are willing to talk about fraud risks and senior managers are receptive to those discussions.

4. Accountable Officers should ensure that the 'zero tolerance' position within the States of Jersey on fraud, corruption and money laundering is well known amongst their staff.

5. All managers should regularly circulate States of Jersey fraud, corruption and money laundering communications received to their staff. 

6. All employees should report any suspicion of money laundering activities to the Designated AML Lead or Deputy Designated AML Lead.

7. All employees should be willing to raise any concerns they might have that relate to fraud, corruption and money laundering.

8. All employees should be aware of the risks of non-monetary fraud. This can include taking work resources home for personal use, carrying out personal activity in work time or accepting gifts of time or 'valueless' goods from external parties in exchange for States resources.

Requirements

1. Compliance with policies

Accountable Officers and all staff must comply with the States of Jersey Anti-Fraud and Corruption Policy and Anti Money Laundering Policy (attached in supporting documents).

2. Counter fraud, corruption and money laundering lead officer

Accountable Officers in Government departments must designate a lead officer in their area of operation who will lead on counter fraud, corruption and money laundering activity. That officer will:

  • act as the lead liaison on behalf of the Anti-Fraud, Corruption and Money Laundering Working Group 
  • report to the Accountable Officer on the progress of any fraud, corruption and money laundering matters
  • assist in promoting anti-fraud, corruption and money laundering training to employees within the area of operation
  • assist in promoting an anti-fraud, corruption and money laundering culture throughout the organisation

The designation must be included in the Accountable Officer’s scheme of delegation. For the avoidance of doubt the designation identifies a point of contact – it is not a dedicated post or job title and should not involve a significant time commitment.

3. Risk assessment 

Accountable Officers, or delegates, must identify, assess, and evaluate their departments’ specific fraud, corruption and money laundering risks and document this within the States of Jersey Enterprise Risk Management system. Risk assessment must be carried out at least annually and controls must be tested to confirm effectiveness.

4. Internal controls

Accountable Officers must customise their response to fraud, corruption and money laundering risks to reflect the nature of the activities and the risks they face. This will typically involve, but is not limited to the following:

  • risk assessment
  • establishing, developing and maintaining sound system of internal controls, for example control over physical assets, segregation of duties, clear procedures or guidance, scheme of delegation, authorisation process, pre-employment screening. Accountable Officers must be aware of which controls they are responsible for, and which are carried out by Shared Services or Finance Business Partners – for example Shared Services staff are not responsible for checking that transactions have been initiated within the respective department’s Scheme of Delegation limits
  • addressing control weaknesses quickly in order to prevent any recurrence of fraud or corruption
  • taking appropriate action against fraudsters and seeking to recover losses
  • reporting instances of suspected fraud, corruption or money laundering in accordance with any corporate requirements

5. Training and awareness

Accountable Officers must take all reasonable steps to ensure that staff within their area of responsibility complete anti-fraud and corruption mandatory or role specific training, when available.

6. Using States resources for personal purposes

Employees must not use States or Government resources for personal purposes without the express permission of their line manager. This can constitute fraud, and can include taking home 'spare' supplies or carrying out personal activities in work time.

7. Responsibilities of all employees

All employees play a key role in preventing, detecting, and reporting fraud, corruption and money laundering. Each member of staff must:

  • ensure that public funds and all other resources are used appropriately and to the best advantage of the service
  • conduct themselves in accordance with the standards set out in the States of Jersey Codes of Practice​ 
  • declare offered or given gifts and hospitality
  • submit a conflicts of interest eform where there is an interest to be declared
  • ensure that all expense claims are supported by the original receipts, scanned and attached when submitting the claim on MyView, and the reason for the claim

​Each member of staff must not:

  • under any circumstances use their purchase card to fund personal expenditure
  • claim for any hours worked or allowances that they are not entitled to
  • take any work resources home for personal use without express permission from the line manager
  • carry out significant personal activity in paid work time without express permission from the line manager

Any fraudulent activity by a member of staff is likely to result in disciplinary action.

Losses and write offs

Introduction and background

This section applies to all States Bodies as defined in the Public Finances Law. This section provides guidance to States Bodies on what is expected when they incur losses or write off the value of assets. This section also applies to Funds for which a States Body is responsible. Specified Organisations may also want to follow this section.

As the States Assembly does not agree or approve advance provision for potential future losses when voting money or passing specific legislation, such transactions when they arise are subject to greater scrutiny and control than other payments.

A loss is any event that temporarily or permanently causes a decline in value or deprives the States of revenues, services, tangible or intangible assets or resources, including human resources. Below are some examples of circumstances that may result in losses:

  • overpayments to staff due to miscalculation, misinterpretation etc. of allowances and superannuation benefits
  • overpayments of social security benefits, grants, subsidies etc.
  • fraud and theft, arson or any other deliberate act
  • claims waived or abandoned
  • fruitless payments which cannot be avoided because the recipient is entitled to it even though nothing of use to the States Body will be received in return e.g. payment for travel tickets or hotel accommodation wrongly booked; or for goods wrongly ordered or accepted
  • losses due to errors in procurement processes
  • bookkeeping losses such as unexplained payments e.g. unvouched or incompletely vouched payments
  • inadequate charges e.g. for the use of public property
  • losses are incurred due to damage to, or inadequate maintenance of physical property, e.g. stock
  • a loan default
  • revaluation of assets

Users of this section should refer to other sections of the Public Finances Manual that are relevant. Specifically this includes:

  • government plan and budgeting
  • expenditure
  • fees and charges
  • fraud
  • income
  • lending
  • investment

In addition to the common risks identified in the background and introduction section of the manual a number of significant risks relating to this section include: 

  • losses are recognised and written-off when there could be other alternatives to avoid the write-off
  • assets are deliberately written-off in order to facilitate theft or fraud
  • there is a loss of revenue that could have been received or collected
  • the resources of the States Body are not used efficiently and effectively to meet the States or Government of Jersey’s Strategic Priorities
  • increased budget projections due to an increase in the trend of losses or write-offs lead to a possible increase in fees and charges
  • services to specific groups of users could, in effect, be reduced due to increased losses
  • there is an incorrect accounting treatment of losses due to a lack of understanding of the different type of losses

Principles

1. Losses and write offs should be reduced to the lowest level possible or entirely mitigated.

2. States Bodies should have clear methods of investigating, mitigating, and reducing losses and write offs.

3. All losses and write offs should be carefully appraised and approved before being processed.

4. States Bodies should only consider accepting losses and write offs after careful appraisal of the facts (including whether all reasonable action has been taken to effect recovery), and should be satisfied that there is no feasible alternative.

Requirements

1. Assessment of controls

Accountable Officers must ensure that they have arrangements for detecting weaknesses or failures in the control system around losses and write offs and identifying appropriate corrective actions. The ability to authorise losses or write offs must be documented in the relevant Scheme of Delegation.

2. Consultation

Accountable Officers must ensure that they adopt a pragmatic approach to losses and write offs and document that approach. However, irrespective of the amount of losses, States Bodies should consult Treasury and Exchequer if the loss or write off:

  • involves important questions of principle
  • raises doubts about the effectiveness of existing systems
  • contains lessons which might be of wider interest
  • is novel or contentious
  • might create a precedent for other States Bodies in similar circumstances
  • arises because of obscure or ambiguous instructions issued centrally

3. Maintaining records

Accountable Officers must ensure that they maintain a record of losses at all times. The record should show:

  • the nature and gross amount (or estimate where an accurate value is unavailable)
  • cause of each loss
  • the action taken, total recoveries and date of write-off where appropriate
  • the annual accounts in which each loss is to be noted

4. Recovery

Accountable Officers must maintain a record of claims to ensure that recovery is not overlooked where efforts are still being made to secure recovery of cash losses formally written off and charged to the accounts and noted.

5. Potential losses

Accountable Officers must identify the different types of losses that may arise in the operations of the Body and ways to address the losses.

6. Loss management

When managing losses, considerations by States Bodies should include but not be limited to the following:

  • for any loss incident, where there is evidence of threatening behaviour or other equivalent emergency situation, notifying the police immediately
  • ensuring there are internal procedures for investigating, detecting, mitigating and monitoring of losses and write offs. The procedures must include what procedures should be undertaken after a loss incident in terms of review of the efficiency and effectiveness of the existing system
  • methods to be used for any loss incident in order to recover losses in a cost-effective manner
  • for all cases where a States Body has reason to believe that the conduct of an employee or contractor in the workplace is criminal in nature, promptly notifying the appropriate police authority and cooperate in any resulting investigation and subsequent prosecution
  • when dealing with a loss incident alleging illegal activity by a Body’s employee or contractor, the Body must not make any threat or promise to the employee or contractor or their representatives as to whether the alleged illegal activity will or will not be referred for criminal investigation or prosecution
  • whether it may be appropriate to make an insurance claim in respect of the loss

7. Notifying Treasury and Exchequer and quarterly reporting

Accountable Officers must provide a quarterly return to Treasury and Exchequer detailing all losses incurred in the period. Losses should be valued in accordance with the Jersey Financial Reporting Manual. Where losses or write offs exceed £30,000 they should be notified to Treasury and Exchequer, where practical, before the payment is made or loss recorded.

Jersey Overseas Aid

Introduction and background

This section applies to the Jersey Overseas Aid Commission, known publicly as ‘Jersey Overseas Aid’, which is designated as a Specified Organisation in the Public Finances Law. 

Jersey began its official overseas aid programme in 1968. Its current incarnation was established and is governed by the Jersey Overseas Aid Commission (Jersey) Law (2005). The organisation is governed by a Commission, which consists of three States members and three non-States members, all of whom are appointed by the States. They are legally responsible for managing the monies voted annually by the Government of Jersey for overseas aid. They are assisted in doing so by a team of directly-employed professional staff, led by an Executive Director.

Jersey Overseas Aid provides funding in the following ways:

  • grants for development projects implemented through UK-registered charities and other recognised specialist aid agencies
  • humanitarian aid and disaster relief through internationally-recognised relief agencies
  • community work projects, where teams of Jersey volunteers undertake specific development projects overseas
  • supporting Jersey charities in their work overseas, often on a matched-funding basis
  • providing sponsorship and bursaries to Jersey citizens conducting charitable work overseas

The chair of the Jersey Overseas Aid Commission is also, by definition, the Minister for International Development, and vice versa. The Minister for International Development, in conjunction with the Commission, is responsible for policy on:

    1. promoting economic and social development in developing countries; and
    2. humanitarian aid overseas

The Jersey Overseas Aid Commission is not linked to any Department or States Body for funding purposes. It is a separate Head of Expenditure in the Government Plan.

The Jersey Overseas Aid Commission remains an independent body governed by its own (2005) law, and is a separate legal entity from the Government of Jersey.

The Jersey Overseas Aid Commission complies with the Public Finances Manual, but due to the unique nature and overseas-focus of its work it has developed some policies and procedures of its own which may differ from those in the Public Finances Manual. This section lays out where Jersey Overseas Aid complies with and differs from the Public Finances Manual.

Principles

1. Jersey Overseas Aid recognises that it has a dual responsibility: to the world’s poorest and neediest people, and to Jersey’s taxpayers. Discharging this dual responsibility requires the same, fairly straightforward approach: a well-governed, professionally-staffed donor organisation making the most effective use of its budget, concentrating on areas where Jersey can add the most value, and focusing on long-term outcomes rather than short-term activities.

2. The Mission of Jersey Overseas Aid is ‘To translate the generosity, skills and compassion of the people of Jersey into effective assistance for the world’s neediest people’. 

3. Jersey Overseas Aid’s high-level objectives are laid out in its 5 year strategy plan and are the following:

  • to promote sustainable economic and human development in some of the poorest countries on earth
  • to provide timely humanitarian assistance to victims of natural and manmade disasters
  • to facilitate the efforts of individuals and organisations in Jersey to provide assistance to the world’s poor
  • to enhance Jersey’s international personality as a responsible global citizen and force for good in the world

4. Jersey Overseas Aid complies with international standards, set out by the Organisation of Economic Co-operation and Development Assistance Committee, in what constitutes Official Development Assistance. Jersey Overseas Aid aims to improve aid and development effectiveness and is guided by the principles of aid effectiveness, as set out in the 2005 Paris Declaration, the 2008 Accra Agenda for Action, the 2011 Busan Outcome Document and the 2014 Mexico Communique. The key principles for effective aid, defined in the Busan outcome, are:

  • country ownership
  • transparency and accountability
  • focus on results
  • inclusive development partnerships

Requirements

1. Accountable Officer

The Principal Accountable Officer may appoint an Accountable Officer for Jersey Overseas Aid who will ensure accountability to the Principal Accountable Officer for the use of resources. The Accountable Officer must be a full-time employee of the Jersey Overseas Aid Commission. In normal instances, the Accountable Officer will be the most senior full-time official of the Jersey Overseas Aid Commission. The appointment, responsibilities and other guidelines are covered in the Accountable Officers section.

2. Oversight

A specific Memorandum of Understanding is being developed between Jersey Overseas Aid and the Office of the Chief Executive, which will set out the administrative support which the Government of Jersey will provide to Jersey Overseas Aid. The Accountable Officer must ensure compliance with the forthcoming Memorandum of Understanding.

3. Compliance in full with Public Finances Manual

Jersey Overseas Aid complies in full with the following applicable sections of the Public Finances Manual:

  • assets
  • leases
  • cash
  • banking
  • foreign currency
  • special payments
  • financing
  • lending
  • income
  • projects
  • fraud
  • losses and write offs

4. Majority Compliance with Public Finances Manual

Jersey Overseas Aid complies with the following sections of the Public Finances Manual with certain stated exceptions:

  • consulting Treasury and Exchequer. Full compliance, except in Section 2 of Explicit Approval, Compliance only with the provision ‘Expenditure proposals affecting the Government of Jersey’s approved expenditure totals’ and none of the other examples given.
  • Expenditure and Procurement. The provisions only apply to Jersey Overseas Aid where the expenditure and procurement are conducted within Jersey. 
  • Major Projects. The provisions only apply to Jersey Overseas Aid where the major projects are conducted within Jersey.
  • Delegations and Changes to Head of Expenditures. Full compliance apart from being exempt from requirement 6 under and overspends of revenue budgets. Any underspend at the end of the financial year should not be transferred to the Reserve but may be retained by Jersey Overseas Aid for allocation in the following year. This will need to be effected by a decision of the Minister for Treasury and Resources.
  • Annual financial Statements. Compliance except with the provision of requirement 2 of Semi-Annual Updates. Financial reports can be provided but not focusing on ‘progress against objectives’. 
  • Fees and Charges. Full compliance to the extent that this section is relevant, but this section does not affect Jersey Overseas Aid’s ability to recover costs from volunteers deployed on projects abroad

5. Exemptions from Compliance with Public Finances Manual

Jersey Overseas Aid is exempt from compliance with the following sections of the Public Finances Manual:

  • Grants and Sponsorships. Awarding grants is the main task of the Jersey Overseas Aid Commission, and the organisation follows its own policies and procedures in this respect. 
  • Investment. Jersey Overseas Aid reserves the right to make impact-oriented investments in developing countries in accordance with Organisation of Economic Co-operation and Development guidelines and only to the extent that they remain eligible to be considered Official Development Assistance. 

Jersey Overseas Aid has developed and complies with its own travel policy, developed due to the nature of its work in difficult environments abroad.

Jersey Overseas Aid has its own insurance (travel, public and employers’ liability, Directors and Officers, Special Risks).

States Employment Board

Introduction and background

The States Employment Board is established in the Employment of States of Jersey Employees (Jersey) Law 2005. It is a political body chaired by the Chief Minister, or their nominee (who must be another Minister), and comprises two Ministers or Assistant Ministers (appointed in writing by the Chief Minister) and two other members of the States Assembly (who are neither a Minister nor an Assistant Minister and who are appointed by the States Assembly). The Board may also appoint one or 2 advisors who have the right to attend and speak at meetings. The States Employment Board may delegate (in writing) to any of its members, or to the Chief Executive Officer, any of its powers or functions.

The States Employment Board is the employer of States of Jersey employees but has a more limited role in relation to certain specified senior appointments including within the Non-Ministerial Departments, Crown Officers and police officers.

The States Employment Board is responsible for giving directions regarding consultation or negotiation with States’ employees, or with representatives of States’ employees, concerning pay awards and the term and conditions of employment of those employees. This is particularly important in financial terms as a large proportion of overall States expenditure is incurred on staff costs.

Other legislative and States approved functions of the States Employment Board include:

  • ensuring that the public service conducts itself with economy, efficiency, probity and effectiveness
  • accountability for the health, safety and well-being of States’ employees
  • issuing Codes of Practice (strategic policy documents) with which Accountable Officers (including those for Ministerial and Non-Ministerial Departments) have a duty to comply (Accountable Officers are required to produce a Policy statement setting out how they and their delegates comply with the directions set in the relevant Code)
  • approving the engagement of senior employees, interims and contractors under the requirements of P59/2011
  • oversight of the Jersey Appointments Commission including recommending appointments to the Commission
  • preparing an Annual Report to the States Assembly.

All States Employment Board meetings are supported by the Group Director of People and Corporate Services who ensures that:

  • meetings are formally recorded (by the States Greffe) and that minutes are agreed at a subsequent meeting
  • decisions are notified to the relevant Minister and Accountable Officer – decisions which have financial implications must also be reported to the Minister for Treasury and Resources and Treasurer of the States

P.59/2011 – Salaries over £100, 000 – Process for Review and Scrutiny imposes a duty on the States Employment Board to control and monitor all pay proposals where the salary is likely to be over £100,000 per annum. There are established arrangements for reporting on such proposals to the States Employment Board, using a standard proforma containing key information. The States Employment Board is supported in this process by the Group Director of People and Corporate Services. Approval is required from the States Employment Board for the salary band/daily rate, and also where an alternate arrangement is required to engage the most suitable candidate.

In addition to the common risks identified in the Background and Introduction section of this Manual a number of significant risks relating to this section include:

  • Accountable Officers are not fully aware of the legal, and States approved, responsibilities and accountabilities required of them by the States Employment Board
  • the States Employment Board does not receive the support required to meet its statutory and States approved obligations
  • expenditure approved by the States Employment Board may exceed the amount set aside by the States Assembly.

Principles

1. Effective oversight of people management is a critical component of the operation of the Government and States of Jersey. The role of the States Employment Board is to set the standards and give direction on its functions to officers rather than to conduct the work itself.

2. The States Employment Board should receive sufficient support to fulfil its obligations and it should ensure that it follows the requirements of the Public Finances (Jersey) Law 2019 and the Public Finances Manual when meeting those obligations.

Requirements

1. Consultation by the Group Director of People and Corporate Services (or their authorised delegate(s))

The Group Director of People and Corporate Services (or their authorised delegate(s)) must consult with the Minister for Treasury and Resources and the Treasurer of the States before any proposals are put to the States Employment Board which would result, or would be likely to result, in the amounts allocated, and approved, in a Government Plan to be exceeded.

The Group Director of People and Corporate Services, or their authorised delegate(s), must also consult with the Treasurer of the States and the relevant Accountable Officer (with responsibility for the budget out of which any costs would be met) prior to the States Employment Board offering an employment contract with non-standard clauses that could expose the States of Jersey to future liabilities.

The Group Director of People and Corporate Services must ensure that the Treasurer of the States (or a nominated representative from Treasury and Exchequer) is invited to all States Employment Board meetings with attendance required where either:

  • any proposals are to be put to the States Employment Board which would result, or would be likely to result, in the amounts allocated, and approved, in a Government Plan to be exceeded; or
  • the States Employment Board are considering offering an employment contract with non-standard clauses that could expose the States of Jersey to future liabilities.

2. Funding

Where a decision made by SEB has financial implications the Accountable Officer, of the department(s) affected, will be required in the first instance to meet additional costs within existing heads of expenditure. Where this is not possible a business case for supplementary funding from the Reserve head of expenditure must be made by the affected department to the Minister for Treasury and Resources (see section on Reserve head of expenditure).

The Accountable Officer must, in advance of any recommendation or decision of the States Employment Board, seek advice on any business case for funding from the Reserve from the Treasury and Exchequer.

3. Posts where remuneration is estimated to exceed £100,000

In order to meet the requirements of the Governance Statement Questionnaire (specifically Principle 1 – Accountability, Decision Making and Scrutiny) an Accountable Officer must ensure that all documentation relating to the filling, establishment or extension of any post(s) within their department where remuneration is expected to exceed £100,000 is properly completed and submitted to the States Employment Board in line with any deadlines set, in advance of finalising any decision.

4. Codes of Practice

In order to meet the requirements of the Governance Statement Questionnaire (see Principle 5. People management frameworks) Accountable Officers must complete an annual statement of compliance against the Code (applicable to the Codes issued from 2020 onwards) along with any breaches or exemptions applied to the Codes.

Specific States Owned Entities

Introduction and background

This section applies only to the following list of States Owned Entities (SOEs) (and their subsidiaries, if any) in which the States has an interest whether wholly or partly as Shareholder or as Guarantor:

Companies wholly owned by the States 

  • Andium Homes Limited (“Andium”)
  • Jersey Post International Limited (“JP”)
  • JT Group Limited (“JT”)
  • The States of Jersey Development Company Limited (“SoJDC”)
  • Ports of Jersey Limited (“PoJ”)

Companies partly (majority) owned by the States

  • The Jersey New Waterworks Company Limited (“JNWW”)  
  • Jersey Electricity Plc (“JE”)

These entities are referred to in Article 53 of the Public Finances (Jersey) Law, 2019 (the “Law”).  Under this Article the Minister for Treasury and Resources is responsible for managing the States’ shares in a company, wherever incorporated, on behalf of the States, and may exercise the rights and is responsible for any liabilities attached to the shares.  These companies are referred to as the States Owned Entities (SOEs).

In addition, there are powers set up under the individual Laws and Regulations governing each of the SOEs in this section.

The overriding consideration in any SOE arrangement is the achievement of the States’ Strategic Priorities in the most effective, efficient and economic manner, ensuring the imposition of robust controls over governance, including probity and regularity.

The Shareholder Relationship team within Treasury and Exchequer are responsible for maintaining the relationship between the States of Jersey and the above listed companies.

The States Owned Entities covered by this section can be split into two classes:

  • Strategic Investments; and
  • States-controlled subsidiary entities.

Strategic Investments

The shares the States hold in:

  • Jersey Electricity Plc
  • Jersey Post International Limited
  • JT Group Limited
  • JNWW

are classed as “Strategic Investments” and are companies in which the States have a controlling interest.   These companies are not consolidated into the States accounts because, even though the States have either a 100% shareholding or a majority shareholding, in an adaption of IFRS 10, the Jersey Financial Reporting Manual only requires entities to be consolidated where the States have direct control evidenced by the Government, Council of Ministers or a Minister exercising in year control over operating practices, income, expenditure, assets and liabilities of the entity.

As Strategic Investments the holdings in these companies are classified in the States annual report and accounts as “Available-for-Sale” instruments.

States-controlled subsidiary entities

In addition to the Strategic Investments the Minister is responsible for the following wholly owned subsidiary companies (and any subsidiary, if any): -

  • Andium - Jersey’s largest provider of affordable housing, managing more than 4,500 properties and providing homes for more than 10,000 Islanders and is the States wholly owned social housing provider.
  • Ports of Jersey - the wholly owned operator of the Island's Airport and Harbours, providing the strategic gateway infrastructure and associated services.
  • SoJDC – the wholly owned company responsible for the development and regeneration of States owned property and land no longer required for the delivery of public services.

The above subsidiaries are distinguished from the Strategic Investments by way of the level of control exerted by the States of Jersey.  Sufficient control is exerted over the entities above to meet the criteria for consolidation into the States of Jersey group accounts.

States of Jersey Investments Limited (“SOJIL”)

SOJIL is wholly owned by the States and is a nominee company formed to hold the issued shares in Jersey Post 

International Limited, JT Group Limited and Ports of Jersey Limited.

The following legislative provisions and agreements govern the operation of the SOEs:

SOE
Date incorporatedLegislation / Proposition
Articles of Association
Memorandum of Understanding / Agreement
Andium13 May 2014 P.33/2013 The Reform of Social Housing13 May 20141 May 2022
JEC5 April 1924 Electricity (Jersey) Law 193710 March 2003Agreement - 22 November 2014
Jersey Post22 September 2005 Postal Services (Jersey) Law 200430 May 20231 May 2022
JT12 May 2007 Telecommunications (Jersey) Law 20026 June 20231 May 2022
PoJ16 September 2015 P.70/2012 Incorporation of Ports of Jersey27 June 20231 May 2022
JNWW11 February 1882 Water (Jersey) Law 1972
22 June 2011Agreement -        2023
SoJDC21 February 1996 P.73/201​0 Property and Infrastructure Regeneration20 June 20111 May 2022
SOJIL10 October 2002N/A
10 October 2002N/A

Users of this section should also refer to the following sections of the Manual:

  • Accountable Officers in specified organisations
  • Annual financial statements.

These companies will face many of the same risks to which the States is exposed but these are managed directly by the individual Boards and Executive Management teams. Details on how these risks are managed can be found in each company’s own annual report.

The following list identifies some of the risks to the States which this section is intended to address and reduce in terms of likelihood and impact. There will invariably be more risks than can be practically listed below:

  • that the strategic priorities of the States are not met
  • that SOEs’ service priorities are not fully aligned with corporate and shareholder priorities
  • that SOEs do not represent the most effective mode of service delivery, in terms of value for money against alternative service provision options
  • that the business case for the creation and continuation of an SOE is based on inadequate or inaccurate assumptions and not properly evaluated
  • that service and performance targets are not adequately defined 
  • that there is inconsistent application of controls and performance management of SOEs across the States of Jersey, with inconsistent frequency in performance assessment and absence of commonality in information requirements and documentation
  • that oversight of the SOEs is sub optimal and inadequate challenges are being applied in the tracking of operational and financial performance management
  • that there is a lack of agility in departmental responses to substandard SOE performance
  • that there is inadequate rigour within governance controls covering the management of the relationship between the States of Jersey and SOEs
  • that service delivery risks are not properly managed
  • that there is conflict of interest between those representatives of the States involved in decision making and the SOEs performance management
  • that there is inadequate corporate oversight of SOE strategy and performance management
  • that SOEs do not have sufficient understanding of the States’ insurance programme and their own insurance requirements, resulting in their being under insured or incurring excessive and or unnecessary premiums
  • that the States suffers financial loss as a result of the activities of the SOEs
  • that the States suffers reputational damage as a result of the activities of the SOEs

Principles

1. All SOEs should contribute towards the strategic aims, priorities, and desired outcomes of the States.

2. Service delivery should be aligned to the priorities of the States.

3. The merits of establishing a relationship with a SOE should be well defined and based on robust assumptions. 

4. A risk based approach to assurance, governance and the oversight of operational and financial performance should be exercised.

5. There should be a consistent approach to the utilisation of SOEs across the States and a continuous challenge required on both SOEs’ performance and the utilisation of SOEs as representing the most optimal mode of service delivery against viable alternative options.

Requirements

​1. SOE obligation to make staff aware

The most senior officer of each SOE must ensure that their staff are aware of the requirements of this section of the Public Finances Manual as it affects their organisation.

2. Responsibility of Treasury and Exchequer’s Shareholder Relationship Team

The Head of Shareholder Relations maintain sufficient records to evidence that the SOEs are meeting their obligations under the Law and MoUs.

3. Requirements of the Companies (Jersey) Law 1991, as amended (the “Companies Law”)

In addition to the legislative provisions and agreements that govern the operation of the SOEs set out in the Introduction and background, each SOE is a Jersey registered company and is therefore governed by the Companies Law. Each SOE must comply with the following requirements:

  • have a registered office in the Island in accordance with Article 67
  • the directors of an SOE must observe the duties listed in Article 74 in fulfilling their responsibilities
  • must maintain a register of directors and secretaries in accordance with Article 83
  • must maintain a register of members in accordance with Article 84
  • must produce an annual set of accounts in accordance with Article 105
  • should hold an AGM of the shareholder(s) of the company at which the annual report and accounts are to be tabled for adoption in accordance with Article 87 as well as the SOE’s Articles of Association and MoU
  • must produce and retain minutes of all general meetings, meetings of its members, directors, and committees of directors in accordance with Article 98.

4. Requirement for Memoranda of Understanding (“MoU”)

The MoU complements the legislation and Articles of Association for each wholly owned SOE. It represents the internal guidebook to the shareholder relationship. There must be an MoU between the body and the States, as represented by the Minister for Treasury and Resources, for each wholly owned SOE.  These MoUs must be published to the States Assembly, and must cover the following areas:

  • the business objectives of the SOE
  • the objectives of the States’ ownership of the SOE
  • Key Performance Indicators (“KPIs”)
  • obligations to inform, consult and/or approve
  • director appointment and remuneration provisions
  • risk management
  • the requirements for a Strategic Business Plan
  • reporting requirements

5. Periodic updates

On a quarterly basis, to a timescale agreed with the Minister all wholly owned SOEs must provide financial information in the form required by the Minister for Treasury and Resources focusing on progress against objectives. All majority owned SOEs must provide financial information on a semi-annual basis in the form required by the Minister for Treasury and Resources.

6. Meetings

The MoUs set out a calendar of meetings, besides the AGM, that must take place between the SOEs, the Minister for Treasury and Resources and Treasury officials, as well as define the items to be discussed, papers and reports to be tabled at each meeting. The dates of the quarterly meetings for the following year should be agreed with the company secretaries of the SOE by the last quarter of each year.

7. Meeting notes

The Treasury and Exchequer’s Shareholder Relationship Team must ensure that official notes of all meetings with the SOEs are taken and these are circulated to attendees as soon as is practicable after the meeting to ensure the notes are an accurate record of discussions held during those meetings.

8. Strategic Business Plan (“SBP”)

Each SOE is required by the MoU to produce a SBP, and keep it under review, setting out the SOE’s objectives and aims for the ensuing period covered by the SBP. The MoUs set out detailed requirements as regards what should be contained within the SBP as a bare minimum. The SOE must seek the approval of the SBP by the Minister for Treasury and Resources. Treasury officials may seek external assurance reviews of the SBP as deemed appropriate and necessary. At each quarterly meeting, the SOE must present an update on their performance against the Key Performance Indicators in the SBP.

9. Reporting

Under the terms of the MoUs, the SOEs must provide such reporting on an annual and ad hoc basis for the purpose of preparing the financial statements of the States and to assist with the financial planning of the States. This information must be provided in line with the States of Jersey’s accounting timescales.

10. Provision of information

SOEs must give the Minister for Treasury and Resources shareholder access to information to assist the Minister to properly and effectively respond, within the necessary timescale, to requests for information for Ministerial questions. SOEs must provide any other information required for the Shareholder to fulfil its responsibilities on behalf of the States.

11. Risk Management

In accordance with each MoU, the Treasury’s Head of Risk must be invited to attend two of the quarterly shareholder meet​ings per annum with the SOEs. In addition, Treasury officials must bring any risk issues with respect to the SOEs that need to be considered and escalated to the attention of the Head of Risk.

12. SOJIL

SOJIL holds the shares in Jersey Post, JT and Ports of Jersey as nominee for States of Jersey. Accordingly, dividends received from these entities are automatically paid to States of Jersey.

Annual financial statements are prepared for SOJIL which note the dividends that were paid to the States of Jersey during the course of the year in respect of the shares held as nominee.

The Directors’ resolution that is prepared to approve the annual financial statements also ratifies all actions of the directors during the course of the year, which include the signing of proxy forms for the Annual General Meetings of Jersey Post, JT and Ports of Jersey.

13. Retention of financial documents

The Shareholder Relationship Team must ensure that documents in respect of the SOEs are retained in accordance with the periods set out in Retention of Financial Documents (see Supporting documents) in an appropriate format.

Supporting documents

Business Travel Policy

Frameworks for major, strategi and other projects

Governance checklist and grant application for Arm's Length Organisations under £1 million

Governance checklist and grant application for Arm's Length Organisations over £1 million

Governance questionnaire

Jersey Financial Reporting Manual

Land and property disposal and acquisition policy​​

List of Ac​counta​ble Officers

Non-qualifying expenses​

Procurement Best Practice and Procedures: User Guide and Toolkit

Purchase card procedures

Purpose of States Funds

Retention of Financial Documents

Senior Responsible Office​​​r Appointment Letter (sponsoring or supplying)​

Special payments

Glossary

A

Accountable Officer

An official who has overall responsibility for a States Body or other organisation for which such an official may be appointed in accordance with the Public Finances Law​.

Aggregated Foreign Currency Cash Flow​

The net combined inflows and outflows in foreign currency over a given time period.

​Arm’s Length Organisation

An organisation which either has statutory fee levying powers or fulfils a role or function the Government of Jersey would otherwise perform (this definition does not extend to organisations which receive funding from the Government of Jersey of less than £75,000 per year).

​Asset

A tangible or intangible resource controlled by an entity as a result of past events and from which future economic benefits are expected to flow.

B

​Benefit payments

Benefit payments are part of a social welfare framework established by Government Policy. They typically include a payment of money to people who have been identified as in need of support. These could include those who are ill, financially insecure, and elderly or those who have children, etc.​

C

​C&AG

The Comptroller and Auditor General of Jersey, whose duties are specified in the Comptroller and Auditor General (Jersey) Law 2014 and other legislation where the C&AG is required to appoint an auditor.

​Capital Rolling Vote

​A head of expenditure agreed in the Government Plan for general maintenance projects not specifically identified within the Major Projects Envelope.

​CEO

Chief Executive Officer.

​Chief Minister

​The head of the Government of Jersey and leader of the Council of Ministers.​Chief Officer of the States PoliceHas the command, direction and control of the States Police Force and of each of its police officers.

​CIF

​Common Investment Fund. The pool of assets available for the Government of Jersey to invest in accordance with the investment strategy published by the Minister for Treasury and Resources.

​Clawback

The act of retrieving money paid out by the Government of Jersey to a third party.

​CoM

See Council of Ministers​.

​Commercial Services team

​The Government of Jersey team with responsibility for the procurement of goods and services.

​Common Strategic Policy

​A document agreed and lodged by the Council of Ministers as required by the States of Jersey Law 2005.

​Complaints Panel

​The panel of independent volunteers which are available to form the States of Jersey Complaints Board when it is required to hear a complaint about a decision or administration process by any minister or department of the States.

​Consolidated Fund

​The account into which tax revenues and other relevant receipts are directed and from which payments for the majority of government expenditure are paid.

​Contingent liability

A possible obligation depending on whether some uncertain future event occurs, or a present obligation for which payment is not probable or the amount cannot be measured reliably.

​Council of Ministers

The Government of Jersey group consisting of the Chief Minister and at least seven other ministers, with duties described in the States of Jersey Law 2005.

D

​Department

A division of the Government of Jersey or a Non Ministerial Department as specified in the Public Finances (Jersey) Law 2019.

​Depreciation

An accounting method of allocating the cost of a tangible asset over its useful life. It is used to account for declines in value. Organisations and businesses depreciate long-term assets for accounting purposes.

​Discretionary Financial Benefit

A transfer of value (monetary or otherwise) to a person or body to achieve results sought by States of Jersey policy. A discretionary financial benefit typically has the following characteristics:

  • a transfer to a recipient which may be in return for compliance with certain terms and conditions;
  • a transfer which may not directly give approximately equal value in return to the States (that is, there is a non-exchange transaction or subsidy so there may not be exact pound for pound value); or
  • a recipient may have been selected on merit against a set of scheme-specific criteria

​Discretionary grant

​A one-off or regular Discretionary Financial Benefit which meets the definition of a grant but does not form part of an existing grant scheme.

​Donation

A transfer of value given, typically for charitable purposes and/or to benefit a cause. They impose no obligations on the recipient and offer little or no rights or benefits to the provider.

E

​EU

European Union.

Executive Leadership Team (ELT)

The ELT is an executive leadership team of the Government of Jersey’s public service. It's chaired by the Chief Executive and its membership includes:

  • the Treasurer of the States and Assistant Chief Executive
  • the Assistant Chief Executive and Chief Officer of People, Policy and Digital
  • the Chief Officers of the following Departments:
  • Customer and Local Services
  • Children, Young People. Education and Skills
  • Economy
  • External Relations
  • Infrastructure & Environment
  • Health and Community Services
  • Justice and Home Affairs
  • Strategic Director, Assurance and Risk
  • the Director of Communications
  • the Chief People Officer

The following are not ELT members but have a standing invite:

  • the Greffier of the States of Jersey
  • a senior Representative of the Law Officers' department

F

​Feasibility

One of the four essential standards Accountable Officers must meet. Feasibility requires that the Accountable Officer should be satisfied that any proposed activity is likely to be successful in securing its intended result at a reasonable cost.

​Feasibility assessment

​A study to determine the viability of an idea, such as ensuring a project is legally and technically feasible as well as economically justifiable. Formal feasibility assessments are typically conducted when a Major Project is being considered.

​Finance charges

Interest and other costs, such as arrangement fees, that an entity incurs in connection with the borrowing of funds​.

​Fiscal Policy Panel

The organisation which reports on the state of the economy in Jersey and on the States’ finances in accordance with Articles 43-46 of the Public Finances (Jersey) Law 2019.

​Fixed assets

​Tangible, intangible and financial assets of a long-term nature. Typically these are assets that an entity owns and uses in its operations to generate income, not expected to be consumed or converted into cash within one year.

​FPP

See Fiscal Policy Panel.

G

​Government’s Investment Advisor

A third party organisation appointed by the Government of Jersey to provide advice and recommendations for the investments of the CIF.

​Government Plan

​The Government Plan sets out in detail how public money will be used to deliver the day-to-day services provided by government and non Ministerial departments and the Strategic Priorities set out in the Common Strategic Policy. It is composed of a detailed first year plan with outline priorities and an indicative spending envelope for the three subsequent years and is updated annually.

​Grant

A type of Discretionary Financial Benefit which does not confer the rights and benefits of a Sponsorship, but requires the recipient to comply with specific terms and conditions as to its use​.

​Grant scheme

​A system by which grants may be awarded if the proposed recipient meets certain specified criteria.

​GST

Goods and Services Tax as defined in the Goods and Services Tax (Jersey) Law 2007.

H

​Head of Expenditure

​An amount of money the States Assembly agrees may be used to deliver a service or strategic priority set out in the Common Strategic Policy.

​Hire purchase contracts ​

A form of lease that conveys the right to use an asset (the underlying asset) for a period of time in exchange for consideration after which ownership of the asset transfers to the lessee.

I

​IFRS

International Financial Reporting Standards.

​Impairment

An accounting treatment by which a loss is recognised when the carrying amount of an intangible Asset or cash-generating unit exceeds its recoverable amount​.

​Income tax

Tax levied directly on personal or corporate income.

​Intangible asset

An identifiable non-monetary Asset without physical substance, such as goodwill, trademarks, and copyrights​.

​Internal Audit Charter

​The document which specifies the purpose of the Internal Audit function of the States of Jersey, along with reporting lines, scope of activities, and responsibilities.

​Investment

The placement of money into financial schemes, shares, property, or a commercial venture with the expectation of achieving a profit.

​IT

Information Technology.

J

Jersey Appointments Commission

The independent body that oversees the recruitment of Government of Jersey employees and appointees to States supported or related bodies.

Jersey Financial Compliance Framework (JFCF)

The JFCF is an overarching framework developed to help the States of Jersey to establish and maintain effective financial management and to support the achievement of Jersey’s strategic aims, objectives and ultimately deliver expected outcomes.

Jersey Financial Reporting Manual

The technical accounting guide to the preparation of financial statements for the States of Jersey. It is complemented by guidance issued by the States Treasurer such as the Capital Accounting Manual. The Manual is based on the UK Treasury Financial Reporting Manual, adapted for States of Jersey specific situations.

​Jersey Property Holdings (JPH)

Now part of the Infrastructure, Housing and Environment Department. JPH is responsible for the real estate owned by the States of Jersey.

K

​Key Performance Indicator (KPI)

A quantifiable measure used to evaluate progress towards a population-level outcome.

​Key Stage Reviews (KSR)

Typically used in Major Projects to assess progress in line with the defined project plan and KPIs when the project has reached predefined points.

L

​Losses

​Events that temporarily or permanently cause a decline in value or deprive the States of Jersey of revenues, services, tangible or intangible assets or resources including human resources.

​Long Term Capital Plan (LTCP)

Part of the long-term planning framework of the Government of Jersey forecasting infrastructure spending and other capital expenditure requirements.

​Long Term Revenue Plan (LTRP)

Part of the long-term planning framework of the Government of Jersey forecasting revenue expenditure requirements.

M

​Major Project

A Project defined as such in the Government Plan.

​Major projects envelope

The sum of the aggregate expenditure of all the Major Projects identified in the Government Plan authorised for execution.

​Minister for Treasury and Resources

The Minister with responsibility for ensuring that the public finances of Jersey are regulated, controlled and supervised in accordance with the Law and that the provisions of the Law are otherwise duly complied with.

​Memorandum of Understanding (MoU)

​A document summarising the relationship between two parties. Typically used to defined the relationship between a Specified Organisation and its sponsoring Department.

​Modernisation and Digital

The States Department responsible for information and communications technology across the States.

N

​Non-Ministerial States Bodies (NMSBs)

​The organisations listed in Schedule 1 of the Public Finances Law. While constitutionally independent, they are funded by the States Assembly.

​Nolan Principles, The

​Name for the ‘7 Principles of Public Life’, the basis of the ethical standards expected of public office holders in the UK. They are:

  • selflessness : holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other benefits for themselves, their family or their friends
  • integrity : holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties
  • objectivity : in carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit
  • accountability : holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office
  • openness : holders of public office should be as open as possible about all the decisions and actions they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands
  • honesty : holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest
  • leadership : holders of public office should promote and support these principles by leadership and example

O

​Outline business case

​A more developed version of the Strategic Business Case typically used for Major Projects.

​Overseas Aid Commission

A Specified Organisation which functions as an independent international aid agency, funded by the Government of Jersey. More detail can be found in the Jersey Overseas Aid Commission (Jersey) Law 2005.

P

​Public Accounts Committee (PAC)

The Public Accounts Committee’s role is to receive reports from the Comptroller and Auditor General and to report to the States Assembly upon any significant issues arising. It also assesses whether public funds have been applied for the purpose intended.

Principal Accounting Officer (PAO)

The Chief Executive Officer of the Council of Ministers. Duties are described in the Public Finances Law.

​PFM

Public Finances Manual

​Principles of Public Financial Management

The fundamental principles by which Public Finances should be managed comprising the 7 Nolan Principles and the principles of:

  • transparency : holders of public office should not withhold information from the public unless there are clear and lawful reasons for doing so
  • simplicity and clarity : holders of public office should always communicate in a straightforward and jargon-free manner

​Procurement

​The process of buying goods, services and works from external suppliers. The procurement process begins when a need to purchase is identified and will generally end after the contract is awarded.

​Project

A defined piece of work that has an identifiable start and end date, is outside of a States Body’s recurring activities, is being undertaken to achieve a specific goal and has defined deliverables.

​Propriety

​One of the four essential standards Accountable Officers must meet. Propriety requires:

  • that all activities and business should be transparent, users of public services should be treated fairly, restrictions and penalties should be proportionate and justifiable, etc.
  • that expenditure on initiatives should be affordable within the agreed expenditure limits. Longer term commitments should be expected to be sustainable beyond the budget approved (i.e. there should be a reasonable expectation that the budget will be available in the next financial year and longer period if appropriate).

The Nolan Principles are also relevant to the assessment of propriety.

​PSIAS

Public Sector Internal Audit Standards.

​Purchase card

A Government of Jersey charge card that allows goods and services to be procured by individuals.

R

​Regular/Regularity

One of the four essential standards Accountable Officers must meet. An activity is regular if it has adequate legal backing. Typically this means that expenditure should only be incurred in line with the Public Finances (Jersey) Law 2019, the Public Finances Manual, other Jersey legislation and any decisions of the States Assembly (including the Government Plan and Common Strategic Policy).

​Reserve ​

A head of expenditure identified in the Government Plan not allocated to a specific strategic objective of the States of Jersey. The Reserve should be used only for unforeseen and urgent expenditure or as otherwise considered in the Government Plan or the Minister's published policy.

​Ring-fenced

Expenditure that is specific to a particular policy or programme and cannot be used for any other purpose without the prior agreement of the relevant individual or board.

S

​Scheme of Delegation

Article 28 of the States of Jersey Law 2005 allows a Minister to delegate any function for which they have responsibility to an Assistant Minister or an officer. The Scheme of Delegation ensures that decisions are made at the appropriate level to ensure the efficient administration of the Minister’s duties and responsibilities. No delegations made prevent the Minister from exercising those functions personally. Schemes of Delegation may also be used by Accountable Officers to delegate duties to staff within their area of responsibility. Schemes of Delegation (insofar as they relate to financial matters covered by this Manual) must be submitted to the Treasurer for approval.

Semi-annual updates

​The twice annual reports presented by the Minister for Treasury and Resources to the States Assembly with respect to any activities undertaken under the most recently approved Government Plan, as described in the Public Finances Law.

​Service Level and Funding Agreement

A contract between a States body and a third party which defines the level of service expected from the third party over the term of the agreement including matters such as the financial consideration to be paid and key performance indicators.

​SLA

See Service Level and Funding Agreement.

​States funds

States Funds are:

  • a fund established under the Public Finances Law; or
  • a fund declared under the Public Finances Law or by any enactment to be a States Fund

In practice this refers to a fund established by the States of Jersey to ring-fence money for a specific purpose.

Special payments

Payments to help cover the costs of emergencies or other unforeseen expenditure. They can be used to pay for a service or an item. Special payments may also be given as loans or grants by the government​.

​Specified organisation

Any of the following organisations, as listed in Schedule 2 of the Public Finances Law:

  • Andium Homes Limited
  • Jersey Overseas Aid Commission
  • Jersey Post International Limited
  • JT Group Limited and its subsidiary companies
  • Ports of Jersey Ltd
  • States of Jersey Development Company Limited and its subsidiary companies

Sponsorship

The purchase of rights or benefits, including naming rights, delivered through association with the sponsored organisation's name, products, services or activities. The rights or benefits typically relate to the sponsor's reputation management or communication objectives.

​Stabilisation fund

​The States of Jersey’s fund governed by the Public Finances Law and decisions of the States Assembly on its use. The purpose of the fund is to make fiscal policy more countercyclical and help create a more stable economic environment in Jersey.

​Stamp duty

A tax payable in accordance with the Stamp Duties and Fees (Jersey) Law 1998.

States Assembly

The parliament of Jersey.

States body

​Any of the following:

    • a Ministry, department or other administration of the States
    • a non-Ministerial States body
    • a committee or other body established by an Act of the States
    • any other holder of a Crown or States appointment funded by the States, including any associated administration of the holder
    • a body listed in Schedule 6 of the Public Finances (Jersey) Law 2019

​The definition of a States body does not include Specified organisations (see separate entry in this glossary), which are established in enactments and includedin Schedule 2 of the Law.

States of Jersey Complaints Board

An independent board of volunteers selected from members of the Complaints Panel to hear a specific complaint about a decision or administration process by any minister or department of the States of Jersey.

States Trading Operation (STO)

A distinct area of operation of a Government of Jersey body that is designated under the Public Finances Law.

​States Treasurer

The Treasurer of the States, as defined in the Public Finances Law.

Strategic business case

Typically used on Major Projects to define the scope, duration and aims of the project at a high level prior to developing an Outline Business Case which contains further detail.

​Strategic partnership

An agreement between the Government of Jersey and a third party to share physical and/or intellectual resources to achieve a common objective.

​Strategic priorities

Goals which are approved by the States Assembly to guide the priorities of the States and Government.

Strategic Reserve Fund

The States of Jersey’s fund governed by the Public Finances Law.

T

​The Complaints Panel

See Government of Jersey Complaints Board.

​Trading fund

The accumulated profits and losses of a States Trading Operation which are ring-fenced for the purposes of that operation​.

​Treasury

Abbreviated name for Treasury and Exchequer.

​Treasury Advisory Panel ​

The group established by the Minster for Treasury and Resources to provide advice on Treasury matters related to the Public Finances Law.

​Treasury and Exchequer (Also 'Treasury')​

The Government of Jersey’s department with responsibility for the management of the finances and assets of the Government of Jersey.

U

​US

United States.

V

​Value for money

One of the four essential standards Accountable Officers must meet. It requires that measures should deliver value for money for the States of Jersey as a whole. The department or public sector organisation carrying out the initiative may be worse off provided the proposal offers value for money for the States. There are a number of definitions of value for money available but the Public Finances (Jersey) Law 2019 refers to the function of the Principal Accountable Officer to ensure that resources are used economically, efficiently and effectively.

​Value Added Tax (VAT)

​An indirect tax typically applied by EU territories to services and goods. See GST for the comparable indirect tax levied in Jersey​.​​​

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