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Delegation of Financial Authorities for Economic Development Tourism Sport and Culture

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 1 December 2017:

Decision Reference: MD-E-2017-0042

 

Decision Summary Title :

Delegation of Financial Authorities for Economic Development, Tourism, Sport and Culture

Date of Decision Summary:

28th November 2017

Decision Summary Author:

 

Hospitality and Leisure Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

N/A

Written Report

Title :

Delegation of Financial Authorities for Economic Development, Tourism, Sport and Culture

Date of Written Report:

28th November 2017

Written Report Author:

Director of Policy

Written Report :

Public or Exempt?

 

Public

Subject:

Delegation of Financial Authorities for Economic Development Tourism Sport and Culture.

Decision(s):

The Minister for Economic Development Tourism Sport and Culture approved the delegation of financial authorities as set out in the attached report.

Reason(s) for Decision:

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an Officer. The delegations as detailed in the attached report to enable the efficient and effective management of finances and operation of the department.

Resource Implications:

There are no resource and manpower implications associated to the decision.

Action required:

The Minister and Head of Service will inform the relevant Assistant Ministers and Offices that the delegations have been approved and the date of their commencement. The Greffier of the States to be requested to arrange for the Report to be presented to the States at the earliest opportunity.

Signature: Senator L J Farnham

Position: Minister for Economic Development, Tourism, Sport and Culture

 

Date Signed:

 

 

Date of Decision (If different from Date Signed)

 

Delegation of Financial Authorities for Economic Development Tourism Sport and Culture

DELEGATION OF FINANCIAL AUTHORITIES

 

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an Officer. The delegations as detailed in this report is to enable the efficient and effective management of finances and operation of the department.

CONTRACTING WITH THE DEPARTMENT

Legislation:

States of Jersey Law 2005

Delegate

Connétable of St. Brelade, Assistant Minister for Economic Development, Tourism, Sport and Culture

Functions Delegated:

Article 26(1)(c)

The power to –

(i) enter into agreements in respect to grants and the funding of arm’s length organisations,

(ii) do anything reasonably necessary or expedient for or incidental to the matters delegated in (i) above.

 

 

Limit on Scope:

Such power is exclusively delegated in respect to his specific areas of delegated political responsibility; and, subject always to the funding requirements of such agreements being fully funded and in line with agreed budgets for Economic Development, Tourism, Sport and Culture.

 

Legislation:

States of Jersey Law 2005

Delegate

Deputy M.N. Norton of St. Brelade, Assistant Minister for Economic Development, Tourism, Sport and Culture

Functions Delegated:

Article 26(1)

The power to –

(i) enter into agreements in respect to grants and the funding of arm’s length organisations,

(ii) do anything reasonably necessary or expedient for or incidental to the matters delegated in (i) above.

 

 

Limit on Scope:

Such power is exclusively delegated in respect to his specific areas of delegated political responsibility and, subject always to the funding requirements of such agreements being fully funded and in line with agreed budgets for Economic Development, Tourism, Sport and Culture.

 

Legislation:

States of Jersey Law 2005

Delegate

Head of Service (Accounting Officer) for the department for Economic Development, Tourism, Sport and Culture

Functions Delegated:

Article 26(1)

The power to –

(i)            Accept tenders

(ii)           Place and accept orders

(iii)         Appoint consultants

(iv)         Agree and sign, on behalf of the Minister for Economic Development, Tourism, Sport and Culture, formal contracts and other forms of engagement

(v)           Do anything reasonably necessary or expedient for or incidental to the matters delegated above.

 

 

Limit on Scope:

Unlimited, but subject always to the obligations and accountabilities of an Accounting Officer.

 

 

Legislation:

States of Jersey Law 2005

Delegate

Head of Service (Accounting Officer) for the department for Economic Development, Tourism, Sport and Culture

Functions Delegated:

Article 26(1)

Appointment of officers to undertake:

(i)             Acceptance of tenders

(ii)           Placing and accepting orders

(iii)          Signing of contracts on behalf of the Minister for Economic Development, Tourism, Sport and Culture, formal contracts and other forms of engagement

(iv)          Do anything reasonably necessary or expedient for or incidental to the matters delegated above.

 

 

Limit on Scope:

Individual delegations to be within defined financial limits and not to exceed £100,000.

 

VARIATIONS TO HEADS OF EXPENDITURE

Legislation:

Public Finances (Jersey) Law 2005

Delegate

Head of Service (Accounting Officer) for the department for Economic Development, Tourism, Sport and Culture

Functions Delegated:

Article 18

Approval of variations of heads of expenditure

Limit on Scope:

Delegated function limited to amounts not exceeding £100,000.

 

Legislation:

Public Finances (Jersey) Law 2005

Delegate

Finance Director for the department for Economic Development, Tourism, Sport and Culture

Functions Delegated:

Article 18

Approval of variations of heads of expenditure

Limit on Scope:

Delegated function limited to amounts not exceeding £100,000 and subject to written confirmation (which may be by email) to the Accounting Officer of the action taken.

 

 

PROVISION OF ESTIMATES AND INFORMATION

Legislation:

Public Finances (Jersey) Law 2005

Delegates

(i)            Head of Service (Accounting Officer) for the department for Economic Development, Tourism, Sport and Culture; and,

(ii)           Finance Director for the department for Economic Development, Tourism, Sport and Culture.

Functions Delegated:

Article 24A

Provision of financial or budgetary estimates and such other information as the Minister for Treasury and Resources may require

 

28th November 2017

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