States Treasury & Exchequer
Ministerial Decision Report
2018 BUDGET TRANSFERs FOR COURT AND CASE COSTS
- Purpose of Report
To enable the Minister to approve a draw down from the Court and Case Costs Smoothing Reserve and non-recurring budget transfers in 2018 from the Probation and Aftercare Service and the Judicial Greffe to cover overspends on Court and Case Costs within the Bailiff’s Chambers, the Law Officers’ Department, the Viscounts Department, and Community and Constitutional Affairs.
- Background
Due to the volatile nature of Court and Case Costs, some Departments and services have incurred an overspend, whilst others remained underspent and transfers are required in order to prevent any department incurring an overspend against budget within Court and Case Costs. This expenditure is managed through the Court and Case Costs Smoothing Reserve, held within Contingency. When underspends occur this Reserve is increased by unspent amounts. It is then, as in 2018, used to top up departmental heads of expenditure when Court and Case Costs exceed the budget for that year.
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The final overall position requires a draw down from the Court and Case Costs Smoothing Reserve, held within Contingency.
The following table details the departmental under and overspends in 2018;
- Recommendation
The Minister is recommended to approve a draw down from the Court and Case Costs Smoothing Reserve within Contingency of £251,399 and non-recurring budget transfers in 2018 of £134,231 from the Judicial Greffe and £41,996 from the Probation and Aftercare Service to cover the overspends on Court and Case Costs in the Bailiff’s Chambers of £126,946, the Law Officers’ Department of £179,505, the Viscounts Department of £42,067 and Community and Constitutional Affairs of £79,108.
- Reasons for Decision
Article 17(2) of the Public Finances (Jersey) Law 2005 states that the Minister for Treasury and Resources is authorised to approve the transfer from contingency expenditure or the insurance fund of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year.
Article 18(1)(c) of the Public Finances (Jersey) Law 2005 states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure.
Article 18(1B) of the Public Finances (Jersey) Law 2005 states that the Minister shall, after consulting the Chief Minister and PAO, give the States Assembly at least 2 weeks’ notice before an amount is transferred under paragraph (1)(c).
Article 18(1C) of the Public Finances (Jersey) Law 2005 states that before giving notice under paragraph (1B), the Minister shall, in relation to any States funded body, consult the Minister responsible for that body.
Due to the volatile nature of Court and Case Costs, some Departments have incurred an overspend, whilst others remained underspent. The transfers are required in order to prevent departments incurring an overspend against budget within Court and Case Costs:
- Resource Implications
In addition to a draw down from the Court and Case Costs Smoothing Reserve within Contingency of £251,399 the following revenue heads of expenditure will increase as follows:
- Bailiff’s Chambers £126,946
- Law Officers’ Department £179,505
- Viscounts Department £42,067
- Community and Constitutional Affairs £79,108
The following revenue heads of expenditure will decrease as follows:
- Judicial Greffe £134,231
- Probation and Aftercare Service £41,996
This decision does not change the total amount of expenditure approved by the States in the Medium Term Financial Plan 2016 - 2019.
Report author : Head of Decision Support | Document date : 4th January 2019 |
Quality Assurance / Review : Director of Financial Planning and Performance | File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DS, WR and SD\2019-0003 - 2018 Budget transfers for Court and Case Costs |
MD Sponsor: Director of Financial Planning and Performance |