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

Approval of Capital Expenditure from Trading Funds

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

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

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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

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

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

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (03.06.08) to delegate all future approvals under Article 22 of the Public Finances (Transitional Provisions) (No.2) (Jersey) Regulations 2005 to the Treasurer of the States where the amount is less than £100,000)

Decision Reference:  MD-TR-2008-0069

Decision Summary Title:

Approval of capital expenditure from Trading Funds

Date of Decision Summary:

29th May 2008

Decision Summary Author:

Kevin Hemmings

Head of Decision Support

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Approval of capital expenditure from Trading Funds

Date of Written Report:

29th May 2008

Written Report Author:

Kevin Hemmings

Head of Decision Support

Written Report :

Public or Exempt?

Public

Subject:

Delegation of future decisions relating to trading fund capital expenditure.

 

Decision(s):

The Minister agreed to Delegate all future approvals under Article 22 of the Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 to the Treasurer of the States where the amount concerned is less than £100.000

 

Reason(s) for Decision:  

The Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 require the Minister to approve capital expenditure from Trading Funds where previous amounts approved by the States have been insufficient. This decision delegates those approvals in certain circumstances.

 

Resource Implications:

Other than those detailed in the report there are no further financial or manpower implications.

 

Action required:

None.

Signature:

 

 

 

 

Position: Senator T A Le Sueur, Minister for Treasury and Resources

 

                 

 

Date Signed: 3rd June 2008

Date of Decision: 3rd June 2008

 

 

 

 

 

Approval of Capital Expenditure from Trading Funds

 

TREASURY AND RESOURCES MINISTER

 

Approval of capital expenditure

 

from Trading Funds

1.             Purpose of Report

To enable the Minister to delegate approval of the use of trading funds in accordance with the Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005.

2.             Background

The Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 include the following at Article 22:

“Money standing to the credit of the trading fund of a States trading operation may also be used, with the approval of the Minister, for a capital project of the trading operation if 

(a)     the amount approved by the States for the project as part of an annual business plan has proved to be insufficient; or

(b)     the project arises from a contingency that could not have been reasonably foreseen at the time the estimates of the States trading operation were submitted to the Minister in accordance with Article 8 of the 2005 Law for inclusion as part of an annual business plan.”

In order to minimise the administrative burden on the Minister it is suggested that any further approvals under Article 22(2) of the Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 are delegated to the Treasurer of the States where the amount concerned is less than £100,000.  

3.             Recommendation

That the Minister agrees to delegate all future approvals under Article 22 of the Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 to the Treasurer of the States where the amount concerned is less than £100.000.

4.             Reason for Decision

       The Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 require the Minister to approve capital expenditure from Trading Funds where previous amounts approved by the States have been insufficient. This decision delegates those approvals in certain circumstances.

 

States Treasury                                                                                         Head of Decision Support

11 August, 2008                                                                                         for decision 3rd June 2008

 

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