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Information and public services for the Island of Jersey

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

Reserve fund cash transfers

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (10/04/2007) regarding: Reserve Fund Cash Transfers.

Subject:

Reserve Fund Cash Transfers

Decision Reference:

MD-S-2007-0026

Exempt clause(s):

 

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

N/A

Telephone or

e-mail Meeting?

No

Report

File ref:

 

Written report – Title

Reserve Fund Cash Transfers

Written report – Author

(name and job title)

Geoff Platts – Manager, Finance and Facilities, Corporate Services.

Decision(s):

The Social Security Minister noted and approved the transfers of monies from the Social Security Fund to the Social Security Reserve Fund, totalling £45 Million, that have occurred between September 2005 and January 2007, in accordance with Article 31(1) of the Social Security (Jersey) Law 1974. Also, the Minister delegated authority and responsibility for making similar transfers of funds in the future to the Department’s Chief Officer.

Reason(s) for decision:

The need for Ministerial approval for historic Reserve Fund cash transfers for 2005 to 2007. Also it would be desirable to delegate the responsibility for any future transfers to the Department’s Chief Officer, which will avoid the need for a Ministerial Decision to be sought for each and every occasion such transfers are deemed appropriate.

Action required:

The Finance Officer to agree authorisation procedure for future Reserve Fund cash transfers.

Signature:

Senator P.F. Routier - Minister

Date of Decision:

10 April 2007

Reserve fund cash transfers

Social Security Department

Reserve Fund Cash Transfers

1. Purpose of Report

To acknowledge and approve the Social Security Department’s cash transfers into the Reserve Fund for 2004 to 2007, to date and the delegation of the responsibility for any future transfers to the Department’s Chief Officer.

2. Summary

From time to time the Department will transfer available cash from short term investment into the Reserve fund for onward investment by the Fund managers. In the past it has been necessary to obtain Committee and latterly Ministerial approval whenever this action is taken in order to comply with the Social Security Law, article 31(1). A copy of the relevant article is attached

Approval is now required for funds that have been transferred between September 2005 and January 2007, totalling £45 Million. A spreadsheet is attached detailing the dates and amounts of these transfers.

A Ministerial Decision made now delegating the responsibility for any future transfers to the Department’s Controller and CEO, will avoid the need for a Ministerial Decision to be sought for each and every occasion such transfers are deemed appropriate.

3. Recommendation

It is recommended that the Social Security Minister acknowledges and approves the Reserve Fund transfers, totalling £45 Million, that have occurred between September 2005 and January 2007. Also that the Minister delegate the authority and responsibility for making similar transfers of funds in the future to the Department’s Chief Officer.

GP

26/03/2007



Social Security Law, Article 31

FINANCE, ADMINISTRATION AND LEGAL PROCEEDINGS

31 Social Security (Reserve) Fund

(1) The Insular Insurance (Reserve) Fund established in pursuance of the Law of 1950 shall be renamed the Social Security (Reserve) Fund and shall be under the control and management of the Minister, and such assets as the Minister may determine may be transferred from the Social Security Fund into the Social Security (Reserve) Fund which shall be maintained as a reserve for the Social Security Fund.

(2) Article 30(4), (5), (5A), (5B), (5C), (5D), (6), (7), (8) and (9) shall apply to the Social Security (Reserve) Fund as they apply to the Social Security Fund.

(3) Any sums determined by the Minister to be income of the Social Security (Reserve) Fund shall be paid into the Social Security Fund.

(4) Subject to the foregoing provisions of this Article and any other provision of this Law expressly directing payments to be made out of the Social Security (Reserve) Fund, a payment out of that Fund shall not be made otherwise than under the authority of a resolution of the States and shall be made subject to such conditions as to repayment or otherwise as may be specified in the resolution.

 

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