Public Finances (Transitional Arrangements) (Amendment) (Jersey) Order 2012

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 5 November 2012:

Decision Reference: MD-TR-2012-0098
Decision Summary Title:	Public Finances (Transitional Arrangements) (Amendment)(Jersey) Order 201-		Date of Decision Summary:	1st November 2012
Decision Summary Author:	Head of Financial Management, Accounting & Reporting		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	N/A		Person Giving Oral Report:	N/A
Written Report Title:	Public Finances (Transitional Arrangements) (Amendment)(Jersey) Order 201-		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?
Subject: Public Finances (Transitional Arrangements) (Amendment) (Jersey) Order 201-.
Decision(s): The Minister decided to approve the Order and for it to be presented to the States at the earliest opportunity.
Reason(s) for Decision: The current Transitional Order expires on 31st December 2012. Amendments to the Public Finances (Jersey) Law 2005 are being prepared for consideration by the States and intended to be in place by mid 2013. Pending this, the transitional Order needs to be extended to cover the interim period.
Resource Implications: There are no financial or manpower consequences as a result of the introduction of this Order.
Action required: The Greffier of the States to be requested to present the attached Order to the States at the earliest opportunity.
Signature:		Position: Senator P F C Ozouf, Minister for Treasury and Resources
Date Signed:		Date of Decision:

Public Finances (Transitional Arrangements) (Amendment) (Jersey) Order 201-

Jersey Crest

Public Finances (Transitional Arrangements) (Amendment) (Jersey) Order 2012

Explanatory Note

This Order amends the Public Finances (Transitional Arrangements) (Jersey) Order 2011. That Order provides for the continued application, during 2012, of certain rules and provisions of the Public Finances (Jersey) Law 2005 (the “principal Law”) as it was in force before the commencement of the Public Finances (Amendment No. 3) (Jersey) Law 2011 (the “2011 Law”).

This Order extends until 1st July 2013 the period for which 2 of those rules and provisions continue to apply. The first rule allows the States, despite the repeal of Article 11(8) of the principal Law by the 2011 Law, to amend a head of expenditure, on a proposition lodged by the Minister for Treasury and Resources, on the ground that there is an urgent need for expenditure and no expenditure approval is available. The second rule permits the variation of a head of expenditure either in accordance with Article 15 of the principal Law as it was in force before the commencement of the 2011 Law or in accordance with Article 18 of the principal Law as it is now in force.

File No.447/12