Treasury and Resources: Property Services: Delegation of Functions

Information about the publication of Ministerial Decisions

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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
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A decision made 17 November 2014:

Decision Reference: MD-TR-2014-0140
Decision Summary Title:	Treasury and Resources delegated Authority for Jersey Property Holdings and States expenditure approvals – November 2014		Date of Decision Summary:	14 November 2014
Decision Summary Author:	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:	Treasury and Resources delegated Authority for Jersey Property Holdings and States expenditure approvals – November 2014		Date of Written Report:	14 November 2014
Written Report Author:	Head of Decision Support		Written Report : Public or Exempt?	Public
Subject: Treasury and Resources delegations of Jersey Property Holdings and States expenditure approvals as at November 2014.
Decision(s): The Minister decided to delegate all matters relating to Jersey Property Holdings (JPH) to Deputy Edward James Noel (Treasury and Resources Assistant Minister) and delegate all matters relating to expenditure approved by the States Assembly to the Treasurer of the States and to request that the supporting document be presented to the States at the earliest opportunity. This decision revokes the previous delegations to Deputy Edward James Noel, apart from those relating to property matters.
Reason(s) for Decision: To amend certain delegations as at March 2014 with delegations as detailed in the attached report to enable the efficient and effective management of Jersey Property Holdings matters and the operation of the Treasury and Resources department.
Resource Implications: None.
Action required: The Greffier of the States to be requested to arrange for the attached supporting document to be presented to the States at the earliest opportunity.
Signature:		Position: Senator A J H Maclean Minister for Treasury and Resources
Date Signed:		Date of Decision:

Treasury and Resources: Property Services: Delegation of Functions - November 2014

Treasury and Resources

Ministerial Decision Report

Treasury and Resources delegated Authority for Jersey Property Holdings and States expenditure approvals – November 2014

Purpose of Report

To update the delegation of Ministerial powers detailed in the Public Finances (Jersey) Law 2005 including those in Regulations approved under that Law, Financial Directions and those Laws whereby international obligations fall under the Minister’s remit.

Background
1. Under Article 28 of the States of Jersey Law a Minister may delegate, wholly or partly, functions conferred upon them by any Law to either an Assistant Minister or an officer.
2. This report confirms delegations relating to all Jersey Property Holdings (JPH) to Deputy Edward James Noel (Treasury and Resources Assistant Minister) and all matters relating to expenditure approved by the States Assembly to the Treasurer of the States.

Recommendation

The Minister is asked to approve the delegations as set out in Appendix 1 and request that the attached supporting document is presented to the States at the earliest opportunity.

Reason for Decision

To amend but not replace those delegations as at March 2014 with delegations as detailed in the attached report to enable the efficient and effective management of Jersey Property Holdings matters and the operation of the Treasury and Resources department.

Resource Implications

None.

Report author : Business Manager	Document date : 14th November 2014
Quality Assurance / Review : Head of Decision Support	File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DSs, WRs and SDs\2014-0140 - T&R delegated authority - JPH November 2014\WR - T&R JPH delegated Authority - November 2014.doc
MD sponsor : Treasurer of the States

- 1 -

REPORT

On 3 March 2014 the Minister for Treasury and Resources made a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-TR-2014-0004, available at www.gov.je).

The terms of the delegations, and the legislation under which those delegations were made, were recorded in a Report attached to the Ministerial Decision, as shown below –

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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 Law states, inter alia –

“28 Power of Minister to delegate functions

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

(4) Where any licence, permit or authorization is granted in purported exercise of functions delegated under paragraph (1), no criminal proceedings shall lie against any person for any act done, or omitted to be done, in good faith and in accordance with the terms of the licence, permit or authorization, by reason that the functions had not been delegated, or that any requirement attached to the delegation of the functions had not been complied with.

(5) In this Article –

“Minister” includes the Chief Minister;

“officer” means a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005 and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.

(6) The States may by Regulations amend the definition “officer” in paragraph (5).”

Unless otherwise stated, any reference to an Article in this section is a reference to the Article so numbered in the Public Finances (Jersey) Law 2005. Likewise any reference to a Regulation in this section is a reference to the Regulation so numbered in the Public Finances (Transitional Provisions) (No.2) (Jersey) Regulations 2005.

1 Administrative delegations

1.1 Responsibility for Jersey Property Holdings

Delegate:

Responsibility for all matters relating to Jersey Property Holdings is delegated to Deputy Noel, Assistant Minister Treasury and Resources.

2 States Standing Orders delegations and signature of Contracts

2.1 Standing Order 168

Legislation:

Standing Order 168.

Delegate:

Authority is delegated to Deputy Noel, Assistant Minister Treasury and Resources all powers and responsibilities arising under Standing Order 168 with no financial limits; and

Authority is delegated to the Accounting Officer or, in their absence, to the Director of Estates or the Assistant Director, Property Holdings the power to approve the following actions:

Any acquisition or disposal of land or property on behalf of the public for a consideration up to £500,000;
Any grant or acceptance on behalf of the public of any servitude or right in, on, over or under land by way of gift or for amounts up to £500,000;
The letting on behalf of the public to any person or body for a term certain of any land or property for a rent payable on commencement of less than £50,000 a year;
The rent on behalf of the public from any person or body for a term certain of any land or property for a rent payable on commencement of less than £50,000 a year; and
The renewal, extension or variation of any lease where the value is less than £50,000 a year.

Function delegated and scope of delegation:

This standing order applies to the following actions –

(a) the acquisition, disposal, letting or rental of land on behalf of the public of Jersey (other than the agreement of altered boundaries);

(b) the agreement of boundaries, or of altered boundaries, on behalf of the public of Jersey;

(c) the acquisition, grant, variation or cancellation of rights or servitudes over land on behalf of the public of Jersey;

(ca) the renewal, extension, variation or cancellation of any lease of land on behalf of the public of Jersey;

(cb) the provision of consent, on behalf of the public of Jersey, to a land transaction that is not included in sub-paragraph (a) to (ca);

(d) the approval of plans for the construction or alterations of buildings where the work is to be funded wholly or partly by money voted by the States.

2.2 Contract Signing – Land transactions

Legislation:

Standing Order 168 – Land transactions

Delegate:

Responsibility for signing the contract is delegated to:

Deputy Noel, Assistant Minister Treasury and Resources for contracts with no financial limit;
The Accounting Officer for contracts up to £1,000,000 or, in their absence, the Director of Estates or the Assistant Director, Property Holdings for contracts with a value up to £1,000,000.
The Director of Estates or, in their absence, the Assistant Director, Property Holdings for contracts with a value up to £500,000.

Power to authorise the Attorney General and the Greffier of the States to pass any contracts on behalf of the public of Jersey that may be necessary in regard to land transactions approved by the Minister or their delegates under Standing Order 168 is delegated to Deputy Noel, Assistant Minister Treasury and Resources or the Accounting Officer or, in their absence, the Director of Estates or the Assistant Director, Property Holdings.

Function delegated and scope of delegation:

Signing of contracts on behalf of the Minister for Treasury and Resources for work commissioned by Jersey Property Holdings.

3.0 Expenditure of the Treasury and Resources Department

Expenditure of the Treasury and Resources department	Expenditure of all amounts approval by the States Assembly for the Treasury and Resources Department.
Delegate:	The Minister delegates authority to the Treasurer of the States to spend up to the amounts approval by the States Assembly for the Treasury and Resources Department.