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Procedures for Allocations from the Reserve Ministerial Statement

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STATES OF JERSEY

PROCEDURES FOR ALLOCATIONS FROM THE RESERVE: MINISTERIAL STATEMENT

Presented to the States on 14th April 2021 by the Minister for Treasury and Resources

STATES GREFFE

2021  R.60

REPORT

Policy for allocations from the Reserve

The Reserve is an important component of the Government Plan as it provides a degree of flexibility to respond to unforeseen needs for expenditure that may emerge during the year.

Article 15(3) of the Public Finances (Jersey) Law 2019 (the "Law") grants the Minister for Treasury and Resources the power to direct how an appropriation for a reserve head of expenditure may be spent. Article 30(2)(a) of the Law requires the Minister to issue a written statement to the States setting out:

"(i) the Minister's procedures for directing, under Article 15(3), how an approved

appropriation for a reserve head of expenditure in a government plan may be spent, and

(ii) the expected purposes or subjects on which the Minister may direct that such appropriations be spent"

This statement is therefore issued in accordance with Article 30(2)(a), and should be read in conjunction with the information in the Government Plan. This statement applies to:

the Reserve for Central Risk and Inflation Funding (capital programme);

the Central Planning Reserve;

the Reserve for Centrally Held Items; and

the General Reserve.

as set out in the Government Plan, which collectively make up the Reserve.

For the avoidance of doubt, this statement replaces and supersedes the policy previously published as R.80/2020. It contains the following sections:-

  1. Allocations into the Reserve
  2. Categories of the Reserve
  3. Allocations from the Reserve
  4. Drawdown of approved funding
  5. Monitoring
  6. Unspent balances in the Reserve
  7. Reports to the States Assembly
  1. ALLOCATIONS INTO THE RESERVE

There are a number of different ways in which funding can be allocated to the Reserve, as set out below:

- amounts as set out in the Government Plan;

- transfers under Article 18 of the Law from a head of expenditure to enable an allocation to be made within the same financial year;

- transfers under Article 19 of the Law from a head of expenditure to allow an allocation to be made within the next financial year; and

- allocations  under  Article  21  of  the  Law  where  income  is  in  excess  of expectations e.g. departmental income and the department concerned has not been given permission to spend that excess income, or from capital receipts or a transfer from a Fund.

  1. CATEGORIES OF THE RESERVE

Within the Reserve, the Government Plan identifies four heads of expenditure. These are:

the Reserve for Central Risk and Inflation Funding;

the Central Planning Reserve;

the Reserve for Centrally Held Items; and

the General Reserve.

All allocations must only be used for the purpose allocated by the Minister, with any excess funds being returned to the Reserve from which they were allocated. The Minister is able to approve a repurposing of funding she has allocated if she considers the request from the receiving department is justified.

  1. Reserve for Central Risk and Inflation Funding

The Reserve for Central Risk and Inflation is a provision for risk and inflation in relation to the capital programme. The purpose of the reserve is to provide funding to meet inflation related to capital projects and provide central budget capacity to compensate for risks inherent in the delivery of capital projects. It is expected that risk and inflation provisions for all projects in the capital programme will be held in this reserve.

  1. Central Planning Reserve

The Central Planning Reserve (CPR) has been established in recognition that projects may require access to funding to conduct initial exploratory work that will gather the necessary  data  and  understanding  to  support  the  development  of  a  robust  and comprehensive business case.

The CPR is a source of one-off funding intended to support future capital projects e.g. for pre-feasibility studies.

  1. Reserve for Centrally Held Items

This is a centrally held provision intended to fund items such as inflation. It provides budget to meet costs that are automatically driven by factors such as inflation or agreed pay awards.

The Reserve for Centrally Held Items consists of several sub-components as outlined in the table below.

 

Sub-components

Purpose

Pay award inflation

Provision for the forecast costs of future inflationary pay awards including associated social security and pension requirements.

Pension  and  Social Security Increases

Centrally held increases to meet pension and social security increased costs.

Non-pay net inflation

From 2021 onwards funding is held in reserve for the forecast net non-pay inflation requirements across government.

Court  and  Case  Costs smoothing reserve

Departments involved in civil and criminal judicial proceedings hold annual budgets for court and case costs. Expenditure on court and case costs is highly variable and driven by demand that is largely outside of the control of departments. The court and case costs smoothing reserve provides a source of funding to meet peaks in demand. In years where court and case costs are  lower  than  budgeted,  surpluses  are  allocated  to  the smoothing reserve in order to build capacity for the future.

 

Markets smoothing reserve

Income from market traders is used to run and maintain the Island's public markets. When income from the public markets exceeds expenditure, the surplus is transferred to the markets smoothing reserve to build capacity for future expenditure such as  maintenance  or  refurbishment  needs.   In  years  where expenditure is higher than income funding can be withdrawn from this reserve.

Independent  Jersey  Care Inquiry

Centrally  held  provision  for  costs  associated  with  the Independent Jersey Care Inquiry and its recommendations.

Revenue consequences of capital schemes

Centrally held reserve for the revenue consequences of capital initiatives, which will be released once projects in the capital programme  have  reached  the  point  of  incurring  associated revenue  costs.  Funding  is  held  in  the  reserve  due  to  the inevitable  variability  involved  in  the  timescales  for  capital projects, which are subject to assumptions and estimation.

  1. General Reserve

The General Reserve is intended to meet unforeseen pressures or advance funding for urgent expenditure in the public interest. Unlike allocations from the Reserve for Centrally Held Items (which are triggered by other events), transfers of funding from the General Reserve will require proactive decision making and will be subject to investment appraisal.

The General Reserve consists of several sub-components as outlined in the table below.

Sub-components

Purpose

Restructuring Reserve

Centrally held provision to assist in the process of restructuring and modernisation. This includes redundancy provisions, and initiatives to improve the quality and/or efficiency of public services, such as a zero-based budgeting programme.

Annually Managed Expenditure (AME) contingency

Annually Managed Expenditure is centrally held funding to provide contingency for specific types of expenditure that can be  significantly  affected  by  wider  conditions  and  where influences on expenditure are not predictable, such as changes in  wider  economic  conditions,  or  other  major  unexpected events. This is currently held for benefit spend and higher education costs.

Departmental  Expenditure Limit (DEL) contingency

A centrally held fund for all other urgent and unforeseen, short- term funding needs that cannot be met from existing heads of expenditure.

COVID contingency

Within the General Reserve, funds have been allocated as part of Government Plan to provide further funding for Covid-19 impacts on the health or safety of any of the inhabitants of Jersey  and  to  the  stability  of  the  economy  in  Jersey,  in recognition that there are still significant uncertainties around the timing and quantum of need for such funding.

Brexit contingency

Funding held centrally for urgent and unforeseen, short-term funding needs relating to Brexit consequences that cannot be met from existing heads of expenditure.

  1. ALLOCATIONS FROM THE RESERVES

This policy for allocations from the Reserve includes the requirement for the Treasurer of the States to make recommendations for approval of additional funding allocations to the Minister. In certain limited circumstances the Treasurer of the States may consider that he has  a conflict of interest and should not be part of the process to make recommendations. In the event of those limited circumstances applying, the Treasurer of the States has delegated his role to Group Director, Strategic Finance. The Treasurer of the States has also delegated his role where the amount recommended for approval are for £500,000 or below. (Treasurer's Decision reference TR-2020-TD051)

  1. Process for allocations out of the Reserve for Central Risk and InflationFunding

Allocations from the Reserve for Central Risk and inflation Funding will be subject to the process outlined below. The relevant form to be completed and forwarded to the Investment Appraisal Team for review.

The Investment Appraisal Team will provide the Treasurer of the States  with  sufficient  information  to  allow  him/her  to  reach  a

Review by  recommendation on the use of funding. The Treasurer of the States

the Treasurer  will decide to either: -

of the States

recommend that the Minister for Treasury and Resources  approves  an allocation  of funding; or

refer  the  request  back  to  the  Investment Appraisal Team

Under the Law, the Minister for Treasury and Resources has the Minister for  authority to approve allocations from the Reserve.

Treasury and

Resources  The Minister for Treasurappry oveand Ra e"sourpublciecs "w1ill either:

Approval   Ministerial Decision to

agree an allocation; or

decline the request and refer it back to the Investment Appraisal Team.

  1. Process for allocations out of the Central Planning Reserve and the Reserve forCentrally Held Items

Allocations from the Central Planning Reserve and the Reserve for Centrally Held Items will be subject to the process outlined below. The relevant business justification case to be completed and forwarded to the Investment Appraisal Team for review.

The Investment Appraisal Team will provide the Treasurer of the States  with  sufficient  information  to  allow  him/her  to  reach  a

Review by  recommendation on the use of funding. The Treasurer of the States

the Treasurer  will decide to either: -

of the States

recommend that the Minister for Treasury and Resources  approves  an allocation  of funding; or

refer  the  request  back  to  the  Investment Appraisal Team

Under the Law, the Minister for Treasury and Resources has the Minister for  authority to approve allocations from the Reserve.

Treasury and

Resources  The Minister for Treasury and Resources will either:

Approval   approve a "public" 1 Ministerial Decision to

agree an allocation; or

decline the request and refer it back to the Investment Appraisal Team.

  1. Process for allocations out of the General Reserve

Allocations from the General Reserve require a request for funding to be made to Treasury and Exchequer by the Accountable Officer of a Department or, for initiatives spanning multiple departments, the project Senior Responsible Owner. All requests must  be  accompanied  by  documented  confirmation  that  the  lead  Minister  (or Accountable  Officer  where  only  Non-Ministerial  Departments  are  involved)  is supportive  as  well  as  evidence  that  any  other  Ministers  or  Accountable  Officers impacted have been consulted and have given their assent to the proposal. Ideally requests for funding will be approved by the appropriate Political Oversight Board.

Requests for funding will be submitted to the Investment Appraisal Team within the Treasury and Exchequer, which will ensure that all requests are subject to a consistent and robust investment appraisal process. The appraisal process will be focused on ensuring there is sufficient information and supporting evidence captured in a request for funding to enable the Minister for Treasury and Resources to take an informed decision.

Funding requests will generally be set out in a business case that will provide:

the nature of the expenditure and the reason it has arisen;

the rationale for investment (the Strategic Case);

the options that have been considered, and an assessment of benefits (the Economic Case);

a description of any procurement processes required and other commercial matters (the Commercial Case);

a financial analysis including details of key assumptions and an explanation as to why the expenditure cannot be met from existing budgets (the Financial Case); and

details of the monitoring arrangements that will be put in place to ensure the project achieves its objectives, a description of the critical risks, and milestones (the Management Case)

  1. Allocation process from the General Reserve: Restructuring Reserve, AMEand DEL

Where a request is made for £100,000 or less, with a de minimis of £50,000, or where the Minister is satisfied that there is an urgent need to provide funding in the public interest, an allocation may be made by the Minister only with the recommendation of the Treasurer of the States, however the Minister can still refuse an application but all reasons will be documented. All other requests will be subject to the following process.

 

Review by the Investment Appraisal Team

Review by the Treasurer of the States or Principal Accounting Officer


The Investment Appraisal Team will consider all requests for funding. It will provide challenge and review the merits of the business  case2  including  consideration  of  the  rationale  for investment,  value  for  money,  key  financial  assumptions, affordability and deliverability.

Following its review, it will decide to either:

recommend that the Treasurer of the States advises the Minister to approve the application for funding; or

refer the request back to the department.

The Treasurer of the States will consider all requests for funding recommended by the Investment Appraisal Team and decide to either:

recommend that the Minister for Treasury and Resources  approves  the  application  for funding; or

refer  the  request  back  to  the  Investment Appraisal Team.

In reaching a decision, the Treasurer of the States will seek the comments of the PAO and may seek the views of other Senior Officers from outside the Treasury. The Treasurer of the States will  consider  a  range  of  factors  including  whether  the expenditure:

is  absolutely  necessary  and  the  operational need could not be met in some other way;

would  imply  or  commit  a  permanent  and recurring need for expenditure, as these would need to be included in next Government Plan;

could  be  met  from  underspends  in  the requesting  department  or  elsewhere  within government.

Where  a  request  for  funding  is  made  by  Treasury  and Exchequer, the Treasurer of the States will declare a conflict of interest and this stage in the process will be undertaken by the PAO.

Minister for  Under the Law, the Minister for Treasury and Resources has Treasury and  authority to approve allocations from the Reserve.

Resources

The Minister for Treasury and Resources will either:

approve a "public" 1 Ministerial Decision for successful requests; or

refer  unsuccessful  requests  back  to  the Investment Appraisal Team with the reasons that the bid was not approved and an agreed course of action.

If  minded  to  approve  a  funding  allocation,  the  Minister  will  circulate  the  draft Ministerial Decision to the Council of Ministers for information 5 working days before it is signed.

In reaching a decision, the Minister will consider the recommendation of the Treasurer of the States and the comments from the appraisal process. The Minister can reject the recommendation of the Treasurer of the States but must document his/her reasons for doing so.

2The  exception  to  submitting  the  Business  Case  template  is  when  applying  for allocations from Annually Managed Expenditure (AME) contingency or where there is an outside legal obligation and is unavoidable. A Business Justification Case is required.

  1. Allocation process from the General Reserve: COVID-19 contingencyWhere a request is made for £100,000 or less, with a de minimis of £50,000, or where the Minister is satisfied that there is an urgent need to provide funding in the public interest, an allocation may be made by the Minister only with the recommendation of the Treasurer of the States, however the Minister can still refuse an application but all reasons will be documented. All other requests will be subject to the following process.

Review by the Investment Appraisal Team


The Investment Appraisal Team will consider all requests for funding. It will provide challenge and review the merits of the business  case  including  consideration  of  the  rationale  for investment,  value  for  money,  key  financial  assumptions, affordability and deliverability.

Following its review, it will decide to either:

recommend that the Treasurer of the States advises  the  Minister  to  approve  the application for funding; or

Review by the Treasurer of the States or Principal Accounting Officer


refer the request back to the department.

The Treasurer of the States will consider all requests for funding recommended by the Investment Appraisal Team and decide to either:

recommend  that  the  Minister  for  Treasury and Resources approves the application for funding and refer the request for information to  either  the  Council  of  Ministers  or  the relevant Competent Authorities Ministers; or

refer  the  request  back  to  the  Investment Appraisal Team.

In reaching a decision, the Treasurer of the States will seek the comments of the PAO and will consider a range of factors including whether the expenditure:

is absolutely necessary and the operational need could not be met in some other way;

would  imply  or  commit  a  permanent  and recurring  need  for  expenditure,  as  these would  need  to  be  included  in  next Government Plan;

could  be  met  from  underspends  in  the requesting  department  or  elsewhere  within government.

Where a request for funding is made by Treasury and Exchequer, the Treasurer of the States will declare a conflict of interest and this stage in the process will be undertaken by the PAO.

Minister for Treasury and Resources


Under the Law, the Minister for Treasury and Resources has authority to approve allocations from the Reserve.

The Minister for Treasury and Resources will either:

approve a "public" Ministerial Decision for successful requests; or

refer  unsuccessful  requests  back  to  the Investment Appraisal Team with the reasons that the bid was not approved and an agreed course of action.

If minded to approve a funding allocation, the Minister will circulate  the  draft  Ministerial  Decision  to  the  Council  of Ministers for information 5 working days before it is signed.

In  reaching  a  decision,  the  Minister  will  consider  the recommendation of the Treasurer of the States and the comments from the appraisal process. The Minister can reject the recommendation of the Treasurer of the States but must document their reasons for doing so.

3.2.3 Allocation process from the General Reserve: Brexit contingency Allocations from the General Reserve Brexit Contingency will be subject to the process outlined below. The relevant business justification case to be completed and forwarded to the Investment Appraisal Team for review. This must have support from External Relations team.

The Investment Appraisal Team will provide the Treasurer of the States  with  sufficient  information  to  allow  him/her  to  reach  a

Review by  recommendation on the use of funding.

the Treasurer  The Treasurer of the States will decide to either:-

of the States

recommend that the Minister for Treasury and Resources approves an allocation of funding; or

refer  the  request  back  to  the  Investment Appraisal Team

Under the Public Finances Law 2019, the Minister for Treasury and Resources has the authority to approve allocations from the Reserve.

The Minister for Treasury and Resources will either:

Minister for

Treasury and   approve a "public" 1 Ministerial Decision to

Resources  agree an allocation; or

Approval   decline the request and refer it back to the

Investment Appraisal Team.

If minded to approve a funding allocation, the Minister will circulate the  draft  Ministerial  Decision  to  the  Council  of  Ministers  for information 5 working days before it is signed.

In reaching a decision, the Minister will consider the recommendation of the Treasurer of the States and the comments from the appraisal process. The Minister can reject the recommendation of the Treasurer of the States but must document his/her reasons for doing so.

  1. DRAWDOWN OF APPROVED FUNDING

If a transfer from the Reserve is approved by the Minister for Treasury and Resources, funds approved will be transferred to the relevant head of expenditure upon request by the  Accountable  Officer,  or  Senior  Responsible  Officer,  according  to  an  agreed drawdown schedule. Once funding has been transferred it becomes the responsibility of the Accountable Officer with responsibility for the relevant head of expenditure.

During  the  approval  process,  the  Minister  may  have  requested  certain  funding conditions are included in the Ministerial Decision. The allocations to the relevant head of expenditure will only occur once these funding conditions have been met.

Where funding has been drawn down and is unspent at the end of the financial year, it will return to the Reserve. Where unspent balances are required for the same purpose in  the  following  year,  the  Minister  may  approve a  Ministerial  Decision in the

subsequent  year  to  reissue  the  funding  without  a  need  to  repeat  the  funding application and assessment process.

  1. MONITORING

Periodically, the Accountable Officer, or Senior Responsible Officer, in receipt of funding from the General Reserve, will be required to confirm to the Treasury and Exchequer information related to inter alia:

- the  amount  of  the  allocated  funding  spent to the  date  of  the  request  for information;

- the forecast total expenditure from the reserve funding allocated;

- the way funding has been spent and that this is consistent with the purposes approved; and

- performance management.

Monitoring of initiatives funded from the General Reserve will be supported by the government-wide performance management arrangements  developed and delivered collaboratively  by  the  Chief  Operating  Office,  Department  for  Strategic  Policy, Planning and Performance, and the Treasury and Exchequer.

  1. UNSPENT BALANCES IN THE RESERVE

By its nature amounts allocated to the Reserve may remain unspent and can be returned to the Consolidated Fund at the end of a financial year, depending on the financial position. The Minister for Treasury and Resources may approve a Ministerial Decision to allocate unspent balances in the Reserve to be made available in the Reserve in the following financial year.

  1. REPORTS TO THE STATES ASSEMBLY

All decisions made by the Minister for Treasury and Resources relating to the Reserve will  ordinarily  be  public  and  the  States  will  receive  updates  of  all  expenditure allocations as part of the six-monthly Budget Management Reports presented by the Minister.

All requests for funding provided to the Minister, whether successful or otherwise will be reported to the Corporate Services Scrutiny Panel on a monthly basis.

END NOTES

1 In some cases, it may be necessary to restrict circulation of Ministerial Decisions, for example when individuals are affected and potentially identifiable.