States of Jersey Law 2005: delegation of functions – Treasury and Resources – November 2011 revised delegations.

Legislation:

Article 8 – Estimates to be provided; and

Article 10 –  Estimates  for  the  States  Assembly  and  its services.

Function delegated:

To enable the preparation of the Annual Business Plan and Budget, the Law enables the Minister to request that estimates be provided by States funded bodies (including ministerial and non-ministerial bodies and the States Assembly) in respect of the following financial year for revenue expenditure, income, and capital projects scheduled to start or continue in that year.

In addition, the Minister can request details of income that may  arise  from  the  disposal  of  assets,  and  for  any  other income of the States.

The Minister may request information for other time periods and is able to specify the format and time scale to which the aforementioned estimates be provided within.

Delegate:

Authority is delegated to the Treasurer of the States, or in their absence, another person as nominated by the Treasurer.

Legislation:

Article 14 – Expenditure approval, heads of expenditure and withdrawals from the Consolidated Fund –

Paragraphs (6) and (7) refer.

Function delegated:

These  paragraphs  of  Article 14  empower  the  Minister  to authorize a States-funded body to use any additional income it may generate over and above the estimate approved by the States in the Annual Business Plan.

Delegate:

The Minister agreed that States funded bodies be allowed to retain and use additional income in instances where –

1. any  such income  and  associated  additional  expenditure match; and

2. the  additional  income  is in excess  of  increased expenditure (i.e. additional surplus income) required to generate that income, but the excess income is not more than 10% (up to a maximum of £500,000 for a States trading operation and £100,000 for all other States funded bodies) of the estimated income notified to the States for that particular service area – this additional income should not be used to fund recurring expenditure for which no future funding is secured.

Authority is delegated to the Treasurer of the States, or in their absence, another  person  as  nominated  by the Treasurer, to approve the use of additional surplus income of more than 10% (or in excess of £500,000 for a States trading operation and  £100,000  for  all  other  States  funded  bodies)  of  the estimated  income  notified  to  the  States  and  of  a  non- contentious nature may be used for additional expenditure.

Legislation:

Article 15 – Permitted variations –

Sub-paragraph (1)(a) refers.

Function delegated:

This  sub-paragraph  of  Article 15  enables  the  Minister  to approve the transfer of funds from one head of expenditure to another  head  of  expenditure  (a  head  of  expenditure  being either –

• the annual net revenue budget of a States funded body; or
• the amount allocated for each capital project).

Delegate:

Authority is delegated to the Treasurer of the States, or in their absence, another  person  as  nominated  by the Treasurer, to agree  any  non-contentious  transfers  between  heads  of expenditure with no financial limit where the transfer is solely to ensure that financial transactions are accurately reflected in the States' Accounts in accordance with GAAP.

Authority is delegated to the Treasurer of the States, or in their absence, another  person  as  nominated  by the Treasurer, to agree any other non-contentious transfers between heads of expenditure up to £1,000,000.

The Minister agreed that funds can be transferred, without further approval by the Minister, in instances where there is a transfer of responsibility and administration of a service which has been agreed by the States and the relevant Ministers agree in respect of the funds to be transferred. Such decisions must be notified to the Treasurer.

Legislation:

Article 15 – Permitted variations –

Sub-paragraph (1)(b) and paragraph (2) refer.

Function delegated:

This part of Article 15 empowers the Minister to allow a States funded body, in the case of revenue expenditure, to carry funds forward to the following financial year and report to the States the approval given, in periods no longer than 6 months.

Delegate:

The Minister agreed that Departments can automatically carry forward to the following financial year up to 1% of their gross revenue head of expenditure or £200,000 (whichever is the larger).

Legislation:

Article 15 – Permitted variations –

Paragraph (3) refers.

Function delegated:

This  paragraph  of  Article 15  empowers  the  Minister  to authorize a States funded body to make use of income from the sale of an asset for the acquisition of a replacement or other asset.

Delegate:

Authority is delegated to the Treasurer of the States, or in their absence  another  officer  nominated  by  the Treasurer  of  the States, to agree non-contentious requests for the use of sale proceeds where the net balance over the residual value of the asset sold is less than £100,000.

Authority is delegated to Accounting Officers to make use of up to £5,000 of income from the sale of an asset where the net balance over the residual value of the asset sold is less than £5,000.

Legislation:

Article 22 –  Minister  and  Treasurer  may  be  authorized  to borrow; and

Regulation 9 –  authorizes  the  Minister  to  make  certain borrowings in the name of, and on behalf of the States; Regulation 10 – allows the Minister to delegate their power to borrow on behalf of the States to the Treasurer.

Function delegated:

Both the Law and Regulations allow the Minister to delegate (where  they  so  wish)  to  the  Treasurer  minor  borrowing transactions which, in summary, include –

• short-term  bank  overdrafts/overdraft  facilities  and temporary  loans  (these  must  not  exceed  more  than 25% of the previous year's income from taxation);

• other minor borrowing – up to £1 million in any one transaction  in  a  financial  year  so  long  as  the  total amount borrowed does not exceed £3 million in that year, the total amount outstanding in this way does not exceed  £20 million  and  with  all  such  borrowing having a maximum repayment period of 10 years;

• borrowing  for  a  States  trading  operation  where additional income or tangible savings arising from the underlying  expenditure  meet  the  costs  of  the borrowing;

other parameters specifically agreed by the States.

Delegate:

Authority is delegated to the Treasurer of the States to agree short-term bank overdrafts/overdraft facilities and temporary loans within the parameters set in the Law up to £10 million.

Authority is delegated to the Treasurer of the States to agree minor borrowing up to £100,000 in any one financial year (up to a maximum of £500,000), with no transaction to exceed £10,000 and repayment periods of 5 years or less. (Treasurer is not able to delegate their borrowing responsibilities to any other officers.)

Legislation:

Article 27 –  Returns  of  States  trading  operations  to  be agreed –

Paragraphs (1) and (2)(a)–(d) refer.

Function delegated:

These  paragraphs  of  Article 27  empower  the  Minister  to request States trading operations to enter into discussions and provide estimates in respect of the business activities during the succeeding financial year. The estimates should include income and expenditure, estimated contribution to the income of  the  States,  estimate  of  any  surplus  of  income  over expenditure or estimated deficit, to be debited to trading fund and shall take into account capital expenditure details.

Delegate:

Authority is delegated to the Treasurer of the States, or in their absence, another person as nominated by the Treasurer of the States,  to  request  the  necessary  estimates  from  the  States trading operations.

Legislation:

Article 33 – Treasurer to open bank accounts –

Paragraphs (1) and (4) refer.

Function delegated:

These paragraphs of Article 33 allow the Treasurer to open, operate and maintain bank accounts with a bank(s) approved by the Minister for the operation of the Consolidated Fund and for the proper administration of this or any other Law.

Delegate:

Authority is delegated to the Treasurer of the States to carry out this function without recourse to the Minister, provided that  any  bank  selected  is  licensed  for  banking  services  in Jersey by the Jersey Financial Services Commission.

Legislation:

Article 33 – Treasurer to open bank accounts –

Paragraph (3) refers.

Function delegated:

This paragraph of Article 33 empowers the Minister to agree that money in the Consolidated Fund may be used to incur expenditure that will subsequently be recharged – for example the  approval  of  stock  accounts  and  other  rechargeable accounts.

Delegate:

Authority is delegated to the Treasurer of the States, or in their absence another officer as nominated by the Treasurer of the States, to approve all rechargeable and stock accounts.

Legislation:

Article 34 – Financial Directions.

Function delegated:

This  Article  enables  the  Treasurer  of  the  States  to  issue Financial Directions with the approval of the Minister.

Delegate:

Authority is delegated to the Treasurer of the States, or in their absence  another  person  as  nominated  by  the  Treasurer,  to issue  Financial  Directions  that  the  Treasurer  deems  to  be required. (This authority shall not extend to those financial directions which propose the delegation of responsibility from the Minister to an officer without the Minister having already agreed those delegations.)

Legislation:

Regulation 18 – prescribes the bank accounts that may be used for trust money.

Function delegated:

This Regulation states that Trust money should be held in a bank account with a bank(s) approved by the Minister (unless a Trust document specifies a certain bank).

Delegate:

Authority is delegated to the Treasurer of the States to carry out this function without recourse to the Minister, provided that  any  bank  selected  is  licensed  for  banking  services  in Jersey by the Jersey Financial Services Commission.

Legislation:

Public  Finances  (Transitional  Provisions)  (No. 2)  (Jersey) Regulations 2005 – Regulation 22.

Function delegated:

"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."

Delegate:

Authority to be delegated to the Treasurer of the States, or in their absence, another person as nominated by the Treasurer of the States for any further approvals under Regulation 22(2) of the Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 where the amount concerned is less than £100,000.

Legislation:

Powers under the Public Finances (Jersey) Law 2005.

Function delegated:

Functions conferred on or vested in the Minister by or under the Public Finances (Jersey) Law 2005.

Delegate:

The Minister delegated of all of the functions conferred on or vested in the Minister by or under the Public Finances (Jersey) Law 2005, including those in Regulations approved under that Law, and financial directions, to the Assistant Minister for Treasury  and  Resources,   Deputy  Edward  James  Noel  of St. Lawrence .

Legislation or other States decision:

Anti-inflation Strategy (P.125/2000).

Function delegated:

The States, in the Anti-inflation Strategy, agreed that increases in States charges should be limited to a maximum of 2.5% a year, with any exceptions, in extremely compelling cases only, to be subject to prior approval by the Finance and Economics Committee (now the Minister for Treasury and Resources).

Delegate:

Authority is delegated to the Treasurer of the States, or in their absence, another  person  as  nominated  by the Treasurer, to agree  non-contentious  fee/charge  increases  which  do  not require subsequent States approval; or in instances where fees are being increased in line with the "User Pays" principle.

The Treasurer of the States will be able to give "blanket" approval to groups of charges in a particular year, or a single charge over a period of a number of years.

The Minister agreed that approval for increases which are in line with statute or with a formula which has already received States or their approval do not require further approval.

Legislation or other States decision:

Decimal Currency (Jersey) Law 1971 – Article 3 – Coinage of the new currency.

Function delegated:

This delegation enables the Deputy Treasurer of the States to approve individual commemorative currency designs as and when they are produced.

Delegate:

The  Minister  delegated  approvals  of  individual commemorative currency designs to the Deputy Treasurer of the States.

Legislation or other States decision:

P.67/1999 – Regulation of Public Sector Employees.

Function delegated:

This  proposition  charges  the  Minister  for  Treasury  and Resources  to  regulate  the  number  of  persons  that  may  be employed by the States of Jersey in any area of the States administration, excluding those States departments that report to  the  States  trading  operations,  in  accordance  with  the principles contained within the Regulation of Undertakings legislation  and  the  policy  statement  issued  by  the  then Finance  and  Economics  Committee  in  respect  of  the application of the Regulation of Undertakings to the private sector, effective from 10th November 1998.

Delegate:

Authority is delegated to the Treasurer of the States, or in their absence, another person as nominated by the Treasurer of the States  for  agreeing  non-contentious  increases  to  States manpower.

Delegate:

Responsibility  for  all  matters  relating  to  the  Resources division, including Information Services, Human Resources, Property  Holdings  and  Procurement  is  delegated  to  the Assistant  Minister  for  Treasury  and  Resources,   Deputy Edward James Noel of St. Lawrence .

Legislation:

Standing Order 168.

Function delegated:

This Standing Order applies to the following actions –

1. the disposal, acquisition, letting or rental of land on behalf of the public of Jersey;

2. the grant or acquisition of rights or servitudes over land on behalf of the public of Jersey;
3. the renewal, extension or variation of any lease of land on behalf of the public of Jersey;
4. 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.

Delegate:

Authority is delegated to the Assistant Minister for Treasury and Resources, Deputy Edward James Noel of St. Lawrence , all  powers  and  responsibilities  arising  under  Standing Order 168 up to the value of £3 million; and

Authority is delegated to the Accounting Officer or, in their absence, to the Director of Jersey Property Holdings or the Business  and  Programme  Manager,  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.

Legislation:

Standing Order 168 – Land transactions.

Function delegated:

Signing of contracts on behalf of the Minister for Treasury and Resources.

Delegate:

For  work  commissioned  by  Jersey  Property  Holdings, responsibility for signing the contract is delegated to –

• The  Assistant  Minister  for  Treasury  and  Resources, Deputy Edward James Noel of St. Lawrence , for contracts between £1,000,000 and £3,000,000;

• The Accounting Officer, for contracts up to £1,000,000 or, in their absence, the Director of Jersey Property Holdings or  the  Programme  and  Business  Manager,  Property Holdings, for contracts with a value up to £1,000,000.

• The  Director  of  Jersey  Property  Holdings  or,  in  their absence, the Programme and Business Manager, 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 the Assistant Minister for Treasury and Resources, Deputy Edward James Noel of St. Lawrence , or the Accounting Officer or, in their absence, the Director of Jersey  Property  Holdings  or  the  Programme  and  Business Manager, Property Holdings.

For non Property Holdings contracts, the Minister delegated responsibility  for  signing  contracts  to  the  Treasurer  of  the States.