States of Jersey Law 2005: delegation of functions – Treasury and Resources January 2011.

Legislation:

Article 8 – Estimates to be provided; and

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

Delegate:

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

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 timescale to which the aforementioned estimates be provided within.

Legislation:

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

Paragraphs (6) and (7) of Article 14 refer.

Delegate:

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.

Function delegated:

This sub-paragraph of the Law empowers 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.

Scope of delegation:

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.

Legislation:

Article 15 – Permitted variations.

Sub-paragraph (1)(a) of Article 15 refers.

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 up to £1,000,000.

Function delegated:

This  sub-paragraph  of  the  Law  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).

Scope of delegation:

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) of Article 15 refer.

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).

Function delegated:

This sub-paragraph 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.

Legislation:

Article 15 – Permitted variations.

Sub-paragraph (3) of Article 15 refers.

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.

Function delegated:

This sub-paragraph of the Law 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.

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.

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.)

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.

Legislation:

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

Paragraphs (1) and (2)(a), (b), (c) and (d) refer.

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.

Function delegated:

These paragraphs 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.

Legislation:

Article 33 – Treasurer to open bank accounts.

Paragraphs (1) and (4) refer.

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.

Function delegated:

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

Legislation:

Article 33 – Treasurer to open bank accounts.

Paragraph (3) refers.

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.

Function delegated:

This paragraph 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.

Legislation:

Article 34 – Financial Directions.

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.)

Function delegated:

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

Legislation:

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

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.

Function delegated:

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

Legislation:

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

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  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.

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 –

1. the amount approved by the States for the project as part of an annual business plan has proved to be insufficient; or

2. 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."

Legislation:

Powers 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 .

Function delegated:

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

States Decision:

Anti-Inflation Strategy (P.125/2000) as adopted.

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 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.

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).

Legislation:

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

Delegate:

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

Function delegated:

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

States Decision:

P.67/1999 – Regulation of public sector employment.

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.

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:

Responsibility  for  all  matters  relating  to  the  Resources division, including Information Services, Human Resources, Property  Holdings  and  Procurement  is  delegated  to  the Assistant  Minister,  Treasury  and  Resources  ( Connétable John Martin Refault of St. Peter ).

Legislation:

Standing Order 168.

Delegate:

Authority is delegated to the Assistant Minister, Treasury and Resources ( Connétable John Martin Refault of St. Peter ) all  powers  and  responsibilities  arising  under  Standing Order 168; and

Authority is delegated to the Director, Property Holdings, and in their absence the Assistant Director – Finance and Investment, the power to approve –

• Any acquisition or disposal of land or property on behalf of the public for a consideration of less than £150,000;
• 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 a sum of less than £50,000 or £12,500 a year;
• 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:

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 isto be funded wholly or partly by money voted by the States.

Legislation:

Standing Order 168 – Land transactions.

Contract signing.

Delegate:

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

• The  Assistant  Minister,  Treasury  and  Resources ( Connétable  John  Martin  Refault  of   St. Peter ),  for contracts between £1,000,000 and £5,000,000;
• The Director of Property Holdings, or in their absence the  Assistant  Director –  Finance  and  Investment  for contracts with a value up to £1,000,000.

Power to authorize 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, Treasury and Resources ( Connétable John Martin Refault of St. Peter ) and  to  the  Director,  and  in  their  absence  the  Assistant Director – Finance and Investment, Property Holdings.

For non-Property Holdings contracts the Minister delegated

responsibility for signing contracts to the Treasurer of the States.

Function delegated:

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