States of Jersey Law 2005: delegation of functions – Treasury and Resources – further revised delegations March 2012.

Legislation:

Article 24A –  Estimates  to  be  provided  for  States-funded bodies; and

Article 24B – Estimates for the States Assembly.

Delegate:

Treasurer of the States or, in their absence, another person as nominated by the Treasurer.

Function delegated and scope of delegation:

To  enable  the  preparation  or  monitoring  of  the  Medium Term  Financial  Plan  and  Budget,  the  Law  enables  the Minister to request that estimates and such other information be provided by States-funded bodies (including ministerial and non-ministerial bodies and the States Assembly) for one or more financial years or for any other period.

The Minister may specify the format and timescale within which the aforementioned estimates should be provided.

Legislation:

Article 18 – Permitted variations of heads of expenditure; paragraphs (1) and (2) refer.

Delegate:

Treasurer of the States or, in their absence, another person as nominated by the Treasurer, to agree any non-contentious transfers between revenue and capital heads of expenditure (and vice versa) 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 or an Order made under Article 32 of the Law.

The Treasurer of the States or another person nominated by the Treasurer to agree 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 either –

 by the States under Article 29 of the States of Jersey Law  2005,  and  the  relevant  Ministers  agree  in

respect of the funds to be transferred; and/or

 there has been a transfer of functions or services from one States-funded body to another (apart from those  approved  by  the  States  in  the  above  bullet

point) and the relevant Ministers agree in respect of the funds to be transferred.

The Treasurer of the States or a person nominated by the Treasurer to agree any non-contentious transfers from a head of  expenditure  (capital  or  revenue)  to  contingency expenditure, either within or after the end of the relevant financial year.

Such  decisions  must  be  included in  the  6 monthly  report presented to the States.

Function delegated and scope of delegation:

These  paragraphs  of  Article 18  of  the  Law  enable  the Minister to approve the transfer of funds from one head of expenditure to another to comply with accounting standards, where there has been an approved transfer of functions or services or there is a transfer into contingency.

Legislation:

Article 15(1) – Permitted variations (extract from the Public Finances (Jersey) Law 2005 prior to the implementation of the Public Finances (Amendment No. 3) (Jersey) Law 2011) as  approved  under  the  Public  Finances  (Transitional Arrangements) (Jersey) Order 2011.

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.

Such  decisions  must  be  included in  the  6 monthly  report presented to the States.

Function delegated and scope of delegation:

Article 15 of the Law empowers the Minister to authorize States-funded  bodies  to  transfer  funds  between  heads  of expenditure.

The Minister is required to report any such transfers to the States at periods of no longer than 6 months.

Legislation:

Article 19 –  Adjustments  for  variations  in  income; paragraph (1) refers.

Delegate:

Treasurer of the States or, in their absence, another person as nominated by the Treasurer, to approve –

• in  all  non-contentious  cases  where  any  such additional  income  matches  additional  expenditure;

or

• additional income 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.

Function delegated and scope of delegation:

This  paragraph  of  Article 19  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  Medium  Term Financial Plan.

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 18 – Permitted variations of heads of expenditure; paragraph (5) refers.

Delegate:

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 equal to or less than £100,000.

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 £5,000 or less.

Function delegated and scope of delegation:

This  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 revenue expenditure or a specified capital project.

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:

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 and scope of delegation:

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)–(d) refer.

Delegate:

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 and scope of delegation:

These paragraphs empower the Minister to request States trading  operations  to  enter  into  discussions  and  provide estimates in respect of the business activities for one or more financial years or any other period. 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 the trading fund, and shall take into account capital expenditure details.

Legislation:

Article 33 – Treasurer to open bank accounts; paragraphs (1) and (4) refer.

Delegate:

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 and scope of delegation:

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:

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 and scope of delegation:

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:

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 and scope of delegation:

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:

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 and scope of delegation:

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:

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

Delegate:

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

Function delegated and scope of delegation:

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 the Budget 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 24A of the 2005 Law for inclusion as part of a Budget.

Legislation:

Powers under the Public Finances (Jersey) Law 2005.

Delegate:

The Minister delegated 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.

Function delegated and scope of delegation:

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).

Delegate:

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.

Function delegated and scope of delegation:

The States, in adopting 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  Treasurer  of  the States and the Head of Treasury Management.

Function delegated and scope of delegation:

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

States decision:

Regulation of Public Sector Employees (P.67/1999).

Delegate:

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 and scope of delegation:

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  Jersey  Property Holdings  and  Procurement  is  delegated  to  the  Assistant Minister, Treasury and Resources.

Legislation:

Standing Order 168.

Delegate:

Authority is delegated to the Assistant Minister, Treasury and Resources, 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.

Function delegated and scope of delegation:

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.

Legislation:

Standing Orders 17, 19 and 35.

Delegate:

Assistant Minister, Treasury and Resources, all powers and responsibilities arising under Standing Orders 17, 19 and 35.

Function delegated and scope of delegation:

These Standing Orders apply to the following actions –

• Standing Order 17 – Notice of intention to make statement on a matter of official responsibility

• Standing Order 19 – Who can lodge a proposition
• Standing  Order 35 –  Who  may  present report  or comment.

Legislation:

Standing Order 168 – Land transactions.

Delegate:

Responsibility for signing the contract is delegated to –

• Assistant  Minister,  Treasury  and  Resources,  for contracts between £1,000,000 and £3,000,000;

• 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.

• 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 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  or  the  Accounting  Officer  or,  in  their absence,  the  Director  of  Jersey  Property  Holdings  or  the Programme and Business Manager, 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.

Signature of corporate contracts:

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

Delegate:

The Minister delegates the signing of all corporate contracts negotiated by Strategic Procurement for and on behalf of the States to the Treasurer of the States with no financial limit.