States of Jersey Law 2005: delegation of functions – Minister for Treasury and Resources – revised delegations March 2020

Legislation:

Article 21 – Power to allocate excess income:

"(1)  This Article applies if –

1. an  approved  government  plan  includes,  under Article 9(8), the estimated income that will be earned by, or be attributable to, a States body or by an area of operation of a States body during the first financial year covered by the plan; and

2. income  in excess  of  that  estimate  is earned  by,  or attributable to, the States body or area of operation during that financial year.

(2)  Despite  the  approved  government  plan,  the  Minister  may direct that the excess income referred to in paragraph (1)(b) be allocated to a head of expenditure set out in the plan."

Delegate:

Treasurer of the States or, in their absence, another person nominated by the Treasurer (excluding the Principal Accountable Officer ("PAO")), to approve –

 additional income in excess of increased expenditure (i.e. additional surplus  income)  required  to  generate  that  income,  but  the  excess income is more than 10% (up to a maximum of £100,000 for all 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.

Functions delegated and 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 £100,000 for all 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.

With any approval above these levels delegated to the Treasurer of the States as detailed above.

Legislation:

Article 26 – Financing:

"(1)  The Minister may, in the name of the States –

1. arrange for a bank overdraft or bank overdraft facility; and

2. obtain other financing."

Delegate:

Treasurer  of  the  States  to  agree  short-term  bank  overdrafts  /overdraft facilities 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.

All  borrowing  must  be  reported  in  the  half-yearly  financial  update presented to the States by the Minister.

Functions delegated and scope of delegation:

This Article of the Law empowers the Minister to arrange for a bank overdraft (or bank overdraft facility) and to approve other minor borrowing up to specific total and annual limits set in the Law.

Legislation:

Article 27 – Loans:

"(1)  The Minister may, in the name of the States, lend money from

the Consolidated Fund."

Delegate:

Treasurer of the States to agree short-term lending.

Authority is delegated to the Treasurer of the States to agree minor lending up to £100,000 in any one financial year (up to a maximum of £500,000), with no loan to exceed £10,000 and with a maximum loan repayment period of 5 years.

All loans must be reported in the half-yearly financial update presented to the States by the Minister.

Functions delegated and scope of delegation:

This Article of the Law empowers the Minister to grant loans up to specific total and annual limits set in the Law.

Legislation:

Article 20 – Power to transfer major project amounts to following year

"Despite an approved government plan, the Minister may direct that an unspent amount appropriated for a head of expenditure for a major project in one financial year is deemed to be appropriated for a head of expenditure for that major project for the following financial year."

Delegate:

Treasurer of the States or, in their absence, another officer nominated by the Treasurer (excluding the PAO), to agree all non-contentious requests to transfer unspent funds allocated to a head of expenditure for a major project to the same major project in the following financial year.

Functions delegated and scope of delegation:

This Article of the Law allows the Minister to direct that an unspent amount appropriated to a head of expenditure for a major project in one financial year is available to spend on the same major project in the following financial year.

Legislation:

Article 31 – Public Finances Manual

Delegate:

Treasurer of the States to issue minor amendments to the Public Finances Manual as he considers necessary. (This authority shall not extend to those sections of the Manual which propose the delegation of responsibility from the Minister to an officer without the Minister having already agreed those delegations.)

Amendments  delegated  will  include  those  necessary  to  clarify requirements; those to ensure that the Manual is consistent with other published legislation, policies and procedures; and those which are required as part of an emergency situation as defined in Article 24 of the Public Finances  (Jersey)  Law  2019.  Any  significant  changes  to  financial management and control policy must be approved directly by the Minister.

The Manual and all amendments must be issued to the States' Public Accounts Committee and made publicly available.

Functions delegated and scope of delegation:

The Minister has responsibility for the issuance and amendment of the Public Finances Manual. (The Law enables the Minister to delegate the above functions to the Treasurer.)

Legislation:

Article 53 – Minister's responsibility in respect of certain companies.

Delegate:

Deputy L.B.E. Ash of St. Clement , Assistant Minister for Treasury and Resources, to have responsibility for shareholder matters and lending to Andium Homes Limited and Housing Trusts and Associations, from the Housing Development Fund or any other source.

Functions delegated and scope of delegation:

1. The Minister has responsibilities for certain matters relating to the shareholdings in certain companies (wherever incorporated) that are owned by the States in the name of the States. These are delegated to Deputy L.B.E. Ash of Clement, Assistant Minister.

2. Deputy L.B.E. Ash of Clement, Assistant Minister, to agree lending, without limit,  to  Andium  Homes  Limited  and  Housing Trusts  and Associations, from the Housing Development Fund or any other source. This power was vested in the Minister by P.129/2014. This delegation extends to approval of external borrowing by Andium.

Authority is delegated without limit.

Legislation:

Article 60 – allows the continuation of the Insurance Fund.

Delegate:

Treasurer of the States or, in their absence, another officer nominated by the Treasurer (other than the PAO) to permit persons or bodies that appear to be connected with the States to participate in the States' mutual insurance arrangement on such terms and conditions as agreed.

Functions delegated and scope of delegation:

This Article enables the Minister to determine which persons or bodies with States'  connections  can  participate  in  the  States'  mutual  insurance arrangements, and what terms and conditions should apply to them.

Legislation:

Powers  under  the  Public  Finances  (Jersey)  Law  2019  and  any  other legislation in which the Minister is required to give approvals.

Delegate:

The Minister delegated, in the event of her absence or incapacity, all of the functions conferred on or vested in the Minister by the Public Finances (Jersey)  Law  2019  and  any  other  legislation in  which  the  Minister  is required to give approvals, to either Assistant Minister for Treasury and Resources.

Functions delegated and scope of delegation:

Functions conferred on or vested in the Minister by or under the Public Finances (Jersey) Law 2019 and any other legislation in which the Minister is required to give approvals.

Legislation:

Article 15(3) of the Public Finances (Jersey) Law 2019 –

"The approval by the States of a government plan authorises the Minister to direct how an approved appropriation for a reserve head of expenditure in the plan may be spent (including on another head of expenditure) in the first financial year covered by the plan."

Delegate:

(b)  the Minister being satisfied that there exists an immediate threat to the health or safety of any of the inhabitants of Jersey, to the stability of the economy in Jersey or to the environment;

the authority to approve allocations from the General Reserve head of expenditure to other heads of expenditure to the Treasurer of the States.

Functions delegated and scope of delegation:

Functions conferred on or vested in the Minister by or under Article 15(3) of the Public Finances (Jersey) Law 2019.

The delegation to the Treasurer of the States takes effect in the event of either  of  the  occurrences  detailed  above,  and  is  limited  to  individual allocations of up to £1 million, subject to the total of all allocations made under this delegation not to exceed £50 million in any financial year.

States' decision:

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

Delegate:

Treasurer of the States or, in their absence, another person nominated by the Treasurer  (excluding  the  PAO)  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 the States' or their approval do not require further approval.

Functions 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 new currency.

Delegate:

The  Minister  delegated  approvals  of  the  annual  programme  of commemorative currency designs to the Treasurer of the States, and the issue of individual coins within this programme to the Head of Treasury and Investment Management.

Functions delegated and scope of delegation:

This delegation enables the Treasurer of the States to approve the annual programme  of  commemorative  currency  designs,  and  the  Director  of Treasury  and  Investment  Management  to  approve  individual commemorative currency designs as and when they are produced.

States' decision:

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

Delegate:

Treasurer of the States or, in their absence, another person nominated by the Treasurer (excluding the PAO) for agreeing non-contentious increases to States' staff levels.

Functions 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.

States' decision:

Starter Home Deposit Loan Scheme (P.131/2012) and associated Scheme Rules.

Delegate:

Treasurer of the States or, in their absence, another person nominated by the Treasurer  (excluding  the  PAO)  to  consent  to  property  sales,  approve investment returns (subsidies at market rates) on property sales, and approve the waiving or deferral of part or all of an investment return in certain circumstances (e.g. separation of a couple, deferred sale of the property).

Functions delegated and scope of delegation:

As a result of loans being made at a 0% interest rate, a subsidy is recoverable if the property is sold at a profit before the term of the mortgage.

Authority is delegated to the Treasurer of the States to agree the level of investment  return  (subsidy  at  market  rates)  in  accordance  with  pre- determined calculation criteria as detailed in the Scheme Rules.

Authority is delegated to the Treasurer of the States to agree to waiving or deferring  the  investment  return  in  part  or  in  full  in  exceptional circumstances, e.g. prolonged ill-health, death or divorce.

Administering Jersey's international taxation agreements:

Administering  Jersey's  international  taxation  agreements,  such  as Double Taxation Agreements, Tax Information Exchange Agreements, the European Union (EU) Savings Directive, and all of Jersey's other international taxation agreements that provide for a mutual agreement procedure and/or the exchange of information on behalf of the Minister for Treasury and Resources.

Delegate:

The Minister delegates authority to any officer acting as Comptroller of Revenue  and  to  any  person  authorised  by  the  Comptroller  under Article 3(5) of the Revenue Administration (Jersey Law 2019 to act for and on behalf of the Minister for Treasury and Resources as Competent Authority for the purposes of Jersey's Double Taxation Agreements, Tax Information Exchange Agreements, the EU Savings Directive and all of Jersey's other international taxation agreements that provide for a mutual agreement procedure and/or the exchange of information.

Legislation:

States of Jersey Law 2005: Article 26(1)(c).

Delegate:

The Minister delegates authority to the Treasurer of the States to enter into agreements up to the amounts approved by the States Assembly for the Treasury and Exchequer Department.

Functions delegated:

The power to –

(i)  enter into agreements on behalf of the Minister, including but not limited to accepting tenders, placing and accepting orders, appointing consultants, agreeing and signing formal contracts, and other forms of engagement;

2. acquire, hold and dispose of movable property; and

3. do anything reasonably necessary or expedient for, or incidental to, any of the matters delegated above.

Limit on scope of delegation:

Unlimited, but subject in all instances to the specific obligations held as Accountable  Officer;  as  well  as  the  general  responsibilities  of  the postholder as a senior official, including ensuring the Minister is duly informed, sufficiently in advance to provide direction, on contentious matters, with reference to the size of any contract (this should include contracts  over  £1 million)  and/or  the  extent  of  its  direct  impact  on Islanders. The delegation includes the ability of the Treasurer of the States to schedule to their subordinate managers approval powers within their own delegation limits.

To  note,  in  all  instances  Accountable  Officers  retain  statutory responsibilities  by  virtue  of  their  role,  including  ensuring  financial propriety  and  regularity,  and  that  resources  are  used  economically, efficiently and effectively.

Legislation:

Delegate:

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

Functions 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 comments.

Legislation:

States of Jersey Law 2005: Article 26(1)(c)(iii) and (vi).

Delegate:

Functions delegated:

All powers in relation to the management of data collected or held by Government under the Data Protection (Jersey) Law 2018, Freedom of Information (Jersey) Law 2011 and the Public Records (Jersey) Law 2002, in the areas for which the Minister is responsible.

Limit on scope of delegation:

Unlimited, but subject in all instances to the general responsibilities of the postholder as a senior official, including ensuring that the Minister is kept generally informed, with specific reference to the perceived public interest and/or the extent of direct impact on Islanders. The delegation includes the ability of the Treasurer of the States to schedule to their subordinate managers tasks in relation to the management of data.