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Finance Law Delegation Report for the six-month period to 31st December 2024

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STATES OF JERSEY

FINANCE LAW DELEGATION REPORT FOR THE SIX-MONTH PERIOD TO 31ST DECEMBER 2024

Presented to the States on 7th February 2025 by the Minister for Treasury and Resources

STATES GREFFE

2025  R.15

REPORT

Summary:

The purpose of this report is to satisfy a requirement of the Public Finances (Jersey) Law 2019 for the Minister to report to the States Assembly, twice yearly, decisions taken by the Minister under certain Articles of that Law. Details of such decisions are set out in the body of this report. In most cases these decisions vary the amounts for heads of expenditure approved by the Assembly in the Government Plan.

In summary, during the six-month period ending on 31st December 2024 the Minister or Treasurer (acting under delegation from the Minister) approved the following:

Three transfers between approved heads of expenditure totalling £21.9 million, of  which  £20.9  million  were  transfers  into  the  Central  Reserve  from departmental and project heads of expenditure

Four  uses  of  additional  departmental  income  above  that  included  in  the Government Plan, totalling up to £320,000

Four allocations from Reserves totalling up to £7.3 million. Of these:

o up to £400,000 was to fund the Royal visit in July 2024

o up  to  £3,989,000  was  allocated  to  provide  funding  for  a  ferry  services contingency

o up  to  £2,947,000  was  ringfenced  within  the  amount  approved  in  the Government Plan 2024-2027 for identified pressures and initiatives in the CYPES and Infrastructure departments

One Letter of Comfort to an Accountable Officer, totalling up to £750,000

Further Ministerial Decisions will be made in early 2025 to effect year-end adjustments once final financial positions for 2024 are known.

Approvals in the period are detailed below.

  1. The administration of the public finances of Jersey

In accordance with the Public Finances (Jersey) Law 2019 ("the Law") certain matters are required to be reported to the States Assembly twice yearly by the Minister for Treasury and Resources ("the Minister").

The Public Finances Manual requires that this report includes a list of all letters of comfort issued during the preceding six-month period. A letter of comfort from the Minister for Treasury and Resources confirms to an Accountable Officer that additional funding will be allocated from Reserves in that financial year if it appears that the approved head of expenditure may be exceeded.

This report summarises all decisions made, and letters of comfort issued during the six month period to 31st December 2024. Where decisions have not previously been published, this is due to one of two reasons -

The  decisions  were  exempted  from  publication  under  the  Freedom  of Information (Jersey) Law 2011; or

The  decisions  were  taken by the  Treasurer of the States under delegated authority from the Minister.

  1. Reporting on decisions

The areas of administration which are required to be reported on are as follows:

  1. each function undertaken, within the applicable 6-month period under any of Articles 18 to 21, 24 and 26 to 28; and
  2. each direction given, within the applicable 6-month period by the Minister under Article  15(3)  with  respect  to  the  amounts  appropriated  for  a  reserve  head  of expenditure.

Article 18 relates to transfers between heads of expenditure.

Article 19 relates to transfers to the following year's reserve.

Article 20 relates to transfers of major project amounts to the following year. Article 21 relates to the power to allocate excess income.

Article 24 relates to emergency expenditure. Article 26 relates to financing (borrowing). Article 27 relates to loans.

Article 28 relates to guarantees and indemnities.

There were no approvals in the period under Article 19, 20, 24, or 27. Other approvals are detailed below.

  1. Transfers between heads of expenditure under Article 18.

NB   A list of abbreviations used can be found at the end of this report.

Where Ministerial Decisions were public the full decisions can be read on www.gov.je.

 

Head of expenditure

Amount £

Purpose

From

To

Infrastructure

Road  Safety Improvements

Up  to 1,000,000

This is a redirection of usage of  the  Jersey  Car  Parking financial return to the States of  Jersey,  after  funding applicable revenue expense on transport initiatives. MD- TR-2024-590.

Various project heads of expenditure  (details  in table *1)

Central  Reserve (General Reserve)

Up  to 17,773,000

To  ensure  sufficient  funds are  in  place  to  meet  the forecast  overspend  in Health  and  Community Services for 2024.

MD-TR-2024-945.

 

Various  revenue  heads of  expenditure  (details in table *2)

Central  Reserve (General Reserve)

Up  to 3,133,000

To  ensure  sufficient  funds are  in  place  to  meet  the forecast  overspend  in Health  and  Community Services for 2024.

MD-TR-2024-945.

  1. Approvals of the allocation of excess income under Article 21. Excess income in this regard is income over and above 10% (up to a maximum of £100,000) of the relevant departmental income estimates in the Government Plan 2024- 2027.

 

Head  of

 

 

expenditure

Amount £

Purpose

 

 

 

Judicial Greffe

Up to 15,800

Use of additional income from fee increases for Enforcement Appeals in 2025 to bring the fee in line with other appeal fees. The additional income will be used to cover the costs of administering appeals.

TR-2024-TD031.

Judicial Greffe

Up to 195,000

Use of additional Stamp Duty court fees income in 2024 to cover the contractual costs of the Court Digitisation Annual Revenue Costs. It was initially proposed in P.43/2022.

TR-2024-TD032.

Customer and Local Services (CLS)

Up to 23,000

Use of additional income from 2025 (above 2.5%) from the Control of Housing & Work fees (Non- Resident Undertakings) to offset the staff and non- staff costs of providing services to the public with regards  to  the  Control  of  Housing  and  Work (Jersey) Law 2012 (CHWL).

TR-2024-TD036.

Law  Officers' Department (LOD)

Up to 86,400

A  payment  from  the  Criminal  Offences Confiscation Fund (COCF) to the Law Officers' Department (LOD) head of expenditure.

This allocation was used to purchase laptops for the Honorary  Police,  to  allow  12  support  staff  to connect to  the  network  from  a  remote  location ensuring access is functional, secure and efficient. MD-TR-2024-951.

  1. Approvals of financing (borrowing) under Article 26

There were no new approvals under Article 26 in the six-month period. However, the following information is included in this report for completeness.

Overdraft

During the six months to 31st December 2024, there were no changes to the overdraft facility, which remained at £50 million, as approved by the Treasurer of the States (under delegated authority from the Minister).

Short-term drawdowns from the Revolving Credit Facility (RCF) of £50m as additional overdraft to minimise costs relating to short-term borrowing were approved by the Treasurer of the States (under delegated authority from the Minister). £25 million remained drawn as of 31st December 2024.

Revolving Credit Facility (approved by the States, but included for completeness)

In the six months from 30th June to 31st December 2024, additional drawings of £10.1m were made from the RCF to bring the total drawn to fund the New Healthcare Facilities project to £71.2 million.

  1. Approvals of loans under Article 27

There were no new approvals under Article 27 in the six-month period. However, the following information is included in this report for completeness.

Two loans issued by the Minister remain outstanding - the loan to Caesarean Tennis Club and the loan to Blue Islands Limited. Neither loan has seen any drawdowns in the last 6 months.

As of the 31st December 2024 the outstanding balance of the Blue Island Loan was £7,074,347.13, reduced from £7,334,498 as at the 30th June 2024 through capital repayment.

As of the 31st December 2024 the outstanding balance of the Caesarean Tennis Club loan was £35,555, reduced from £38,889 as at the 30th June through capital repayment.

Housing Development Fund (States approved but included for continuity from prior reports)

During the six-month period to 31st December 2024, no new loans were approved by the Minister for Treasury and Resources.

The net value of loans outstanding from the Housing Development Fund fell very slightly from £228,857,681 as of the 30th June 2024 to £228,855,470 as at 31st December 2024. The fall was attributable to capital repayments.

Loans from the HDF were split between the following loan holders:

Andium Homes Limited  £227,615,777 Le Vaux Housing Trust   £1,239,693 Total loans  £228,855,470

  1. Approvals of guarantees under Article 28

Under the Public Finances (Jersey) Law 2019 (PFL'), paragraph 28, the Minister may provide financial guarantees not exceeding £3 million per annum or £20 million in total.

On 2nd July 2024 the Minister signed MD-TR-2024-511 to issue a guarantee to the Royal Bank of Scotland International Limited, relating to a loan of up to £2,500,000 to Beaulieu Convent School Limited, to be secured against the assets of St Meen Properties Limited.

No further guarantees or indemnities have been issued by the Minister in the course of 2024.

The following information is included in this report for completeness.

  1. Jersey Student Loan Scheme

During the six-month period to 31st December 2024, no new loans were guaranteed by the States under the Jersey Student Loan Scheme, which provided financial guarantees to four banks. The Scheme closed to new loans in 2018.

P53/2007 (Student Loans for higher education – guarantees) was debated by the States Assembly on the 6th June 2007 and a maximum outstanding limit of £10 million for an unlimited time period was approved. As at 31st December 2024 there were 102 loans outstanding with a balance of £176,724. At the end of June 2024 this was £232,334.

  1. Disruption Loan Guarantee Scheme (Covid)

This scheme was introduced alongside other measures to assist businesses as part of Covid support and allowed Government to guarantee loans to businesses from banks. It was not extended after 31st December 2021, therefore no new applications have been made, nor guarantees granted since that date.

169 enquiries had been made by clients to banks under the scheme at the end of 2021, of which 70 had progressed and a facility issued. Whilst £4.3 million of facilities had at one stage or another been approved, by 31st December 2024, 26 facilities remained active. These facilities had a total facility value of £1.1 million at their respective dates of award. At as 31st December 2024, reflecting repayments made in the period to the year's end, the remaining value of guarantee exposure from these facilities (including accrued interest) was £0.4 million. Loan repayments will continue to diminish this guarantee exposure over time, notwithstanding that balances may continue to accrue interest until full repayment.

To date, there have been three confirmed defaults, one in 2021 and two in 2023 which resulted in claims by banks.

The 2021 claim had a value of £28,000 and was paid in January 2022.

The 2023 claims had values of £28,000 and £411,000 and were paid in September 2023 and January 2024 respectively.

6.  Allocations from the Reserve under Article 15(3)

Further information on the Minister's policy for the types of allocation from the Reserve is contained in "Procedures for allocations from the Reserve", published as R.76/2022.

 

From

To

Amount (£)

Purpose

Central  Reserve (General Reserve)

Bailiff 's

 Chambers (details  in  table *3)

Up to 330,000

Additional funding to cover the  cost  of  the  planned activities for the Royal visit on 15 July 2024. MD-TR-2024-547.

NB A further allocation may be  necessary  in  early  2025 once the final 2024 financial position is known.

Central  Reserve (General Reserve)

States  of  Jersey Police (details in table *3)

Up to 70,000

Additional funding to cover the  cost  of  the  planned activities for the Royal visit on 15 July 2024. MD-TR-2024-547.

NB A further allocation may be  necessary  in  early  2025 once the final 2024 financial position is known.

Central  Reserve (General Reserve)

Economy

Up to 3,989,000

To provide funding for ferry services contingency. MD-TR-2024-582.

Central  Reserve (Reserve  for Centrally  Held Items)

 Various heads of  expenditure

 (details  in  table *4)

Up to 2,947,000

Funding  ringfenced  within the amount approved in the Government Plan 2024-2027 for  identified  pressures:  an Island-wide  school  meals initiative;  to  meet  forecast income deficits in the Sports

 

 

 

 

Division;  and  to  meet increased inflationary prices in  the  purchase  of hydrocarbons  and fuels and electricity  used  across  the estate.

MD-TR-2024-689.

*Table 1

Planned underspends against 2024 approval by project Head of Expenditure. MD-TR- 2024-945

 

Project Name

Sponsoring Dept

Amount(£)

Ambulance, Fire & Rescue Headquarters

JHA

600,000

Army and Sea Cadets Headquarters

JHA

90,000

Automatic Electoral Registration

DTS

310,000

Combined Control Room

JHA

450,000

Court Digitisation

JG

937,000

Dewberry  House  -  Sexual  Assault  Referral Centre

 SoJP

1,565,000

Firearms Range

SoJP

906,000

Learning  Difficulties  -  Specialist Accommodation

 HCS

2,837,000

Liquid Waste Key Infrastructure

I&E

1,514,000

Mont a' L'Abbe Secondary

CYPES

732,000

Oakfield and Fort Regent Decant

I&E

1,000,000

Probation/Prison Offender Case Management

 PRO

425,000

Revenue  Transformation  Programme  (Phase 4)

 T&E

1,470,000

Upgrades to CYPES Estates

CYPES

4,937,000

Total

 

17,773,000

*Table 2

Revised revenue budgets for growth expenditure forecasts (a total of up to £3.1 million). MD-TR-2024-945

 

Head of Expenditure

2024Approve £

2024Underspend (Up to) £

2024Revised£

Cabinet Office

 4,696,000

 (788,000)

 3,908,000

Children,  Young  People, Education & Skills

4,700,000

 (935,000)

 3,765,000

 

Customer  and  Local Services

 1,642,000

 (227,000)

 1,415,000

Health  &  Community Services

 21,075,000

-

21,075,000

Infrastructure

 1,516,000

 (117,000)

 1,399,000

Environment

 300,000

 (60,000)

 240,000

Justice and Home Affairs

 1,994,000

 (90,000)

 1,904,000

States of Jersey Police

 237,000

 (47,000)

 190,000

External Relations

 134,000

 (27,000)

 107,000

Department  for  the Economy

 5,250,000

 (220,000)

5,030,000

Financial Services

 1,496,000

 (287,000)

 1,209,000

Treasury and Exchequer

 5,976,000

 (335,000)

 5,641,000

Non-Ministerial

 2,161,000

-

2,161,000

Total

 51,177,000

 (3,133,000)

48,044,000

*Table 3

Funding for the Royal visit on 15 July 2024. MD-TR-2024-547

 

Head  of Expenditure

 Detail

Amount (£)

Bailiff 's Chambers

Communications to promote the visit, display and  branding of the  royal visit, information leading up to the visit, informing the public about Jersey's links with the Sovereign, and live streaming of the visit in St Helier only

100,000

Infrastructure  arrangement  covering  seating, sanitation,  safety  measures,  marquees,  road closure signage etc.

60,000

Transport and logistics for the visit - including parish transport and logistics for infrastructure

30,000

Catering for the tea party for up to 340 guests, refreshments for all guests within the secure areas, refreshment stations for school children bussed in.

 10,000

Exhibitor's  fund  to  enable  exhibitors professionally  display  information  related  to the subject. Allowing the exhibitor to access resources that may not be available to them during usual operation and that can be reused for future events.

 50,000

Fees to contractors and third parties assisting with  planning  and  delivery  of  the  visit  this includes first aid and other providers. By using external contractors this provides resilience and

 80,000

 

 

expertise that is specific to event management at the anticipated scale of 20,000 people.

 

SoJP

Off Island (mutual aid) support for SOJP, and overtime costs.

 70,000

Total

 

400,000

 *Table 4

Proposed Release of Funding Held Centrally. MD-TR-2024-689

 

IA Ref

Title

Head Expenditure

of

 2024

Up to (£)

IA24-019

School Meals

CYPES

 

1,611,000

IA24-013

Inflation - Sports Income

Infrastructure

 

500,000

IA24-013

Inflation  -  Hydrocarbons  and Fuels

Infrastructure

 

836,000

Total

 

 

 

2,947,000

3.  Letters of Comfort

A letter of comfort from the Minister for Treasury and Resources confirms to an Accountable Officer that additional funding will be allocated in that financial year if it appears that the approved head of expenditure may be exceeded, even after appropriate actions have been taken to control spending levels, or if urgent funding is required. The Minister decided, when approving the relevant Public Finances Manual section, that a list of these decisions should be published twice-yearly in this report. Letters of comfort provide temporary assurance, pending preparation of full business cases, to Accountable Officers so that necessary expenditure can continue. Budgets are not formally increased until such time as an allocation of funding is made (for example from Reserves) under the Minister's powers in the Public Finances Law.

Some letters may not result in a formal allocation of additional funding if expenditure can be managed within existing approvals.

There was only 1 Letter of Comfort issued during the six-month period to 31st December 2024.

 

Reference number

Department

Subject/ Pressure

Maximum amount £

LOC-2024-32

HCS

Funding for costs related to a civil court case.

750,000

Minister for Treasury and Resources February 2025

Abbreviations

CLS  Customer and Local Services (now Employment, Social Security and Housing)

CO  Cabinet Office  

CYPES  Children, Young People, Education and Skills

DTS  Digital and Technology Services (now Digital Services)

EXT  External Relations

I&E  Infrastructure and Environment

HCS  Health and Community Services (now Health Care Jersey)

H&SS   Health and Social Services

JG  Judicial Greffe

JHA  Justice and Home Affairs

P&CS   People and Corporate Services (now People Services)

PRO  Probation

.SoJP   States of Jersey Police

T&E   Treasury and Exchequer