« Previous | Contents | Next »
Listen
ANNEXES
Note: For those subject areas not covered in the annexes, the arrangements provided for in the main body of this concordat, taken together with the MOU and the over-arching concordats, should be followed.
Annex 1: Transport Policy Areas
1.1 This annex covers:
- Road Traffic, Road and Vehicle Safety
- Scottish Traffic Commissioner
- Disabled Persons Transport Advisory Committee
- Railways
- Aviation
- Ports and Shipping
- Freight Grants
- Emergency Planning
- State Aid notification procedures
Road Traffic, Road and Vehicle Safety
1.2 Legislation on road traffic and road vehicle matters is largely reserved, though traffic regulation as it affects particular roads or localities is generally devolved. There are concurrent powers to promote road safety.
1.3 It is envisaged that a UK Group of Road Safety Directors will continue to meet biannually to discuss policy matters of mutual interest or concern. Notifications of policy initiatives, consultations etc on reserved matters (and on devolved matters where there will be an impact on other parts of the UK) will in the first instance be made to the members of this Group.
Scottish Traffic Commissioner
1.4 The Traffic Commissioner for the Scottish Traffic Area is designated a cross-border public authority (see paragraphs 24-26 in the Concordat and Annex 3). While appointment of Traffic Commissioners lies with the DfT Secretary of State, the fact that the post is a cross-border public authority means that the DfT Secretary of State must consult the Scottish Ministers before making an appointment to the post. The reserved matters for which the Scottish Traffic Commissioner is responsible include the licensing of the operators of heavy goods vehicles and public service vehicles, and disciplinary matters concerning the operators and drivers of such vehicles. The devolved matters for which the postholder is responsible include the registration and regulation of local bus services, the appointment of Adjudicators to consider appeals in respect of decriminalised parking offences and taxi fare scale appeals.
1.5 At the beginning of the appointment process, the DfT Secretary of State will write to Scottish Ministers seeking views on the intended recruitment process. The process will include consultation by DfT with Executive officials at each stage from advertising the post to the interviewing of candidates; and inclusion of an Executive official on the selection panel. Before an appointment is made, the DfT Secretary of State will write again to Scottish Ministers seeking their views on (but not their approval of) the person the Secretary of State has in mind to appoint.
Disabled Persons Transport Advisory Committee ( DPTAC) and Mobility and Access Committee for Scotland ( MACS)
1.6 The Disabled Persons Transport Advisory Committee ( DPTAC) advises the DfT Secretary of State, and other Government Departments, on public transport policies, and on transport policies more generally, as they affect the mobility of disabled people throughout Great Britain. It is designated a cross-border public authority.
1.7 Members are appointed by the Secretary of State. The Executive will be accorded observer status on the Committee and, in addition to the arrangements on appointments set out in paragraph 28 of the main body of the concordat, will be invited to nominate two members to represent Scottish interests on the Committee.
1.8 The Mobility and Access Committee for Scotland ( MACS) was established in May 2002 to provide advice to the Scottish Ministers on disabled people's transport needs in Scotland. DfT, represented by DPTAC, will be given observer status on MACS. Agendas and minutes of the meetings of both Committees will be exchanged, and where policies affect UK/ GB wide interests, the Committees will aim to produce consistent advice for the Government. DfT will consult the Scottish Committee on transport provisions of the Disability Discrimination Act both in general and where they specifically affect any part of Scotland.
Railways
1.9 The Railways Act 2005 conferred extensive additional functions on Scottish Ministers to look after railway matters in Scotland, within the structure defined for the railways across Great Britain. Most functions in relation to railways in Scotland, which elsewhere will be for the Secretary of State for Transport, are the responsibility of Scottish Ministers.
1.10 Scottish Ministers have responsibility to determine Scottish railway strategies; to designate, let, fund, monitor and manage the Scottish passenger rail franchise(s); and to specify and fund rail infrastructure needs and the outputs required from Network Rail in Scotland. Scottish Ministers also have powers to set fares, including penalty fares, publish a code of practice for protecting the interests of disabled rail users in Scotland, propose network modifications and fund improvements to the railway in Scotland.
1.11 In addition, Scottish Ministers will be consulted by the UK Government on the specification of cross-border passenger rail services and are able to appoint a Scottish member of the Rail Passengers' Council. The Rail Passengers' Council ( RPC), which operates under the name Passenger Focus has the GB-wide responsibility for dealing with rail complaints. The Executive will liaise with the Department for Transport to ensure that the RPC's Scottish representative works closely and provides regular feedback to the Public Transport Users' Committee for Scotland.
1.12 Some aspects will be retained at a GB level: safety and security aspects of rail operations will continue to be determined on a common GB basis; the work of the Rail Accident Investigation Branch; the licensing of railways operators and the economic regulation of the relations between Ministers, Network Rail and the Train Operating Companies will continue to be the responsibility of the Office of Rail Regulation.
1.13 Scottish Ministers have powers to make secondary legislation in Scotland in a number of circumstances where there is a power for the Secretary of State to do so in England and Wales - for example Penalty Fares Regulations. However, overall, responsibility for primary legislation dealing with the provision and regulation of Railways remains reserved to the Westminster Parliament.
1.14 DfT will consult the Executive on reserved railway matters which are of strategic importance to Scotland, such as cross border passenger rail service and safety specifications. The Executive and DfT will consult with each other before taking action on rail matters which would set precedents for the other or have implications for the specification of the network in each area.
Aviation
1.15 Responsibility for much of civil aviation policy and regulation as they affect Scotland remains with DfT, and the Civil Aviation Authority ( CAA). The aviation accident and serious incident investigation function, including compliance with the United Kingdom's obligations under Annex 13 to the Chicago Convention and the European Union Directive 94/56/ EC, remains the responsibility of the Air Accident Investigation Branch ( AAIB) within DfT.
1.16 The Executive is responsible for planning and environmental regulation of airports and airport developments in Scotland. Given DfT's continued responsibilities for civil aviation within the UK as a whole, the Executive will consult DfT on proposals and amendments in Scotland which affect UK airports policy or other parts of the UK, including changes to planning policy guidance affecting airports and aviation in Scotland. DfT will consult the Executive on reserved aviation and airport matters which are of strategic importance to Scotland. Where such matters involve planning cases which are to come before Ministers of the Crown or Scottish Ministers for decision, the provisions of the second bullet of paragraph 15 of this concordat will apply.
Ports and Shipping
1.17 Maritime policy overall is a reserved matter, but legislative competence and responsibility for the statutory powers of ports in Scotland is devolved. It is envisaged that DfT and the Executive will establish joint arrangements to deal with the trade associations representing Scottish ports.
1.18 Health and Safety aspects of ports operations (as defined in the Docks Regulations 1988) remain the responsibility of the HSE, and reference should be made to the HSE concordat. DfT has developed safety proposals for marine operations in ports by means of a Port Marine Safety Code on which, as a reserved matter, they consulted the Executive to the extent relevant to Scottish ports. Pilotage is also a port safety issue alongside the Port Marine Safety Code. The Executive, however has legislative competence and responsibility in relation to designating harbour authorities under the Pilotage Act 1987.
1.19 Legislative competence, regulation and casework arising under the Coast Protection Act 1949 is devolved, save for issues relating to the energy and telecommunications industries which are now the responsibility of DTI. The Maritime and Coastguard Agency ( MCA) within DfT will be consulted by the Executive on relevant casework under the Act, to ensure that works in tidal waters do not endanger or obstruct the safety of navigation through waters for which the UK Government remains responsible. DfT will keep the Executive informed from as early a stage as possible about policy developments which are likely to be of interest to the Executive in relation to ferry services and other reserved matters, and before any public announcement is made.
1.20 The marine accident investigation function remains the responsibility of the Marine Accident Investigation Branch ( MAIB) within DfT.
1.21 Regulatory, enforcement, search and rescue and counter-pollution functions remain the responsibility of DfT, largely exercised through the MCA. The successful conduct of search and rescue and counter-pollution operations will require the closest co-operation between the MCA and the landward emergency services; MCA's regional management will pursue this liaison and the Executive will have a standing invitation as observers to the UK Search and Rescue Maritime and Aviation, and Inland Committees. (Assessment of the environmental impact of marine accidents is also covered by paragraph 1.27 of Annex 1.)
1.22 DfT remains responsible for the development of maritime safety and regulatory standards. The MCA (or in some cases DfT) normally holds a briefing on the UK Government position before main Committee meetings of the International Maritime Organisation ( IMO), to which the Executive has a standing invitation. In relation to any matters affecting safety on inland waterways in Scotland the Executive will consult the MCA.
1.23 DfT retains the policy responsibility for the General Lighthouse Authorities including the Northern Lighthouse Board ( NLB) and for the management of the General Lighthouse Fund across the United Kingdom and the Republic of Ireland. The NLB will continue to take responsibility for liaison with the users of aids to navigation in Scottish waters.
Freight Grants
1.24 Scottish Ministers have powers to operate both rail and water borne freight grant schemes in Scotland. DfT administer similar schemes in England and also have powers to operate cross border schemes. A significant percentage of projects which are eligible for grant involve cross border flows. DfT will consult the Executive on any proposals to revise freight grant schemes for which they have responsibility or proposals for any new schemes. The Executive will consult DfT about any changes it wishes to make to existing schemes and proposals for any new schemes.
Emergency Planning
1.25 Responsibility for setting transport security requirements, for verifying that they are delivered, and for more general civil emergency planning in relation to railway, aviation and maritime industries remains with DfT, as reserved matters. In practice, the closest liaison between DfT, the Executive and the emergency services and local authorities in Scotland will be required in precautionary planning, in dealing with incidents and in facilitating subsequent investigation.
1.26 For incidents and emergencies arising from use of inland waters, the responsibilities of the Executive, of the emergency services and of local authorities will parallel their responsibilities in normal circumstances. For all significant incidents, the Executive will keep the MAIB informed (in case an investigation is required) and the MCA informed (in case it is necessary to proceed against those responsible under the Merchant Shipping Act). Special arrangements for incident and emergency handling also apply to the Caledonian Canal and Loch Ness which, because they communicate with the sea, are considered to be sea for the purposes of MCA's responsibilities for search and rescue.
1.27 DfT has responsibility for marine emergencies, including dealing with major spillages of oil and other hazardous substances at sea from ships and which threaten UK interests. However the assessment of the environmental impact of marine accidents is devolved. DfT's Maritime and Coastguard Agency deals with marine emergencies and is the competent national authority as required by the OPPRC Convention 1990. DfT and the Executive will therefore liaise closely, as appropriate, on responses to marine emergencies. This will be within the framework of the UK National Contingency Plan.
1.28 MCA remain responsible for command and control arrangements in handling maritime emergencies and incidents, and will keep the Executive informed on events in or affecting Scottish waters. For landward incidents in Scotland, involving aircraft or rail services, the Executive will keep DfT informed as required.
State Aid Notification Procedures
1.29 DfT's Europe and International Branch ( EIB) provides advice on the application of transport state aid rules and assists in UK notifications to the Commission. All transport-related State Aid notifications will be submitted through EIB using the procedures set out below.
1.30 The Executive will consult with EIB (who in turn will consult the DTI State Aid Policy Unit, Cabinet Office, the Foreign and Commonwealth Office, UKRep and other Government Departments as necessary) before producing the notification and covering letter to the Commission.
1.31 EIB will send the notification and letter to UKRep and the DTI State Aid Policy Unit; UKRep will send the notification and letter to the Commission Secretariat General, copying to the Executive, EIB and the DTI State Aid Policy Unit.
1.32 EIB will relay to the Executive and the DTI State Aid Policy Unit the Commission's decision together with any conditions attached to that decision.
« Previous | Contents | Next »