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Nature of Concordat
4. This concordat has been drawn up in accordance with the principles outlined in the Memorandum of Understanding ( MoU) which is an agreement between the UK Government and the devolved administrations of Scotland, Wales and Northern Ireland of the principles that guide communication and co-operation between them. The MoU is supplemented by an agreement on the Joint Ministerial Committee ( JMC). There are also over-arching concordats setting out the framework for co-operation on EU policy issues, international matters, statistics, and financial assistance to industry. Where those matters are concerned, reference should first be made to those over-arching concordats. However, where specific arrangements on cost sharing have been agreed between DfT and the Executive, those arrangements apply rather than the general cost-sharing provisions of the MoU.
5. This concordat is a voluntary arrangement between DfT and the Executive. It is not a binding agreement or contract and so does not create any legally enforceable rights, obligations, or restrictions. It is intended to be binding in honour only. The Scotland Act 1998 provides for statutory consultation by the UK Government with the Scottish Administration in certain cases; this concordat does not create any equivalent or other right to be consulted or prevent consultation beyond that required by statute. Any failure to follow the terms of the concordat is not to be taken as invalidating decisions taken by DfT or the Executive.
6. The main body of this concordat specifies general working arrangements between DfT and the Executive. There are also a number of annexes containing additional arrangements which relate to specific subject areas (or groups of subjects). For other subject areas which are not covered in the annexes, the arrangements provided for in the main body of this concordat, taken together with the MoU will be followed.
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