« Previous | Contents | Next »
Listen
Practical Arrangements
13. DfT and the Executive recognise that good communications systems are essential in order to assist the process of policy formation and decision-making in each administration and to meet any consultation or other requirements connected with the exercise of a function. DfT and the Executive therefore undertake to keep each other informed, as outlined in paras 14 to 17 below ( to avoid the situation where something was not shared because it was judged irrelevant), of developments in policy and practice in respect of matters within or affecting their respective responsibilities, including proposals for legislation and other initiatives, and other issues which may be relevant to each other. They also recognise that there will be mutual benefit from the exchange , where appropriate, of information on scientific, technical and policy matters , in accordance with the principles set out in the MOU. Specific arrangements for devolved matters, reserved matters, and the interface between the two, are set out below.
Devolved Matters
14. In relation to devolved matters DfT and the Executive will:
- Share information, analysis and research, where such arrangements would be of mutual benefit;
- Inform each other of any relevant information which comes to their attention which may require action by or have resource consequences for the other party;
- Seek to involve each other, as and when appropriate, in policy formation on topics where there is a reasonable expectation that a policy initiative might affect the other's responsibilities, or be used or adapted by the other (but an initiative by one administration does not imply that the other will follow suit);
- Inform each other at the earliest practicable stage of any proposal to change primary or secondary legislation, and work with each other to identify the potential implications for the other's responsibilities; and
- Inform each other at the earliest practicable stage of substantive new policy announcements which may be relevant to, or have an impact on, the other's responsibilities.
Interface between Devolved & Reserved Matters
15. There are some areas where there is a close interface between devolved and reserved matters. DfT and the Executive will maintain close contact on issues where such an interface exists. In such cases:
- The Executive will consult DfT at an early stage when there is a possibility that a proposed policy or decision ( e.g. on planning guidance) may relate to reserved matters ( e.g.UK or GB-wide strategies on reserved matters) for which DfT is responsible; this includes any possibility that proposed Scottish legislation (including in the area of Scots private law) may affect reserved matters, particularly if this may involve consequential changes in legislation on such matters. DfT will similarly consult the Executive at an early stage where a proposed policy or decision on reserved matters may affect devolved matters;
- In the case of planning or analogous cases which are to come before Ministers of the Crown or Scottish Ministers for decision and where there is an interface between reserved and devolved matters, the Executive and DfT will inform each other at an early stage; such notification will be in sufficient time to enable the recipient to submit representations, in the same way as other interested parties, for consideration before a decision is reached;
- Each party will ensure that the other is kept abreast of developments in policy, practice and legislation, including discussions with third parties, in areas where there is, or could be, an interface; and
- DfT and the Executive will co-ordinate activities where appropriate.
16. DfT may offer advice to the Executive on the effect on reserved matters of a proposal by the Executive, and the Executive may similarly offer advice to DfT on the effect on devolved matters of a proposal by DfT. Each party will give due consideration to such advice and will inform the other of the outcome of that consideration in advance of presenting the proposal in public.
Reserved Matters
17. In relation to reserved matters:
- DfT will inform the Executive, as early as possible, of proposals which may be relevant to the Executive, and wherever possible before any public announcement is made; and
- DfT and the Executive will inform each other of any relevant information which comes to its attention which may require action by the other party.
Joint and Concurrent Powers
18. Joint powers are those where it is a legal requirement for Scottish Ministers and UK Ministers to act in agreement and together. Alternatively, there may be a requirement for UK Ministers to act only after consultation with Scottish Ministers (or vice versa). Concurrent powers are those which either UK or Scottish Ministers or both will be able to exercise in Scotland. In such cases, the provisions contained in paragraphs 15 and 16 above will apply, subject to any necessary modifications.
« Previous | Contents | Next »