Here you will find the Concordat voluntarily agreed between the Department for Constitutional Affairs and the Scottish Executive.
1. This Concordat is made between the Department for constitutional affairs (DCA) and the Scottish Executive It is intended to provide the framework to guide future working relationships between the Secretary of State for Constitutional Affairs, other DCA Ministers and DCA officials and Scottish Ministers and their officials. In this Concordat "the administrations" means the Office of the Scottish Executive and the Department for Constitutional Affairs. The terms "DCA" and the "Executive" also include their respective Executive Agencies where appropriate.
2. The main body of this concordat specifies the general working arrangements between DCA and the Executive. There is also an annex containing additional arrangements between the DCA and the Executive. There is also an annex containing additional arrangements provided for in the main body of this concordat, taken together with the Memorandum of Understanding (MoU), the Joint Ministerial Committee (JMC) agreement, the overarching concordats, and the guidance on common working practices will be followed.
3. This Concordat is intended to promote constructive co-operation and communication. It sets out a working framework within which Ministers and officials may continue and develop relationships between the administrations. The primary aim is to ensure that if either is planning action impinging on the responsibilities of the other, it gives adequate forewarning. We aim to foster a constructive and harmonious working relationship based on the principle of 'no surprises'. This forewarning should where possible be given in sufficient time to enable representations to be made, and for these to be fully considered.
4. This Concordat has been drawn up in accordance with the principles outlined in the MoU which defines the principles and practices guiding relations between the UK Government and the devolved administrations in Scotland, Wales and Northern Ireland. The MoU is supplemented by an agreement on the JMC and by guidance on common working practices. There are also over-arching concordats setting out the framework for co-operation on EU business, international matters and statistics. Where those matters are concerned reference should first be made to those concordats. This concordat is a voluntary agreement rather than 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 (for further information see 'Statutory Framework' section). This Concordat does not create any equivlalent 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 the administrations.
5. DCA 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. The administrations will undertake to exchange information and inform or consult each other on a wide range of issues in a wide range of situations. This Concordat is not intended to be an exhaustive description of every aspect of the relationship between them, or to preclude communications between them about issues or situations not covered in the Concordat. It is not feasible to prescribe in detail the circumstances triggering a need to invoke the arrangements set out in the Concordat; nor the exact form of communication and timescale involved.
6. DCA and the Executive undertake to keep each other informed, where relevant, 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. The administrations will use their judgement, taking into account the terms of the Concordat, in determining for any given issue the procedures, level of detail and timescale that appear reasonable and appropriate in a given circumstance. This judgement should, however, wherever possible be made in accordance with the general principle set out above of 'no surprises'.
7. The principal channel of communications between the administrations should be bilateral contact at official or ministerial level. The vast majority of matters that affect the responsibilities of the administrations should be capable of resolution at this level (Also see 'Reaching Agreement' section). Formal contact at official level will normally take place between the subject area contact points as notified by the administrations. Formal consultation should normally be in writing (this includes email). It should however be supplemented by regular informal contact wherever possible. This Concordat is framed in terms of the relationship between DCA and the Executive but in some cases the most effective way of conducting business will involve other UK departments or devolved administrations. Where relevant the two administrations will as far as possible abide by the Concordats drawn up between other departments in the four administrations.
8. The Scotland Act 1998 provides for the transfer to the Scottish Ministers of Ministerial functions relating to devolved matters in or as regards Scotland, subject to the constraints set out in the Act. Ministerial functions relating to reserved matters in Scotland continue to be exercised by the appropriate Secretary of State. The Act provides, however, that Ministerial functions relating to reserved matters may be "executively devolved" to the Scottish Ministers and that specified functions relating to devolved matters may be transferred to the Secretary of State. Functions in these categories may require to be exercised after consultation with, or with agreement of, or with the consent of, the Secretary of State or the Scottish Ministers. The Act also makes provision for certain functions to be exercised concurrently in Scotland by the Secretary of State and the Scottish Ministers; for certain categories of non-statutory Ministerial functions relating to the establishment, maintenance or abolition of public authorities to be exercised jointly; and functions of either the Secretary of State or the Scottish Ministers to be exercised by the other on an Agency basis.
9. Certain matters for which DCA has responsibility for in England and Wales are in Scotland devolved to the Scottish Executive. In relation to such matters the two administrations will:
10. These principles will also apply to those matters where the administrations exercise joint and concurrent powers. Joint powers are those where it is a legal requirement for Scottish Ministers and UK Ministers to act in agreement and together, or for UK Ministers to act only after consultation with the Scottish Ministers (or vice versa). Concurrent powers are those which either UK or Scottish Ministers or both will be able to exercise in Scotland.
11. In relation to reserved matters for which DCAhas the lead within the UK, DCA will inform the Executive as early as possible of proposals on matters likely to be of interest to the Executive. This will as far as possible be done before any public announcement is made, and in sufficient time to enable the Executive to make comments should it so wish and for these to be considered. DCA and the Executive will inform each other of any relevant information which comes to its attention which may require action by the other party.
12. DCA 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 DCA on the effect on devolved matters of a proposal by DCA. If such advice is to be rejected, in whole or part, the administration taking action will inform the other, wherever possible before the proposal is presented in public.
13. The Executive will consult DCA at an early stage when there is a possibility that a proposed policy or decision may relate to reserved matters for which DCA is responsible. This includes any possibility that proposed Scottish legislation might affect such reserved matters, particularly if this involves consequential changes in legislation on such matters. DCA will similarly consult the Executive at an early stage where a proposed policy or decision on reserved matters may affect devolved matters.
14. The administrations may set up, on a voluntary basis, joint working groups or committees where considered appropriate. The form which joint working may take is varied and will be determined by the particular circumstance.
15. Detailed arrangements on matters relating to administrative justice are set out at Annex A.
16. In such matters the two administrations will abide by the over-reaching Concordatson International Relations and on Co-ordination of European Union Policy Issues as provided for in the MoU.
17. The two administrations will act in accordance with the Statement of Funding Policy, published by Treasury on 31 March 1999.
18. The two administrations will abide by the principles regarding confidentiality set out in the MoU.
19. Particular considerations apply to consultation between the administrations on appointments, including judicial appointments and appointments to Cross Border Bodies specified under S88 of the Scotland Act 1998. These will be carried out on a confidential basis between named official(s) as notified by the administrations inwriting, or their successors as notified from time to time in writing. The administrations will deal with any issue arising under this heading as swiftly as possible so as to meet any deadlines set. Any correspondence involving judicial appointments or re-appointments will be carried out under the cover of "Appointments - In Confidence".
20. The administrations will consult each other where appropriate on correspondence and parliamentary business, and public statements and announcements, in accordance with the arrangements set out in the MoU and any accompanying guidance.
21. The Executive will inform DCA in advance of public statements which can be prepared well in advance on devolved matters which, in England and Wales, the responsibility of DCA or which impact on reserved matters. DCA will inform the Executive in advance of public statements on DCA responsibilities, which are devolved matters in Scotland, or impact on such matters.
22. The administrations will abide by the arrangements set out in the overarching Concordat on Statistics regarding communication on statistics, analysis, monitoring and research.
23. Where LCD has a policy interest the Executive will send to the LCD contact point for that policy:
24. Annex B sets out administrative sets out administrative arrangements relating to requests for access, under Freedom of Information legislation, to UK public records which have been transferred to the Keeper of the Records of Scotland by UK public authorities.
25. The administrations are committed as far as possible to handle matters through normal administrative channels, either at official or ministerial level. Every effort will be made to avoid disputes. When this is not possible, disputes will be considered by senior officials, and, if necessary, Ministers to seek a mutually acceptable resolution.
26. Where exceptionally a dispute cannot be resolved bilaterally, or through the good offices of the Secretary of State for Scotland, the matter may be formally referred to the Secretariat of the JMC, subject to the guidance set out in Agreement on the JMC. Each administration will inform the other beforehand of any proposal to involve the JMC and will allow the other to make appropriate representations. The JMC Secretariat will also be consulted at an early stage.
27. The administrations will also inform the other beforehand of any proposal to invoke the intervention powers contained in the Scotland Act 1998, and will allow the other to make appropriate representations.
28. It will be open to DCA or the Executive to propose alterations to the Concordat at any time to reflect changes in policy or to administrative practice including any changes to the MoU and overarching Concordats. Annexes may be added, removed or amended as and when the need arises, by agreement between DCA and the Executive. No amendment shall take place without mutual discussion and agreement.
29. This Concordat will be reviewed periodically, at a maximum of three yearly intervals and more frequently if required. The date of the last review was July 2005.