Dispute Avoidance and Resolution. A3.1 This agreement, between the UK Government and the devolved administrations, outlines procedures for avoiding and resolving disputes between administrations consistent with the general principles set out in the Memorandum of Understanding. In particular it builds on (but does not replace) the terms of reference of the Joint Ministerial Committee, which include ‘to consider disputes between the administrations’, as set out in paragraph 23 of the MoU; paragraphs 24 and 25; paragraphs A1.5 and A1.7 of the Supplementary agreement on the JMC; and paragraphs 12.1 and 12.2 of the UK Government’s Statement of Funding Policy. A number of concordats include procedures on avoiding and resolving differences, and this agreement supplements but does not replace them. Like the MoU itself this agreement is a statement of intent, creating no legal obligations between the parties, and binding in honour only. A3.2 In order to reduce to the minimum the potential for disputes to arise, the parties recommit themselves to the principles of good communication and cooperation set out in the Memorandum of Understanding. A3.3 The parties undertake to follow these procedures in good faith and in a timely manner in order to resolve differences that occur in the operation of the current arrangements. (The procedures are not intended to deal with differences over possible change to the overall statutory framework governing devolution). When differences arise it is the obligation of all those involved to make determined efforts to resolve them, in accordance with the principles of the MoU, including those relating to confidentiality. A3.4 There may be circumstances, particularly those arising from differences in political outlook, where the UK Government and one or more of the devolved administrations are unlikely to be able to agree. In these cases the parties to this agreement recognise that the JMC machinery is unlikely to offer any prospect of resolution. They also recognise, consistently with the principle that the JMC is not a decision- making body, that the basis on which the procedures will operate is the facilitation of agreement between the parties in dispute, not the imposition of any solution. A3.5 There may at times be disputes between administrations on the interpretation of legal provisions relating to devolution. Without prejudice to the powers to place these before the courts, the administrations will generally seek first to resolve them in line with this protocol. A3.6 All efforts should be made to resolve differences informally and at working level if possible. Where this fails, the issue should be brought to the attention of more senior officials, including, if other steps are unsuccessful, members of the JMC officials’ framework i.e. JMC(O) or senior officials supporting the JMC(D) or JMC(E) as appropriate. All should fully commit themselves to achieving agreement if possible. If no agreement is reached at official level, Ministers should make every effort to resolve the problem without the need formally to invoke the JMC process. These steps should proceed in a timely manner. A3.7 The MoU recognises the key responsibility of the relevant territorial Secretary of State for promoting effective working relations and helping resolve disputes [paragraph 24, A1.
Appears in 4 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Dispute Avoidance and Resolution. A3.1 This agreement, between the UK Government and the devolved administrations, outlines procedures for avoiding and resolving disputes between administrations consistent with the general principles set out in the Memorandum of Understanding. In particular it builds on (but does not replace) the terms of reference of the Joint Ministerial Committee, which include ‘„to consider disputes between the administrations’administrations‟, as set out in paragraph 23 of the MoU; paragraphs 24 and 25; paragraphs A1.5 and A1.7 of the Supplementary agreement on the JMC; and paragraphs
12.1 and 12.2 of the UK Government’s Government‟s Statement of Funding Policy. A number of concordats include procedures on avoiding and resolving differences, and this agreement supplements but does not replace them. Like the MoU itself this agreement is a statement of intent, creating no legal obligations between the parties, and binding in honour only.
A3.2 In order to reduce to the minimum the potential for disputes to arise, the parties recommit themselves to the principles of good communication and cooperation set out in the Memorandum of Understanding.
A3.3 The parties undertake to follow these procedures in good faith and in a timely manner in order to resolve differences that occur in the operation of the current arrangements. (The procedures are not intended to deal with differences over possible change to the overall statutory framework governing devolution). When differences arise it is the obligation of all those involved to make determined efforts to resolve them, in accordance with the principles of the MoU, including those relating to confidentiality.
A3.4 There may be circumstances, particularly those arising from differences in political outlook, where the UK Government and one or more of the devolved administrations are unlikely to be able to agree. In these cases the parties to this agreement recognise that the JMC machinery is unlikely to offer any prospect of resolution. They also recognise, consistently with the principle that the JMC is not a decision- making body, that the basis on which the procedures will operate is the facilitation of agreement between the parties in dispute, not the imposition of any solution.
A3.5 There may at times be disputes between administrations on the interpretation of legal provisions relating to devolution. Without prejudice to the powers to place these before the courts, the administrations will generally seek first to resolve them in line with this protocol.
A3.6 All efforts should be made to resolve differences informally and at working level if possible. Where this fails, the issue should be brought to the attention of more senior officials, including, if other steps are unsuccessful, members of the JMC officials’ officials‟ framework i.e. JMC(O) or senior officials supporting the JMC(D) or JMC(E) as appropriate. All should fully commit themselves to achieving agreement if possible. If no agreement is reached at official level, Ministers should make every effort to resolve the problem without the need formally to invoke the JMC process. These steps should proceed in a timely manner.
A3.7 The MoU recognises the key responsibility of the relevant territorial Secretary of State for promoting effective working relations and helping resolve disputes [paragraph 24, A1.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Dispute Avoidance and Resolution. A3.1 This agreement, between the UK Government and the devolved administrations, outlines procedures for avoiding and resolving disputes between administrations consistent with the general principles set out in the Memorandum of Understanding. In particular it builds on (but does not replace) the terms of reference of the Joint Ministerial Committee, which include ‘to consider disputes between the administrations’, as set out in paragraph 23 of the MoU; paragraphs 24 and 25; paragraphs A1.5 and A1.7 of the Supplementary agreement on the JMC; and paragraphs
paragraphs 12.1 and 12.2 of the UK Government’s Statement of Funding Policy. A number of concordats include procedures on avoiding and resolving differences, and this agreement supplements but does not replace them. Like the MoU itself this agreement is a statement of intent, creating no legal obligations between the parties, and binding in honour only.
A3.2 In order to reduce to the minimum the potential for disputes to arise, the parties recommit themselves to the principles of good communication and cooperation set out in the Memorandum of Understanding.
A3.3 The parties undertake to follow these procedures in good faith and in a timely manner in order to resolve differences that occur in the operation of the current arrangements. (The procedures are not intended to deal with differences over possible change to the overall statutory framework governing devolution). When differences arise it is the obligation of all those involved to make determined efforts to resolve them, in accordance with the principles of the MoU, including those relating to confidentiality.
A3.4 There may be circumstances, particularly those arising from differences in political outlook, where the UK Government and one or more of the devolved administrations are unlikely to be able to agree. In these cases the parties to this agreement recognise that the JMC machinery is unlikely to offer any prospect of resolution. They also recognise, consistently with the principle that the JMC is not a decision- decision-making body, that the basis on which the procedures will operate is the facilitation of agreement between the parties in dispute, not the imposition of any solution.
A3.5 There may at times be disputes between administrations on the interpretation of legal provisions relating to devolution. Without prejudice to the powers to place these before the courts, the administrations will generally seek first to resolve them in line with this protocol.
A3.6 All efforts should be made to resolve differences informally and at working level if possible. Where this fails, the issue should be brought to the attention of more senior officials, including, if other steps are unsuccessful, members of the JMC officials’ framework i.e. JMC(O) or senior officials supporting the JMC(D) or JMC(E) as appropriate. All should fully commit themselves to achieving agreement if possible. If no agreement is reached at official level, Ministers should make every effort to resolve the problem without the need formally to invoke the JMC process. These steps should proceed in a timely manner.
A3.7 The MoU recognises the key responsibility of the relevant territorial Secretary of State for promoting effective working relations and helping resolve disputes [paragraph 24, A1.
Appears in 1 contract
Samples: Memorandum of Understanding