Memorandum of Understanding (MoU) Between Scottish Ministers (SM) and Secretary of State for Work and Pensions (SSWP) on joint working arrangements

4. Format of Document

4.1. This MoU is formed of the following constituent parts:

• The main body text of the joint working arrangements contained within this MoU will be the overarching document with regards to the relationships and responsibilities of SSWP and SM in respect of the new devolved powers.
• Annexes applicable to either the Social Security Programme or the Employment Services Programme and which cover any specific transition, implementation or steady state working together arrangements that may be required. These will provide specific detail about working together that are applicable for some areas but not applicable across the whole DWP relationship at any point in time. It will be clearly stated at the beginning of each Annex which programme the Annex is owned by to avoid any doubt. Appendix A to this MoU will detail all the Annexes in place.
• Annexes form part of the MoU and are to be held in the same regard by all parties and fully adhered to.
• The DWP and SG Joint Communications Framework will also be annexed to this MoU. This provides the details of an aligned approach to communications and engagement in relation to the powers devolved and details specific arrangements with regards to the sharing of communications information between communications teams on the Scottish Devolution Programme and Social Security Scotland.
• Overarching principles and agreements relating to information sharing will be referenced in the main body of the MoU. However, individual Data Sharing Agreements will sit as Annexes to the MoU which will be appropriate to either the Social Security Programme or the Employment Services Programme - and which will evolve over the lifespan of the transition from reserved to devolved benefit and employment support services, and in the on-going operational interaction between reserved and devolved functions and services. The MoU will be reviewed and revised as necessary over the period of implementation i.e. new Annexes may be added. These separate Annexes are essential due to the sensitive nature of much of the information to be shared, to ensure that it is clear where accountability lies within SG.

4.2. Data Sharing Agreements will be in place for specific arrangements for the sharing of personal data. This may be ad hoc request processes or standardised data feeds. Each Data sharing agreement will set the terms of the information that can be shared and the preferred methods for delivery. The Data Sharing Agreements will also reference any technical specifications for data transfer and may require business and technical/security sign-off.

4.3. For the purposes of this MoU there is a distinction between personal data and information. Information is defined as any piece of documentation, statistical information, financial information, contracts and other information that does not contain personal data. Personal data would be considered as defined in Part 1 Section 3 of the Data Protection Act 2018 and Article 4.1 of the UK General Data Protection Regulation.

4.4. The MoU may refer to operational processes but will not define the specific processes. These may be referenced within this document, if all parties are content and feel this is appropriate.

4.5. This MoU details the approach and the overarching agreement between SM and SSWP in relation to the devolved powers. Anything that is specific to a particular area (i.e. benefit or point in the transition), will be annexed to this document. It is the expectation that the MoU will be revised at appropriate junctures throughout the lifecycle of the Social Security Programme and/or the Employment Services Programme. It will be important during the period of both programmes to define and set out the eventual "business as usual" steady state relationships between SSWP, SM, and the delivery bodies responsible for the employment programmes and social security administration in Scotland. In time, those relationships will be set out in specific Annexes to this MoU.

4.6. The MoU will have designated signatories who will sign on behalf of the respective parties. The Annexes may have different signatories, dependent on the content and ownership of the Annex, who are only agreeing to the terms for the information contained within that Annex. The Annex signatory or their successor is responsible for all information and agreements made in the Annex.

4.7. Annexes can be amended in isolation from the MoU review. Each Annex signatory has full responsibility and ownership of their respective Annex, ensuring procedures are in place to inform MoU signatories of any amendments. Each Annex signatory to ensure safeguards for succession planning are in place. When the entire MoU is reviewed/amended, the MoU signatories or their successor will seek assurance from respective Single Point of Contacts (SPoCs) that individual Annex signatories are aware and have consented (where applicable) to any substantive revisions.

4.8. SG Social Security Programme will be the document controller of this MoU as far as being responsible for the primary upkeep. The MoU is, however, jointly owned by all parties equally. Associated Annexes are owned between either the Social Security Programme / Social Security Scotland and DWP or Employment Services Programme and DWP. Annexes will specify how each arrangement will be managed.

4.9. For the purposes of audit, review and accountability, it is the responsibility of each SPoC and, ultimately, the MoU signatories (or their successors) to ensure that the terms of the MoU are adhered to and the appropriate processes are in place. Where specific Annexes relate to only one of the programmes within SG, the signatories to that Annex are responsible for ensuring that the terms of that Annex are adhered to and the appropriate processes are in place.