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

7. Change Management and Governance (Programme Level)

7.1. At a Ministerial level, the implementation of the devolved matters of social security (as amended into the Scotland Act 1998 by section 22 of the Scotland Act 2016) is overseen by the JMWGW. The Social Security (Scotland) Act 2018 gives Scottish Ministers the power to substantively legislate for those devolved areas in secondary legislation. The JMWGW is charged with assuring successful implementation and transfer of delivery, recognising other change activity and operational priorities across the two Governments.

7.2. The remit of the JMWGW is governed by agreed Terms of Reference (ToRs). It is the responsibility of the SPoCs to ensure the latest version of these is taken into account at each review/amendment of this MoU.

7.3. To ensure successful implementation of welfare benefits and employment support provisions of the Scotland Act 2016, the two Governments have set up appropriate governance arrangements, consisting of:

SM:

• The SG's Social Security Directorate, Social Security Scotland and the formal governance structure for the Social Security Programme (which includes the Programme Board on which DWP sit as observers) are responsible for ensuring the successful implementation of the relevant devolved powers.
• Although the JMWGW is in place to monitor and ensure successful implementation, the Social Security Programme Board is the authorising environment through which programme and working level activities are managed and governed within SG.
• SG's Social Security Programme consists of multiple projects. These projects will be set up and closed as applicable throughout the lifecycle of the programmes.
• Although the full programme structure for the devolution of these powers within SG is an SG responsibility, there will be some areas where DWP will provide different roles (i.e. advisory, assurance, authorising) at different times rather than a formal governance role. As these are known, they will be detailed in appropriate ToRs and reflected within the MoU and associated Annexes, as applicable.

SSWP:

• The DWP Scottish Devolution Programme is responsible for ensuring successful implementation of the DWP elements of the devolved powers. The DWP Scottish Devolution Programme Board is the primary decision-making authority for the programme, providing advice and support to the DWP Senior Responsible Owner (SRO) who is accountable for the delivery of all elements within the scope of the Scottish Devolution Programme. The SRO of the SG Social Security Programme will have a standing invitation to the DWP Scottish Devolution Programme Board as observer.
• Although the DWP programme structure for the devolution of these powers within DWP is a DWP responsibility, there will be some areas where the SG SRO will provide different roles (i.e. advisory, assurance, authorising) at different times rather than a formal governance role. As these are known, they will be detailed in appropriate ToRs and reflected within the MoU as applicable.
• Where appropriate Programmes already exist within DWP delivering change activity in devolved areas, the DWP Scottish Devolution Programme will commission required change through individual Programmes. In such areas decision-making authority will be held jointly between the DWP Scottish Devolution Programme Board and the respective change Board.

7.4. DWP and SG are committed to the principle of good communications with each other and will alert each other as soon as practicable through the appropriate forums (in confidence where appropriate) to proposals for new policy initiatives or programmes, and changes to existing policies or service delivery where there is a direct or indirect impact on, or interaction with, the other's areas of responsibility. To help achieve this, where appropriate, DWP and SG may agree to be part of each other's governance and oversight mechanisms (e.g. programme boards and joint working groups).

7.5. The structure and key contacts for the two Programme Boards are detailed in Annex C.