Hazardous Substances: planning framework

Author: Damon Davies, Courtney Aitken, Annie Bosse and Sarah McKay

PDF Published: Wednesday 29 Jun 2022 (SB 22-43)

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Overview
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Overview
Report
- Summary
- What are common frameworks?
  - What is the Hazardous Substances framework?
- Why are common frameworks needed?
- What is the process for developing frameworks ?
- How will the Scottish Parliament consider frameworks?
  - The Scrutiny Challenge
  - Session 5 scrutiny at the Scottish Parliament
- Scrutiny at other legislatures
  - House of Lords Common Frameworks Scrutiny Committee
  - House of Commons Housing, Communities and Local Government Committee
  - Northern Ireland Assembly Committee for Infrastructure
  - Welsh Senedd Climate Change, Environment and Rural Affairs Committee
- The UK Internal Market Act 2020
  - Process for considering UK Internal Market Act exclusions in common framework areas
- Hazardous Substances (Planning) Common Framework
  - Policy Area
  - Scope
    
    International agreements
  - Summary of proposed approach
  - Stakeholder engagement
  - Detailed overview of proposed framework: legislation
  - Detailed overview of proposed framework: non-legislative arrangements
- Hazardous Substances: planning framework in practice
  - Decision-making
  - Roles and Responsibilities: parties to the framework
  - Roles and responsibilities: existing or new bodies
  - Monitoring and enforcement
  - Review and amendment
  - Dispute resolution official level
  - Dispute resolution Ministerial level
  - Implementation
- Summary
- What are common frameworks?
- Why are common frameworks needed?
- What is the process for developing frameworks ?
- How will the Scottish Parliament consider frameworks?
- Scrutiny at other legislatures
- The UK Internal Market Act 2020
- Hazardous Substances (Planning) Common Framework
- Hazardous Substances: planning framework in practice
Sources

The image illustrate the different stages common frameworks go through as they are developed. The development comprises five phases: (1) brings together the UK Government and devolved administrations to engage in initial discussions on how the common framework should proceed. (2) focussed on detailed policy development. (3) Period of review, consultation and further policy development. (4) Framework is agreed and implemented. Scottish Parliament committees are involved in scrutiny. (5) Post-implementation arrangements.

Image: What is the process for developing frameworks ? …

Image showing the proposed structure for intergovernmental relations.

Image: Dispute resolution Ministerial level …

The diagram displays the order in which disputes are dealt with. It shows a rectangle, the official level, and a triangle, the ministerial level, above the rectangle. The official level comprises officials at the bottom and senior officials above them. The Ministerial level comprises interministerial groups, above them interministerial committees, and above them the Council. A disagreement is first dealt with at the official level, signified by an arrow pointing inwards towards the bottom of the rectangle. All levels are connected by purple arrows pointing upwards which signify that the disagreement is escalated. At all levels, a blue arrow points outwards to the right-hand side to signify resolution. At the two top tiers, the interministerial committees and the Council can 'agree to disagree', signified by an orange arrow pointing to the left-hand side, at which point they are required to make a statement to legislatures.

Image: Dispute Resolution at official and Ministerial levels …

Finance and Constitution Committee, The Scottish Parliament. (2021, February 12). Legacy Expert Panel Report to the Finance and Constitution Committee 12 February 2021. Retrieved from https://archive2021.parliament.scot/S5_Finance/General%20Documents/Legacy_Finaldoc(1).pdf [accessed 13 December 2021]

Scottish Parliament . (2021, June 4). Common Frameworks in the new Parliamentary Session. Retrieved from https://spice-spotlight.scot/2021/06/04/common-frameworks-in-the-new-parliamentary-session/ [accessed 13 December 2021]

Uk Government . (2021, December 10). Guidance: Process for considering UK Internal Market Act exclusions in Common Framework areas. Retrieved from https://www.gov.uk/government/publications/process-for-considering-ukim-act-exclusions-in-common-framework-areas/process-for-considering-uk-internal-market-act-exclusions-in-common-framework-areas#agreement-of-an-exclusion-request [accessed 13 December 2021]

Health and Safety Executive. (n.d.) Hazardous substance consents. Retrieved from https://www.hse.gov.uk/landuseplanning/hazardoussubstances.htm [accessed 17 2021]

Last Updated: 7/3 6:36am

Image: What is the process for developing frameworks ? …

Image: Dispute resolution Ministerial level …

Image: Dispute Resolution at official and Ministerial levels …

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