Service Level Agreement

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1 Service Level Agreement on provision of legal services between Historic Scotland and The Office of the Solicitor to the Scottish Executive

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3 Signed on behalf of Historic Scotland: Signed on behalf of Solicitors Office SCOTTISH EXECUTIVE John Graham Chief Executive Historic Scotland Richard Henderson Solicitor to the Scottish Executive Victoria Quay Edinburgh EH6 6QQ Date: Date:

4 1. PARTIES 1.1 The parties to the Agreement are Historic Scotland, Longmore House, Salisbury Place, Edinburgh and the Office of the Solicitor to the Scottish Executive ( Solicitor s Office ), Victoria Quay, Edinburgh, together hereinafter referred to as the parties. 2. STATUS OF AGREEMENT 2.1 This Agreement is not legally binding but is intended to represent the clear intentions of the parties in relation to the provision of legal services by the Solicitor s Office to Historic Scotland. 3. PURPOSE OF AGREEMENT 3.1 The purpose of this Agreement is to: (a) (b) (c) (d) (e) (f) (g) (h) set out in general terms the legal services to be sought and supplied; indicate the arrangements for giving and receiving instructions and for undertaking the relevant work; set out timetabling arrangements for the provision of services; specify the standard of legal work to be provided; specify the standard, level and timing of information to be supplied by Historic Scotland; indicate arrangements for monitoring service delivery, both as regards quality of work and turnaround times; specify financial arrangements, and set out any other obligations of the parties in relation to the delivery of services under the Agreement. 4

5 4. COMMENCEMENT OF AGREEMENT 4.1 This Agreement, which replaces any previous Agreement between the parties, commences on (date). 5. DESCRIPTION OF SERVICES 5.1 Solicitor s Office shall supply or co-ordinate the supply of legal services required by Historic Scotland as identified below:- (a) (b) (c) general advice on Scots, UK and European law; services in connection with the preparation of legislation, including subordinate legislation; contracts, including:- (i) contracts for provision of goods and services; (ii) contracts for acquisition of goods and services; (iii) Public Private Partnership (including Private Finance Initiative) contracts; (d) litigation, including:- (i) reparation claims and actions; (ii) judicial review proceedings; (iii) interdict proceedings; (iv) fatal accident inquiries; (v) public local inquiries; (vi) employment tribunals, including employment appeal tribunals; (vii) arbitration; (e) conveyancing and commercial property work, including:- 5

6 (i) transactions for the purchase and sale of heritable property; (ii) transactions for the acquisition or grant of leasehold property; including sub-leases, renewals of lease, rent reviews, licences under lease, surrender of leases, and dilapidations; (iii) drafting and negotiating missives for Private Developer Schemes; (iv) miscellaneous conveyancing, e.g. servitudes, wayleaves etc; (f) work in relation to the award of grants, including:- (i) preparation of standard offers, including advice on conditions; (ii) taking of standard securities; (iii) pursuing recovery of grant; (g) such other legal services as Historic Scotland may from time to time require. 6. STANDARD OF SERVICES (a) (b) (c) Both parties recognise that the delivery of services depends upon full co-operation and open-ness between the parties. Solicitor's Office will provide its legal services with reasonable care and skill to a professional standard. Legal services support Historic Scotland in the delivery of its performance against targets set annually by the Scottish Ministers and published in its Corporate Plan. In general, therefore, subject to paragraphs 6.1(d) to 6.1(e) below, the timetabling and delivery of legal services must relate to those targets and contribute to Historic Scotland s performance.

7 (d) (e) (f) (g) (h) (i) Historic Scotland will provide OSSE divisions B1 and B2 with a copy of its Corporate Plan within one week of its availability. Ordinarily Historic Scotland will seek to ensure that matters on which legal services are required have been cleared for such services at Team Leader/Head of Unit level. The appropriate timetable for the provision of legal services will depend on the particular circumstances. For example, court work will be determined by the time limit imposed by the rules of the relevant court or a conveyancing transaction by the date of entry identified in the concluded missives. Similarly, the timetabling requirements for provision by Historic Scotland to the Solicitor s Office of information required for the provision of legal services will also vary according to the particular circumstances. However, initial information relating to any potential reparation claim, public inquiry or conveyancing transaction, potential employment tribunal application, should be intimated to OSSE as soon as possible after Historic Scotland become aware of any such claim, inquiry or transaction. Thereafter the timetable for provision of advice and detailed evidence in relation to a reparation case or a local inquiry will depend upon the court or inquiry timetable. In relation to all items of work, persons giving and receiving instructions should consider and agree a timetable for completion of the work. Any departure from an agreed timetable should be agreed with the other party. Solicitor s Office shall generally meet requests for advice in accordance with the terms of its client care guidelines - Appendix. The Solicitor s Office will keep Historic Scotland informed of progress in matters it handles. 7

8 7. RESPONSIBILITY FOR PROVIDING LEGAL SERVICES 7.1 The Solicitor s Office shall supply or co-ordinate the supply to Historic Scotland of legal services to meet the requirements of Historic Scotland. 7.2 The Solicitor s Office shall normally provide such services from within its own resources, provided that the Solicitor s Office shall be required to provide only such staff and resources as may be reasonably possible for it to provide, taking into account Departmental Running Costs restraints. 7.3 Selection of staff for performance of the services shall be the sole responsibility of the Solicitor s Office. The Solicitor s Office shall at all times keep Historic Scotland fully informed as to which member of staff is dealing with its transactions. Further, Historic Scotland will be advised of any changes in principal personnel. 7.4 The Solicitor s Office may use local agents or Counsel, usually from their approved list, to conduct litigation proceedings or any aspect thereof on their behalf and on behalf of Historic Scotland where it appears to the Solicitor s Office to be economic or efficient to do so. Any unexpected use of this facility on the part of the Solicitor s Office (e.g. to deal with an important, lengthy or costly case) will not be arranged without the prior agreement of the officer within Historic Scotland responsible for the case. 7.5 In addition, at the request of either party, the parties may give consideration to the possibility of other work being outsourced by the Solicitor s Office to private legal firms. Such sub-contracting may be either because the resources of the Solicitor s Office are insufficient to attend to, or to complete within the timescale required, a particular item of work, or because the specialised nature of the work may require a particular expertise available within the private sector. Any such arrangement should be subject to prior agreement between the Solicitor s Office and Historic Scotland Where appropriate, for example where there is a common interest with another Government Department or agency, Historic Scotland may, subject to the approval of the Solicitor s Office, share a legal service and its cost with another party whether or not the service is supplied by the Solicitor s Office.

9 8. INSTRUCTIONS TO SOLICITOR S OFFICE 8.1 Responsibility for the referral of casework to the Solicitor's Office for such legal services lies with Historic Scotland. There shall be no restriction on which officers of Historic Scotland can provide instructions to Solicitor s Office, though all such requests should be copied to the relevant Director. Ordinarily Historic Scotland will seek to ensure that matters on which legal services are required have been cleared for such services at Team Leader/Head of Unit level. 8.2 The Solicitor s Office will be advised of any changes in principal personnel. 8.3 Historic Scotland will be responsible for the provision of adequate detailed and timely instructions to enable the work to be carried out at all stages of its performance. 9. FINANCIAL ARRANGEMENTS 9.1 Historic Scotland shall be responsible for payment of all outlays (including (1) all travel and subsistence expenses in accordance with normal Scottish Executive procedures and rates incurred by the Solicitor s Office in respect of work undertaken for Historic Scotland, other than those related to the ordinary administration of the Solicitor s Office and (2) all fees and outlays incurred by private practitioners or Counsel who are appointed under paragraph 7.4 and 7.5 above). 9.2 Historic Scotland is part of the Scottish Administration established by the Scotland Act 1998 and is accordingly not charged by the Solicitor s Office for staff resources employed in the provision of legal services. 9.3 The outlays payable by Historic Scotland hereunder will be billed in accordance with arrangements as agreed between Historic Scotland and the Solicitor s Office. 9

10 10. MONITORING 10.1 Arrangements for monitoring and measuring clearance times will be agreed between the Solicitor's Office and Historic Scotland. In reviewing the achievement of clearance times regard will be had to:- (a) the sufficiency, accuracy and timeliness of instructions; (b) the weekly, monthly or other rate at which casework is received; (c) the timetables imposed by the courts; and 10.2 If Historic Scotland has concerns about the progress of individual matters they should raise the same with either the particular officer of the Solicitor s Office concerned or with the relevant Divisional Solicitor. Overall timetable performance should be reviewed from time to time by the Divisional Solicitors aftermentioned and in particular in the context of the meetings to discuss the Agreement in terms of paragraph 11.1 below The mechanism for ensuring the quality of the work undertaken is the Solicitor s Office management system, which ensures that work is conducted by appropriate staff and is sufficiently supervised. Where, however, Historic Scotland have concerns, these should be raised with line management within Historic Scotland or with Historic Scotland s Liaison Officer Susan Williamson for Historic Scotland and Alastair MacLeod of the OSSE Business Division will act as Liaison Officers for Historic Scotland and Solicitor s Office respectively. The Liaison Officers will be responsible for keeping under review the services to be provided by the Solicitor s Office. In fulfilling this function they will meet as and when required after consulting such other Divisions in their respective Offices as seem appropriate, and will also form a channel for communication of matters of general interest (for example changes in organisation, staffing etc) as and when such matters arise. 10

11 11. REVIEWS 11.1 This Agreement will be reviewed at twice yearly meetings At the time of the twice yearly meetings, and otherwise as circumstances require, Historic Scotland will draw to the attention of the Solicitor s Office any matters which are expected to have a significant impact on the work of the Solicitor s Office in the provision of services to them. Likewise, at the time of each meeting and otherwise as circumstances require, the Solicitor s Office shall draw to the attention of Historic Scotland any matters which are expected to have a significant impact on the delivery of services to Historic Scotland. 12. VARIATION 12.1 This Agreement may be varied by agreement in writing between the parties. Operational or policy changes within Historic Scotland may result in the need to amend the list of services A proposal to add, modify or remove a service which has the effect of changing the Solicitor's Office costs, will be tabled for discussion at the earliest opportunity, and not less than one month in advance of the change and, other than by agreement by both parties, the proposal will not be implemented within the period covered by this Agreement Notwithstanding the foregoing, Solicitor s Office will cooperate in implementing any urgent legislation that impacts on the functions of Historic Scotland. 13. TERMINATION 13.1 Either party may end this Agreement by giving 6 months written notice to the other party. 11

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