TLLS Risk Register August 2010

Reference Description of risk Risk MFS Owner Inherent risk Mitigating action already under way Residual risk Further action Inherent Cost of Residual Comments/Assumptions Date Risk Target Risk

Status change since

and Risk and context category Group of risk planned or Financial Mitigating Financial last Action

Timeframe of risk
name Strate other Impact Actions Impact reviewed ee
gic comments

last reported
Outco

Likelihood

Likelihood

Likelihood
Exposure

Exposure

Exposure
me

Impact

Impact

Impact
ñ
ó
ò
TLLS's Top MFS Group Level Risks
TLLS-01 DfT is exposed to November Legal & Nick Co-ordination of defence arguments with MIB. Review of Partly Review of the It is difficult to Recent discussion with MIB indication
Litigation potential claims and legal 2011 Compliance Denton Letter to MIB enjoining them to apply Untraced Uninsured and dependent on Uninsured and predict. risk is less than previously thought.
costs of up to £25m from Drivers Agreement correctly. Invitation to Untraced Drivers number of Untraced Depends on Likeliest scencanio is around 5,000
the Carswell case , which Carswell to settle on a "drop hands" basis. Agreements to new cases Drivers probability of cases claimity costs of £5000 each on
is challenging a cap on ensure that they being brought Agreements is success in the average, giving £25m.
the claimant's legal costs fully reflect EU law. if Carswell 0.5 PB4 FTE. Carwell case.
imposed under the 2003 judgment Defending If we won this
Untraced Drivers goes against litigation has case, then after
Agreement between the Department cost £20k and the Review of
Department and the MIB. mounting. the Drivers'
agreements the
risk of litigation
should be
significantly

TLLS
reduced.
4 4 16 3 4 12 ò

TLLS-02 EU European Commission
initiatives proposals for new EU
legislation do not take full
account of impacts of
costs and benefits or UK
Government prioities and
impose inappropriate cost
burdens on Dept and/or
UK industry (this is most
likely in relation to EU
Proposal EU/other Vivien Maintain contacts with Commission and other Arranging meetings This will require European advice to
expected Government Bodnar Member States to identify likely future legislation with relevant quantify this.
in Spring Departments and try to ensure that it reflects UK objectives Commission heads
2011 - and views. Build and maintain relationships with of unit to discuss,
with other Member States and key MEPs in order to inter alia
lengthy influence any changes. Involvement on Expert commission work
negotiatio Study Groups. on MOT tests and
ns to passenger bus
follow routes. Meetings
(anticipate held regularly with

TLLS
proposals for next
generation of digital
d to last
over 12
5 4 20 4 3 12 ó DG MOV on
drivers' hours,
tachographs). months). tachographs and
other FLD interests.

TLLS-03 EU DfT, N Ireland or Gibraltar Initially Legal & Vivien Work closely with relevant agencies to ensure Managing the £11m pa Up to £4.8m £11m pa (2014/15
Financial
on) impact of project failure may
infractions government fail to late 2010. Compliance Bodnar that there is an agreed programme for implementation of (2013/14 on) not change. However, the mitigation
implement EU access to Also Dec implementation for each piece of legislation, with the EU Access to may delay onset of impact (could be
the market and 2011; milestones. Monitor progress and escalate to the Operator any time delay from 3 months to 3
occupation or working second Group, Board or Ministerial level if necessary. Regulation (where years - have used a 12 month delay in
timelegislation on time, stage end Maintain regular contact with EU on interpretation VOSA needs to impact on residual. This is European
leading to infraction 2012 of requirements. Understand which other member amend its systems advice.
proceedings by European states may not comply (which may result in and procedures
Commission and a fine on defered complience from EU). Improved internally) is
UK Government (possibly governance of main delivery project at VOSA revamped under a
DfT). (This is most likely in agreed. Process agreed with Gibraltar on new management

TLLS
relation to working time,
delivering professional
5 4 20 database availablility. Costs reducing as a result
of project splitting. Ministers made aware of
4 3 12 ò structure. Agree
with all external
competence (CPC) dangers / cost of infraction regarding failure to bodies exact
certificates by December take action in relation to inclusion of self- solution.
2011 and inter-connected employed.
operator licensing -post
2012)

TLLS-04 Future Spending review At least Capacity to Vivien Detailed evidence on SEB and freight grants £53m £20m MSRS £0 The risk of £53m of contingent liability
funding decisions leads to 2010/11- Deliver Bodnar impacts developed and submitted as part of SR (2012/13) budget for materialising has been shifted from
availability stakeholder criticism and 2014/15 Business process so that implications of decisions are each of 2011/12 to 2012/13 by Chief
reputational damage to Objectives/ clear. 2010/11 and Secretary/SoS decision to award
the Department (most Financial 2011/12 grant funding of up to £20m for
likely in relation to 2011/12,
enforcement or freight
grant funding) or to
commercial decisions

TLLS
driven by short term
funding pressures with
4 5 20 4 3 12 ò
wider consequences
(such as closure of
strategically important rail
freight terminals or
triggering a contingent
liability).

TLLS - 05 GCDA is not able to Septembe Reputational Nick Close oversight of and input into preparations for Early review of new
GCDA review implement the new r 2010 - Denton new Ministerial car pool service. Leading service
Ministerial Car Pool 2011 discussions with Private Offices, development of
Service on 6 September charging regime and SLAs, user testing of
TLLS
leading to reputational booking systems and guides.
damage for the
Department and to
5 4 20 5 3 15 ñ
reactive decisions on the
future of the government
car service