Responsibility for reserved powers in Scotland
Standard Note:
SN/PC/06322
Last updated:
10 May 2012
Author:
Mark Sandford
Section
Parliament and Constitution Centre
The process of devolution to the Scottish Parliament, through the Scotland Acts of 1998 and
2012, established that all powers would be devolved to the Scottish Parliament except for
those listed as reserved under the Acts.
The purpose of this Standard Note is to list which UK government departments are
responsible for the matters which are reserved to the UK Parliament under the Acts of 1998
and 2012. It is not intended as a reference sheet for all reserved powers.
This information is provided to Members of Parliament in support of their parliamentary duties
and is not intended to address the specific circumstances of any particular individual. It should
not be relied upon as being up to date; the law or policies may have changed since it was last
updated; and it should not be relied upon as legal or professional advice or as a substitute for
it. A suitably qualified professional should be consulted if specific advice or information is
required.
This information is provided subject to our general terms and conditions which are available
online or may be provided on request in hard copy. Authors are available to discuss the
content of this briefing with Members and their staff, but not with the general public.
Contents
1 Introduction
3 2 Reserved powers
4 2.1 The constitution
4 2.2 Head A – Financial and Economic Matters
6 2.3 Head B – Home Affairs
7 2.4 Head C – Trade and Industry
10 2.5 Head D - Energy
13 2.6 Head E - Transport
14 2.7 Head F – Social Security
17 2.8 Head G – Regulation of the professions
19 2.9 Head H - Employment
20 2.10 Head J – Health and medicines
21 2.11 Head K – Media and Culture
22 2.12 Head L - Miscellaneous
23 2
1
Introduction
The Scotland Act 1998 defined the powers of the Scottish Parliament ‘negatively’ – i.e. it
reserved certain matters to the control of the UK government, and passed responsibility for
the rest over to the Scottish Parliament. The reserved matters were listed in Schedule 5 of
the Act. Some adjustments were made to the 1998 Act by the Scotland Act 2012. The
purpose of this Standard Note is to list which UK government departments are responsible
for the matters which are reserved to the UK Parliament under the 1998 and 2012 Acts.
The table in this Note does not list the many exceptions to reserve powers that are listed in
Schedule 5, except where necessary to clarify the items that are included. This note should
therefore not be used as an exact guide to which powers are reserved to the UK Parliament,
but as a guide to where within the UK government the responsibilities for the powers lie.
Additionally, Schedule 5 refers occasionally to powers or Acts that have been repealed since
1998. To check whether a specific power is devolved or reserved, the Scotland Act 1998, as
amended, should be consulted. An updated explanatory note to the Act is also available.
Reserved matters are not presented in a standard way within the 1998 Act. They may be
presented either by referring to Acts the content of which is reserved; or to policy areas
which are reserved. This reflects the fact that, due to the basis of the UK’s uncodified
constitution in common law, there are areas of Government responsibility that are not set out
in statute. Where Schedule 5 refers to ‘the subject-matter of …. Act’, a brief description is
provided of the subject matter of the Act. This description should not be relied upon as being
comprehensive, as many of the Acts whose subject matter is reserved are extensive in their
coverage.
Additionally, some of the sections in Schedule 5 mention exceptions to areas of power that
are mainly reserved – i.e. specific powers that are devolved are listed. These exceptions are
noted in the table.
The note organises reserved powers by Government department. They are not set out in an
identical order to Schedule 5. A reference is provided, for each power, to the section number
within Schedule 5.
3
2
Reserved powers
2.1
The constitution
Few of the items listed under this head can be considered to be ‘the responsibility’ of a
particular government department as such, as they are the building blocks of the British
constitution and rarely require policy interventions in themselves. If a dispute or challenge
arose involving any of them, it would be dealt with at the highest levels of government; the
administration of the Government response to such a dispute would almost certainly be
handled the Prime Minister’s office or the Cabinet Office.
Reserved matter
Section
Department
of state
The Crown, including succession to the
Crown and a regency
The Union of the Kingdoms of Scotland
and England
The Parliament of the United Kingdom
The continued existence of the High
Court of Justiciary as a criminal court of
first instance and of appeal
The continued existence of the Court of
Session as a civil court of first instance
and of appeal
This section does not include:
The Royal Prerogative and other
executive functions
Functions exercisable by any person
acting on behalf of the Crown
Any office in the Scottish Administration
Property belonging to Her Majesty in
right of the Crown or belonging to any
person acting on behalf of the Crown or
held in trust for Her Majesty for the
purposes of any person acting on behalf
of the Crown.
The use of the Scottish Seal
Property held by Her Majesty in Her
private capacity
The ultimate superiority of the Crown or
the superiority of the Prince and Steward
of Scotland
(2)Sub-paragraph (1) [the exceptions
above] does not affect the reservation by
paragraph 1 of honours and dignities, or
the functions of the Lord Lyon King of
Arms so far as relating to the granting of
arms; but this sub-paragraph does not
apply to the Lord Lyon King of Arms in
his judicial capacity
The management (in accordance with
I1
Cabinet Office
I1
Cabinet Office
I1
I1
Cabinet Office
Cabinet Office
I1
Ministry of
Justice
Description
I2/I3
I2
Royal
Household
I1/I2
HM Treasury
4
The Lord Lyon King
of Arms is the
heraldic authority for
Scotland and may,
in his judicial
capacity, prosecute
for unauthorised use
of coats of arms
any enactment regulating the use of
land) of the Crown Estate (though under
the 2012 Act a Crown Estate
Commissioner for Scotland will be
appointed)
The functions of the Security Service, the
Secret Intelligence Service and the
Government Communications
Headquarters.
The functions exercisable through the
Export Credits Guarantee Department
The hereditary revenues of the Crown,
other than revenues from bona vacantia,
ultimus haeres and treasure trove
The royal arms and standard
The compulsory acquisition of property
held or used by a Minister of the Crown
or government department
The subject-matter of the Crown Private
Estates Acts 1800 to 1873
The registration and funding of political
parties
Except payments to parties for assisting
MSPs with their parliamentary duties
International relations, including relations
with territories outside the United
Kingdom, the European Communities
(and their institutions) and other
international organisations, regulation of
international trade, and international
development assistance and cooperation.
The Civil Service of the State
The defence of the realm
The naval, military or air forces of the
Crown, including reserve forces
Visiting forces
International headquarters and defence
organisations
Trading with the enemy and enemy
property
Treason (including constructive treason),
treason felony and misprision of treason
I2
Cabinet Office
I1/I2
BIS
I3
N/a
I3
Royal
Household
Royal
Household
I3
I4
I6
Ministry of
Justice
Cabinet Office
I7
FCO
I8
I9
I9
Cabinet Office
Defence
Defence
I9
I9
Defence
Defence
I9
Defence
I 10
Justice
5
ECGD is a nonministerial
department
2.2
Head A – Financial and Economic Matters
Reserved matter
Section
Department
of state
Fiscal, economic and monetary policy
Except local taxes, Scottish taxes and
borrowing powers devolved under the
2012 Act
Currency: coinage, legal tender and
bank notes
Financial services, including investment
business, banking and deposit-taking,
collective investment schemes and
insurance
Financial markets, including listing and
public offers of securities and
investments, transfer of securities and
insider dealing
Money laundering
A1
HM Treasury
A2
HM Treasury
A3
HM Treasury
A4
HM Treasury
A5
Home Office
6
Description
2.3
Head B – Home Affairs
Reserved matter
Section Department
of state
Description
The subject-matter of (a) the Misuse
of Drugs Act 1971,
Except licensing of doctors to supply
certain drugs used to treat drug
addiction
The subject-matter of (b) sections 12
to 14 of the Criminal Justice
(International Co-operation) Act 1990
(substances useful for manufacture
of controlled drugs), and
The subject-matter of (c) Part V of
the Criminal Law (Consolidation)
(Scotland) Act 1995 (drug trafficking)
and, so far as relating to drug
trafficking, the Proceeds of Crime
(Scotland) Act 1995.
The subject-matter of the Data
Protection Act 1998
The subject-matter of Council
Directive 95/46/EC
II 3 B1
Home Office
Sets
up
the
legal
framework controlling and
classifying illegal drugs
II 3 B1
Home Office
Regulations about drugs;
proceeds of drugtrafficking
II 3 B1
Home Office
Drug trafficking
1995 Act now repealed
II 3 B2
Justice
II 3 B2
Justice
Sets up the UK’s data
protection regime
EU directive on the
protection of individuals
with regard to the
processing of personal
data and on the free
movement of such data
Elections for membership of the
House of Commons, the European
Parliament and the Parliament,
including the subject-matter of the
following so far as they apply in
respect of such membership — (but
not including the administration of
elections to the Scottish Parliament)
(a) the European Parliamentary
Elections Act 2002.
II 3 B3
Cabinet
Office
II 3 B3
Cabinet
Office
(b) the Representation of the People
Act 1983 and the Representation of
the People Act 1985
II 3 B3
Cabinet
Office
(c) the Parliamentary Constituencies
Act 1986
II 3 B3
Cabinet
Office
7
Act consolidating all
legislation on European
Parliamentary elections.
1983: Act consolidating
many previous
Representation of the
People acts and
provisions
1985: various
representation items. Also
see Representation of the
People Act 2000;
Electoral Administration
Act 2006
Sets up constituencies
and the Boundary
Commissions regime.
The franchise at local government
elections
The subject-matter of the Firearms
Acts 1968 to 1997, except air
weapons as defined in s1(3)(b) of the
1968 Act
The subject-matter of (a) the Video
Recordings Act 1984, and
II 3 B3
Justice
II 3 B4
Home Office
Firearms licensing,
prohibition, trading and
connected penalties
II 3 B5
DCMS
The subject-matter of (b) sections 1
to 3 and 5 to 16 of the Cinemas Act
1985 (control of exhibitions)
II 3 B5
DCMS
The classification of films for public
exhibition by reference to their
suitability for viewing by persons
generally or above a particular age,
with or without any advice as to the
desirability of parental guidance
Nationality; immigration, including
asylum and the status and capacity
of persons in the United Kingdom
who are not British citizens; free
movement of persons within the
European Economic Area; issue of
travel documents
The subject-matter of the Animals
(Scientific Procedures) Act 1986
II 3 B5
DCMS
The classification
certificates regime for
videos (handled by British
Board of Film
Classification)
S1-3: licensing of
cinemas, provisions for
enforcing age restrictions,
exemptions; powers of
entry, arrest, seizure
British Board of Film
Classification
II 3 B6
Home Office
UK Border Agency
II 3 B7
Home Office
Regulation of scientific
procedures on animals;
licences; designated
establishments; killing of
used animals; inspection;
Animal Procedures
Committee
National security, interception of
communications, official secrets and
terrorism
Interception of communications
The subject matter of Part III of the
Police Act 1997 (authorisation to
interfere with property etc.) or
surveillance not involving
interference with property
The subject-matter of the Official
Secrets Acts 1911 and 1920
II 3 B8
Home Office
II 3 B8
II 3 B8
Home Office
Home Office
II 3 B8
Justice
II 3 B8
Justice
The subject-matter of the Official
Secrets Act 1989, except so far as
relating to any information, document
or other article protected against
disclosure by section 4(2) (crime)
8
Spying, search warrants,
access to certain
Government property
Definition of official
secrets and duty to
maintain them. Exclusion
relates to release of
information leading to
and not by any other provision of
sections 1 to 4.
Special powers, and other special
provisions, for dealing with terrorism
Betting, gaming and lotteries
Emergency powers
Extradition
Lieutenancies
Public access to information held by
public bodies or holders of public
offices (including government
departments and persons acting on
behalf of the Crown)
crimes being committed
II 3 B8
Home Office
II 3 B9
II 3 B10
II 3 B11
II 3 B12
DCMS
Home Office
Home Office
Cabinet
Office
Justice
II 3 B13
9
2.4
Head C – Trade and Industry
Reserved matter
Section
Department
of state
The creation, operation, regulation and
dissolution of types of business
association.
In relation to business associations, the
modes of, the grounds for and the
general legal effect of winding up, and the
persons who may initiate winding up
In relation to business associations,
liability to contribute to assets on winding
up
In relation to business associations,
powers of courts in relation to
proceedings for winding up, other than
the power to sist proceedings
In relation to business associations,
arrangements with creditors
In relation to business associations,
procedures giving protection from
creditors
Preferred or preferential debts for the
purposes of the Bankruptcy (Scotland)
Act 1985, the Insolvency Act 1986, and
any other enactment relating to the
sequestration of the estate of any person
or to the winding up of business
associations, the preference of such
debts against other such debts and the
extent of their preference over other types
of debt
Regulation of insolvency practitioners
Co-operation of insolvency courts
Competition
Regulation of anti-competitive practices
and agreements; abuse of dominant
position; monopolies and mergers
Intellectual property
The subject-matter of the Import, Export
and Customs Powers (Defence) Act 1939
Prohibition and regulation of the import
and export of endangered species of
animals and plants
Regulation of sea fishing outside the
Scottish zone (except in relation to
Scottish fishing boats)
Regulation of the sale and supply of
goods and services to consumers
Regulation of guarantees in relation to
II 3 C1
BIS
II 3 C2
BIS
II 3 C2
BIS
II 3 C2
BIS
II 3 C2
BIS
II 3 C2
BIS
II 3 C2
BIS
II 3 C2
II 3 C2
II 3 C3
II 3 C3
BIS
BIS
BIS
BIS
II 3 C4
II 3 C5
BIS
BIS
II 3 C5
DEFRA
Ii 3 C6
DEFRA
II 3 C7
BIS
II 3 C7
BIS
10
Description
Import and export of
goods, related fees
such goods and services
Regulation of hire-purchase, including the
subject-matter of Part III of the HirePurchase Act 1964
Regulation of trade descriptions, except
in relation to food
Regulation of misleading and
comparative advertising, except
regulation specifically in relation to food,
tobacco and tobacco products
Regulation of price indications
Regulation of trading stamps
Regulation of auctions and mock auctions
of goods and services
Regulation of hallmarking and gun barrel
proofing
Safety of, and liability for, services
supplied to consumers
The subject-matter of the Hearing Aid
Council Act 1968
II 3 C7
BIS
II 3 C7
BIS
II 3 C7
BIS
II 3 C7
II 3 C7
II 3 C7
BIS
BIS
BIS
II 3 C7
BIS
II 3 C7
BIS
II 3 C7
BIS
The subject-matter of the Unsolicited
Goods and Services Acts 1971 and 1975
The subject-matter of Parts I to III and XI
of the Fair Trading Act 1973
II 3 C7
BIS
II 3 C7
BIS
The subject-matter of the Consumer
Credit Act 1974
II 3 C7
BIS
The subject-matter of the Estate Agents
Act 1979
II 3 C7
BIS
The subject-matter of the Timeshare Act
1992
II 3 C7
BIS
The subject-matter of the Package
Travel, Package Holidays and Package
Tours Regulations 1992
II 3 C7
BIS
The subject-matter of the Commercial
Agents (Council Directive) Regulations
1993
II 3 C7
BIS
Technical standards and requirements in
relation to products in pursuance of an
obligation under Community law
II 3 C8
BIS
11
Specific provisions
around sale of hired
vehicles
Regulation and
training of providers
of hearing aids
Rights of recipients
of unsolicited goods
Consumer protection,
Monopolies and
Mergers
Commission, pyramid
selling
Consumer credit
agreements and their
enforcement,
regulation and
licensing, Office of
Fair Trading
Regulation of estate
agencies, including
client monies
Regulation of
timeshare contracts
and financial
arrangements
SI 1992/3288,
applying European
consumer protection
law on these matters
SI 1993/3053,
regulating
commercial agents’
contracts, payments,
and mutual
obligations
The national accreditation body and the
accreditation of bodies which certify or
assess conformity to technical standards
in relation to products or environmental
management systems
Product safety and liability
Product labelling
In relation to food safety, materials which
come into contact with food
Regulation of trade so far as involving
weighing, measuring and quantities
Telecommunications and wireless
telegraphy
Internet services
Electronic encryption
The subject-matter of Part II of the
Wireless Telegraphy Act 1949
II 3 C8
BIS
II 3 C8
II 3 C8
II 3 C8
BIS
BIS
Health
II 3 C9
BIS
II 3 C10
BIS
II 3 C10
II 3 C10
II 3 C10
BIS
BIS
BIS
The subject matter of the Postal Services
Act 2000
II 3 C11
BIS
Research Councils within the meaning of
the Science and Technology Act 1965
The subject-matter of section 5 of that Act
(funding of scientific research) so far as
relating to Research Councils
The Arts and Humanities Research
Council within the meaning of Part 1 of
the Higher Education Act 2004; the
subject-matter of section 10 of the 1965
Act (research in arts and humanities) so
far as relating to that Council
The subject-matter of section 1 of the
Industrial Development Act 1982
Industrial Development Advisory Board
The subject-matter of section 2 of the
Emergency Laws (Re-enactments and
Repeals) Act 1964
II 3 C12
BIS
II 3 C12
BIS
II 3 C12
BIS
II 3 C13
BIS
II 3 C14
II 3 C15
BIS
BIS
The subject-matter of Part II of the
Industry Act 1975
II 3 C15
BIS
The subject-matter of the Protection of
Trading Interests Act 1980
II 3 C15
BIS
12
BIS
Regulations on
equipment and
disturbance relating
to electromagnetic
energy
Subject matter of the
Act as originally
made
Assisted areas /
development areas
Prohibition of actions
damaging to
economic position of
United Kingdom
Powers in relation to
transfer of control of
‘important
manufacturing
undertakings’
Protective measures
against laws of other
countries impinging
upon UK economic
interests
2.5
Head D - Energy
Reserved matter
Section
Department Description
of state
Generation, transmission, distribution
and supply of electricity
The subject-matter of Part II of the
Electricity Act 1989
II 3 D1
DECC
II 3 D1
DECC
The ownership of, exploration for and
exploitation of deposits of oil and natural
gas
The subject-matter of section 1 of the
Mineral Exploration and Investment
Grants Act 1972 (contributions in
connection with mineral exploration) so
far as relating to exploration for oil and
gas
Offshore installations and pipelines
The subject-matter of the Pipe-lines Act
1962 (including section 5 (deemed
planning permission)) so far as relating
to pipelines within the meaning of section
65 of that Act
The application of Scots law and the
jurisdiction of the Scottish courts in
relation to offshore activities
Pollution relating to oil and gas
exploration and exploitation, but only
outside controlled waters (within the
meaning of section 30A(1) of the Control
of Pollution Act 1974)
The subject-matter of Part II of the Food
and Environment Protection Act 1985 so
far as relating to oil and gas exploration
and exploitation, but only in relation to
activities outside such controlled waters
Restrictions on navigation, fishing and
other activities in connection with
offshore activities
Liquefaction of natural gas
The conveyance, shipping and supply of
gas through pipes
Coal, including its ownership and
exploitation, deep and opencast coal
mining and coal mining subsidence
Nuclear safety, security and safeguards
Liability for nuclear occurrences
Energy conservation: the subject-matter
of the Energy Act 1976, other than
section 9
II 3 D2
DECC
II 3 D2
DECC
II 3 D2
II 3 D2
DECC
DECC
II 3 D2
DECC
II 3 D2
DECC
II 3 D2
DECC
II 3 D2
DECC
II 3 D2
II 3 D2
DECC
DECC
II 3 D3
DECC
II 3 D4
II 3 D4
II 3 D5
DECC
DECC
DECC
13
Details of the
privatisation process
and resulting structure
of the industry.
Grants for mineral
exploration.
Construction, records,
safety, of (on-shore)
pipelines, compulsory
purchase provisions
Depositing and
incinerating
substances and items
at sea, licensing,
testing of items.
Section 9 covers liquid
methane and ethane
2.6
Head E - Transport
Reserved matter
Section
Department Description
of state
The subject-matter of the Motor Vehicles
(International Circulation) Act 1952,
II 3 E1
DfT
The subject-matter of the Public
Passenger Vehicles Act 1981 and the
Transport Act 1985, so far as relating to
public service vehicle operator licensing
II 3 E1
DfT
The subject-matter of section 17 (traffic
regulation on special roads), section 25
(pedestrian crossings), and Part V (traffic
signs) of the Road Traffic Regulation Act
1984
The subject matter of the Road Traffic Act
1988 and the Road Traffic Offenders Act
1988, except blood alcohol limits for
drivers
II 3 E1
DfT
II 3 E1
DfT
The subject-matter of the Vehicle Excise
and Registration Act 1994
The subject-matter of the Road Traffic
(New Drivers) Act 1995
The subject-matter of the Goods Vehicles
(Licensing of Operators) Act 1995
Regulation of proper hours or periods of
work by persons engaged in the carriage
of passengers or goods by road
The conditions under which international
road transport services for passengers or
goods may be undertaken
Regulation of the instruction of drivers of
motor vehicles
Provision and regulation of railway
services
Rail transport security
The subject-matter of the Channel Tunnel
Act 1987
II 3 E1
DfT
II 3 E1
DfT
II 3 E1
DfT
II 3 E1
DfT
II 3 E1
DfT
II 3 E1
DfT
II 3 E2
DfT
II 3 E2
II 3 E2
DfT
DfT
II 3 E2
DfT
The subject-matter of the Railway
Heritage Act 1996
14
Licensing and
taxation of foreign
vehicles
Regulation of public
service vehicles
(ambulances, fire
engines etc);
Bus privatisation and
aspects of financial
support; some
aspects of taxi
regulation
Drink-driving, road
safety, vehicle
construction, driver
licensing, driver
instruction, HGV
instruction; trial,
sentencing and fixed
penalties for road
traffic offenders
Registration and
taxation of vehicles
Probation period for
new drivers
Licensing of operators
of goods vehicles
Construction and
operation of Channel
Tunnel
Preservation of
railway artefacts and
records
The subject-matter of the Coastguard Act
1925
The subject-matter of the Hovercraft Act
1968, except so far as relating to the
regulation of noise and vibration caused
by hovercraft
The subject-matter of the Carriage of
Goods by Sea Act 1971
The subject-matter of section 2 of the
Protection of Wrecks Act 1973
(prohibition on approaching dangerous
wrecks)
The subject-matter of the Merchant
Shipping (Liner Conferences) Act 1982
The subject-matter of the Dangerous
Vessels Act 1985
The subject-matter of the Aviation and
Maritime Security Act 1990, other than
Part I (aviation security)
The subject-matter of the Carriage of
Goods by Sea Act 1992
The subject-matter of the Merchant
Shipping Act 1995
The subject-matter of the Shipping and
Trading Interests (Protection) Act 1995
The subject-matter of sections 24
(implementation of international
agreements relating to protection of
wrecks), 26 (piracy) and 27 and 28
(international bodies concerned with
maritime matters) of the Merchant
Shipping and Maritime Security Act 1997
Navigational rights and freedoms
Financial assistance for shipping services
which start or finish or both outside
Scotland
Regulation of aviation and air transport,
including the subject-matter of—
(a) the Carriage by Air Act 1961
(b) the Carriage by Air (Supplementary
Provisions) Act 1962
(c) the Carriage by Air and Road Act 1979
so far as relating to carriage by air
(d) the Civil Aviation Act 1982
(e) the Aviation Security Act 1982
(f) the Airports Act 1986
(g) sections 1 (endangering safety at
aerodromes) and 48 (powers in relation to
certain aircraft) of the Aviation and
Maritime Security Act 1990
Arrangements to compensate or
repatriate passengers in the event of an
air transport operator’s insolvency
II 3 E3
DfT
II 3 E3
DfT
II 3 E3
DfT
II 3 E3
DfT
II 3 E3
DfT
II 3 E3
DfT
II 3 E3
DfT
II 3 E3
DfT
II 3 E3
DfT
II 3 E3
DfT
II 3 E3
DfT
II 3 E3
II 3 E3
DfT
DfT
II 3 E4
DfT
II 3 E4
II 3 E4
DfT
DfT
II 3 E4
DfT
II 3 E4
II 3 E4
II 3 E4
II 3 E4
DfT
DfT
DfT
DfT
II 3 E4
DfT
15
Transport of radioactive material
Technical specifications for public
passenger transport for disabled persons,
including the subject-matter of—
(a) section 125(7) and (8) of the Transport
Act 1985 (Secretary of State’s guidance
and consultation with the Disabled
Persons Transport Advisory Committee)
(b) Part V of the Disability Discrimination
Act 1995 (public transport)
Regulation of the carriage of dangerous
goods
II 3 E5
II 3 E5
DfT
DfT
II 3 E5
DfT
II 3 E5
DfT
II 3 E5
DfT
16
2.7
Head F – Social Security
Reserved matter
Section
Department Description
of state
Schemes supported from central or local
funds which provide assistance for social
security purposes to or in respect of
individuals by way of benefits requiring
persons to
(a) establish and administer schemes
providing assistance for social security
purposes to or in respect of individuals, or
(b) make payments to or in respect of
such schemes
and to keep records and supply
information in connection with such
schemes.
The circumstances in which a person is
liable to maintain himself or another for
the purposes of the enactments relating
to social security and the Child Support
Acts 1991 and 1995
The subject-matter of the Vaccine
Damage Payment Scheme
The subject-matter of the Child Support
Acts 1991 and 1995
The regulation of occupational pension
schemes and personal pension schemes,
including the obligations of the trustees or
managers of such schemes
Provision about pensions payable to, or
in respect of, any persons, except—
(a) the persons referred to in section
81(3)
(b) in relation to a Scottish public
authority with mixed functions or no
reserved functions, persons who are or
have been a member of the public body,
the holder of the public office, or a
member of the staff of the body, holder or
office
The subject-matter of the Pensions
(Increase) Act 1971
Schemes for the payment of pensions
which are listed in Schedule 2 to that Act,
except those mentioned in paragraphs
38A and 38AB
Where pension payable to or in respect of
any class of persons under a public
service pension scheme is covered by
this reservation, so is making provision in
their case—
II 3 F1
DWP
II 3 F1
DWP
II 3 F1
DWP
II 3 F1
DWP
II 3 F1
DWP
II 3 F1
Health
II 3 F2
DWP
II 3 F3
DWP
II 3 F3
DWP
II 3 F3
DWP
II 3 F3
DWP
II 3 F3
DWP
II 3 F3
DWP
II 3 F3
DWP
17
(a) for compensation for loss of office or
employment, for their office or
employment being affected by
constitutional changes, or circumstances
arising from such changes, in any
territory or territories or for loss or
diminution of emoluments, or
(b) for benefits in respect of death or
incapacity resulting from injury or disease
Schemes for the payment of pensions for
or in respect of persons who have a
disablement or have died in consequence
of service as members of the armed
forces of the Crown
The subject-matter of any scheme under
the Personal Injuries (Emergency
Provisions) Act 1939, sections 3 to 5 and
7 of the Pensions (Navy, Army, Air Force
and Mercantile Marine) Act 1939 or
section 1 of the Polish Resettlement Act
1947
II 3 F3
DWP
II 3 F3
DWP
II 3 F4
Defence
II 3 F4
Defence
18
2.8
Head G – Regulation of the professions
Reserved matter
Section
Department Description
of state
Regulation of the profession of architect
Regulation of the health professions
Regulation of the profession of auditor
II 3 G1
II 3 G2
II 3 G3
CLG
Health
BIS
19
2.9
Head H - Employment
Reserved matter
Section
Department Description
of state
Employment rights and duties and
industrial relations, including the subjectmatter of—
(a) the Employers’ Liability (Compulsory
Insurance) Act 1969
(b) the Employment Agencies Act 1973
(c) the Pneumoconiosis etc. (Workers’
Compensation) Act 1979
(d) the Transfer of Undertakings
(Protection of Employment) Regulations
1981
(e) the Trade Union and Labour Relations
(Consolidation) Act 1992
(f) the Employment Tribunals Act 1996
(g) the Employment Rights Act 1996
(h) the National Minimum Wage Act 1998
Exceptions:
The subject-matter of the Agricultural
Wages (Scotland) Act 1949
The subject-matter of part I of the Health
and Safety at Work etc. Act 1974
The Health and Safety Commission, the
Health and Safety Executive and the
Employment Medical Advisory Service
The subject-matter of the Disabled
Persons (Employment) Act 1944
The subject-matter of the Employment
and Training Act 1973, except so far as
relating to training for employment
II 3 H1
DWP
II 3 H1
DWP
II 3 H1
II 3 H1
DWP
DWP
II 3 H1
DWP
II 3 H1
DWP
II 3 H1
II 3 H1
II 3 H1
II 3 H1-3
DWP
DWP
DWP
DWP
20
2.10
Head J – Health and medicines
Reserved matter
Section
Department Description
of state
Abortion
Xenotransplantation
Surrogacy arrangements, within the
meaning of the Surrogacy Arrangements
Act 1985, including the subject-matter of
that Act
The subject-matter of the Human
Fertilisation and Embryology Act 1990
Human genetics
The subject-matter of the Medicines Act
1968, the Marketing Authorisations for
Veterinary Medicinal Products Regulations
1994 and the Medicines for Human Use
(Marketing Authorisations Etc.)
Regulations 1994
The subject-matter of the Poisons Act 1972
The subject-matter of the Biological
Standards Act 1975
Regulation of prices charged for medical
supplies or medicinal products which (in
either case) are supplied for the purposes
of the health service established under
section 1 of the National Health Service
(Scotland) Act 1978
Schemes made by regulations under
section 13 of the Social Security Act 1988
(schemes for distribution of welfare foods)
II 3 J1
II 3 J2
II 3 J3
Health
Health
Health
II 3 J3
Health
II 3 J3
II 3 J4
Health
Health
II 3 J4
II 3 J4
Health
Health
II 3 J4
Health
II 3 J5
Health
21
2.11
Head K – Media and Culture
Reserved matter
Section
Department Description
of state
The subject-matter of the Broadcasting
Act 1990 and the Broadcasting Act 1996
The British Broadcasting Corporation
The subject-matter of the Public Lending
Right Act 1979
The subject-matter of sections 16 and
16A of the National Heritage Act 1980
(public indemnities for objects on loan to
museums, art galleries, etc.)
The subject-matter of sections 8 and 9 of
the National Heritage Act 1980
(payments to Inland Revenue in respect
of property accepted in satisfaction of tax,
and disposal of such property)
II 3 K1
DCMS
II 3 K1
II 3 K2
DCMS
DCMS
II 3 K3
DCMS
II 3 K4
HMT
22
Government
indemnities for
objects on loan to
museums etc.
2.12
Head L - Miscellaneous
Reserved matter
Section
Department Description
of state
Determination of the remuneration of—
(a) judges of the Court of Session
(b) sheriffs principal and sheriffs
(c) members of the Lands Tribunal for
Scotland
(d) the Chairman of the Scottish Land
Court
Equal opportunities, including the
subject-matter of—
II 3 L1
II 3 L1
II 3 L1
II 3 L1
Justice
Justice
Justice
Justice
II 3 L1
Justice
II 3 L2
Government
Equalities
Office
(a) the Equal Pay Act 1970
(b) the Sex Discrimination Act 1975
(c) the Race Relations Act 1976
(d) the Disability Discrimination Act 1995
Control of nuclear, biological and
chemical weapons and other weapons of
mass destruction
The subject-matter of the Ordnance
Survey Act 1841
Timescales, time zones and the subjectmatter of the Summer Time Act 1972
The calendar; units of time; the date of
Easter
Regulation of activities in outer space
II 3 L2
II 3 L2
II 3 L2
II 3 L2
II 3 L3
Defence
II 3 L4
CLG
II 3 L5
BIS
II 3 L5
BIS
II 3 L5
BIS
23