SCHEDULES

SCHEDULE 4Enactments etc. protected from modification

Part IThe protected provisions

The law on reserved matters

2

1

An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, the law on reserved matters.

2

In this paragraph, “the law on reserved matters” means—

a

any enactment the subject-matter of which is a reserved matter and which is comprised in an Act of Parliament or subordinate legislation under an Act of Parliament, and

b

any rule of law which is not contained in an enactment and the subject-matter of which is a reserved matter,

and in this sub-paragraph “Act of Parliament” does not include this Act.

3

Sub-paragraph (1) applies in relation to a rule of Scots private law or Scots criminal law (whether or not contained in an enactment) only to the extent that the rule in question is special to a reserved matter or the subject-matter of the rule is—

a

interest on sums due in respect of taxes or excise duties and refunds of such taxes or duties, or

b

the obligations, in relation to occupational or personal pension schemes, of the trustees or managers.

4

Sub-paragraph (3)(b) extends to cases where liabilities under orders made in matrimonial proceedings, or agreements made between the parties to a marriage, are to be satisfied out of assets of the scheme.