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.