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SCHEDULES

Section 30.

SCHEDULE 5U.K. Reserved matters

Part IU.K. General reservations

The ConstitutionU.K.

1U.K.The following aspects of the constitution are reserved matters, that is—

(a)the Crown, including succession to the Crown and a regency,

(b)the Union of the Kingdoms of Scotland and England,

(c)the Parliament of the United Kingdom,

(d)the continued existence of the High Court of Justiciary as a criminal court of first instance and of appeal,

(e)the continued existence of the Court of Session as a civil court of first instance and of appeal.

2(1)Paragraph 1 does not reserve—U.K.

(a)Her Majesty’s prerogative and other executive functions,

(b)functions exercisable by any person acting on behalf of the Crown, or

(c)any office in the Scottish Administration.

(2)Sub-paragraph (1) 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.

(3)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate.

(4)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.

[F1(5)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions exercisable through the Export Credits Guarantee Department.]

Textual Amendments

F1Sch. 5 Pt. I para. 2(5) inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 3; S.I. 1998/3178, art. 3

3(1)Paragraph 1 does not reserve 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.U.K.

(2)Paragraph 1 does not reserve the ultimate superiority of the Crown or the superiority of the Prince and Steward of Scotland.

(3)Sub-paragraph (1) does not affect the reservation by paragraph 1 of—

(a)the hereditary revenues of the Crown, other than revenues from bona vacantia, ultimus haeres and treasure trove,

(b)the royal arms and standard,

(c)the compulsory acquisition of property held or used by a Minister of the Crown or government department.

4(1)Paragraph 1 does not reserve property held by Her Majesty in Her private capacity.U.K.

(2)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1873.

5U.K.Paragraph 1 does not reserve the use of the Scottish Seal.

[F25A.(1)Paragraph 1 does not reserve a referendum on the independence of Scotland from the rest of the United Kingdom if the following requirements are met.U.K.

(2)The date of the poll at the referendum must not be the date of the poll at any other referendum held under provision made by the Parliament.

(3)The date of the poll at the referendum must be no later than 31st December 2014.

(4)There must be only one ballot paper at the referendum, and the ballot paper must give the voter a choice between only two responses.]

Textual Amendments

Political partiesU.K.

6U.K.The registration and funding of political parties is a reserved matter [F3but this paragraph does not reserve making payments to any political party for the purpose of assisting members of the Parliament who are connected with the party to perform their Parliamentary duties].

Textual Amendments

F3Words in Sch. 5 Pt. I para. 6 inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 2(2); S.I. 1998/3178, art. 3

Foreign affairs etc.U.K.

7(1)International relations, including relations with territories outside the United Kingdom, the [F4European Union](and their institutions) and other international organisations, regulation of international trade, and international development assistance and co-operation are reserved matters.U.K.

(2)Sub-paragraph (1) does not reserve—

(a)observing and implementing international obligations, obligations under the Human Rights Convention and obligations under [F5EU] law,

(b)assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies.

Textual Amendments

F4Words in Sch. 5 Pt. 1 para. 7(1) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 4

F5Words in Sch. 5 Pt. 1 para. 7(2)(a) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6

Public serviceU.K.

8(1)The Civil Service of the State is a reserved matter.U.K.

(2)Sub-paragraph (1) does not reserve the subject-matter of—

(a)Part I of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerks and procurators fiscal etc.),

(b)Part III of the Administration of Justice (Scotland) Act 1933 (officers of the High Court of Justiciary and of the Court of Session).

DefenceU.K.

9(1)The following are reserved matters—U.K.

(a)the defence of the realm,

(b)the naval, military or air forces of the Crown, including reserve forces,

(c)visiting forces,

(d)international headquarters and defence organisations,

(e)trading with the enemy and enemy property.

(2)Sub-paragraph (1) does not reserve—

(a)the exercise of civil defence functions by any person otherwise than as a member of any force or organisation referred to in sub-paragraph (1)(b) to (d) or any other force or organisation reserved by virtue of sub-paragraph (1)(a),

(b)the conferral of enforcement powers in relation to sea fishing.

TreasonU.K.

10U.K.Treason (including constructive treason), treason felony and misprision of treason are reserved matters.

Part IIU.K. Specific reservations

PreliminaryU.K.

1U.K.The matters to which any of the Sections in this Part apply are reserved matters for the purposes of this Act.

2U.K.A Section applies to any matter described or referred to in it when read with any illustrations, exceptions or interpretation provisions in that Section.

3U.K.Any illustrations, exceptions or interpretation provisions in a Section relate only to that Section (so that an entry under the heading “exceptions” does not affect any other Section).

ReservationsU.K.

Head A – Financial and Economic MattersU.K.

A1. Fiscal, economic and monetary policyU.K.

Section A1.

Fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.

[F6Exceptions

Devolved taxes, including their collection and management.]

Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).

Textual Amendments

F6Words in Sch. 5 Pt. II substituted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 23(5), 44(2)(b)

A2. The currencyU.K.

Section A2.

Coinage, legal tender and bank notes.

A3. Financial servicesU.K.

Section A3.

Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.

Exception

The subject-matter of section 1 of the Banking and Financial Dealings Act 1971 (bank holidays).

A4. Financial marketsU.K.

Section A4.

Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.

A5. Money launderingU.K.

Section A5.

The subject-matter of the Money Laundering Regulations 1993, but in relation to any type of business.

Head B – Home AffairsU.K.

B1. Misuse of drugsU.K.

Section B1.

The subject-matter of—

(a)

the Misuse of Drugs Act 1971,

(b)

sections 12 to 14 of the Criminal Justice (International Co-operation) Act 1990 (substances useful for manufacture of controlled drugs), and

(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.

B2. Data protectionU.K.

Section B2.

The subject-matter of—

(a)

the Data Protection Act 1998, and

(b)

Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and on the free movement of such data).

Interpretation

If any provision of the Data Protection Act 1998 is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were.

B3. ElectionsU.K.

Section B3.

[F8Interpretation

Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of the European Parliamentary Elections Act 2002; and the reference to the subject-matter of that Act is to be construed as a reference to it as at the date that Act received Royal Assent.]

Textual Amendments

F7Sch. 5 Pt. II Section B3: para. (a) substituted (24.10.2002) by European Parliamentary Elections Act 2002 (c. 24), s. 15 {Sch. 3 para. 7(3)}

B4. FirearmsU.K.

Section B4.

The subject-matter of the Firearms Acts 1968 to 1997.

[F9Exception

The regulation of air weapons within the meaning given by section 1(3)(b) of the Firearms Act 1968 (which is subject to the following which remain powers of the Secretary of State—

(a)

the power to make rules under section 53 of that Act for the purposes of that provision (specially dangerous weapons requiring firearms certificate), and

(b)

the power to make an order under section 1(4) of the Firearms (Amendment) Act 1988 (specially dangerous weapons to be prohibited)).]

Textual Amendments

F9Words in Sch. 5 Pt. II inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 10, 44(5); S.I. 2012/1710, art. 2(e)

B5. EntertainmentU.K.

Section B5.

B6. Immigration and nationalityU.K.

Section B6.

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.

B7.Scientific procedures on live animalsU.K.

Section B7.

The subject-matter of the Animals (Scientific Procedures) Act 1986.

B8. National security, interception of communications, official secrets and terrorismU.K.

Section B8.

[F11 Interpretation

  • “Place of detention” means a prison, young offenders institution, remand centre or legalised police cell (as those expressions are defined for the purposes of the Prisons (Scotland) Act 1989 or a hospital (within the meaning of the [F12 given in section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003]; and “person detained”, in relation to a hospital, means a person detained there[F13 under–

    (a)

    section 24, 25 or 70 of the Mental Health (Scotland) Act 1984;

    (b)

    Part 6 of the Criminal Procedure (Scotland) Act 1995;

    (c)

    the Mental Health (Care and Treatment) (Scotland) Act 2003; or

    (d)

    regulations under–

    (i)

    subsection (3) of section 116B of the Army Act 1955;

    (ii)

    subsection (3) of section 116B of the Air Force Act 1955; or

    (iii)

    section 63B of the Naval Discipline Act 1957.]

  • [F14Private telecommunication system ” has the meaning given in section 2(1) of the Regulation of Investigatory Powers Act 2000. ]]

Textual Amendments

F10Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 4(1); S.I. 1998/3178, art. 3

F12Sch. 5 Pt. II Section B8: words in definition of "Place of detention" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(2)

F13Sch. 5 Pt. II Section B8: words in definition of "person detained" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(3)

F14Sch. 5 Pt.II Section B8: definition of "Private telecommunication system" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(4)

B9. Betting, gaming and lotteriesU.K.

Section B9.

Betting, gaming and lotteries.

B10. Emergency powersU.K.

Section B10.

Emergency powers.

B11. ExtraditionU.K.

Section B11.

Extradition.

B12. LieutenanciesU.K.

Section B12.

The subject-matter of the Lieutenancies Act 1997.

Access to informationU.K.

Public access to information held by public bodies or holders of public offices (including government departments and persons acting on behalf of the Crown).

Exception

Information held by–

(a)

the Parliament,

(b)

any part of the Scottish Administration,

(c)

the Parliamentary corporation,

(d)

any Scottish public authority with mixed functions or no reserved functions,

unless supplied by a Minister of the Crown or government department and held in confidence.]

Textual Amendments

F15Sch. 5 Pt. II Section B13 inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 5; S.I. 1998/3178, art. 3

Head C – Trade and IndustryU.K.

C1. Business associationsU.K.

Section C1.

The creation, operation, regulation and dissolution of types of business association.

Exceptions

The creation, operation, regulation and dissolution of—

(a)

particular public bodies, or public bodies of a particular type, established by or under any enactment, and

(b)

charities.

Interpretation

Business association” means any person (other than an individual) established for the purpose of carrying on any kind of business, whether or not for profit; and “business” includes the provision of benefits to the members of an association.

C2. InsolvencyU.K.

Section C2.

Exceptions

Interpretation

Textual Amendments

F16 Words in Sch. 5 Pt. 2 Section C2 inserted (12.4.2001) by S.I. 2001/1456 , art. 2(1)

F17 Definitions of "Social landlord", "The relevant conditions", "house" and "hostel" in Sch. 5 Pt. II Section C2 inserted (12.4.2001) by S.I. 2001/1456 , art. 2(2)

F18 Words in Sch. 5 Pt. 2 substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14) , s. 154 , Sch. 4 para. 66 (with Sch. 5 )

C3. CompetitionU.K.

Section C3.

Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.

Exception

Regulation of particular practices in the legal profession for the purpose of regulating that profession or the provision of legal services.

Interpretation

The legal profession” means advocates, solicitors and qualified conveyancers and executry practitioners within the meaning of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

C4. Intellectual propertyU.K.

Section C4.

Intellectual property.

Exception

The subject-matter of Parts I and II of the Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).

C5. Import and export controlU.K.

Section C5.

Exceptions

Prohibition and regulation of movement into and out of Scotland of—

(a)

food, animals, animal products, plants and plant products for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and

(b)

animal feeding stuffs, fertilisers and pesticides [F19(including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985)]for the purposes of protecting human, animal or plant health or the environment.

[F20Interpretation

Textual Amendments

F19 Words in Sch. 5 Pt. 2 Section C5 inserted (14.12.2000) by S.I. 2000/3252 , art. 4

C6. Sea fishingU.K.

Section C6.

Regulation of sea fishing outside the Scottish zone (except in relation to Scottish fishing boats).

Interpretation

Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging.

C7. Consumer protectionU.K.

Section C7.

Exception

The subject-matter of section 16 of the Food Safety Act 1990 (food safety and consumer protection).

Interpretation

Textual Amendments

C8. Product standards, safety and liabilityU.K.

Section C8.

Exceptions

[F25Interpretation

Textual Amendments

F22 Words in Sch. 5 Pt. 2 Section C8 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043) , arts. 3 , 6

F23 Words in Sch. 5 Pt. 2 s. C8 inserted (14.12.2000) by S.I. 2000/3252 , art. 5

F24 Words in Sch. 5 Pt. 2 Section C8 inserted (14.12.2000) by S.I. 2000/3252 , art. 4

C9. Weights and measuresU.K.

Section C9.

C10. Telecommunications and wireless telegraphyU.K.

Section C10.

Exception

The subject-matter of Part III of the Police Act 1997 (authorisation to interfere with property etc.).

[F26C11 PostsU.K.

The subject matter of the Postal Services Act 2000. Exception

Textual Amendments

F26 Sch. 5 Pt. 2 Section C11 substituted (14.12.2000) by S.I. 2000/3252 , art. 2(1)

C12. Research CouncilsU.K.

Section C12.

Interpretation

Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of section 10 of the Higher Education Act 2004; and the reference to the subject-matter of that section is to be construed as a reference to it as at the date that Act received Royal Assent.]

Textual Amendments

C13. Designation of assisted areasU.K.

Section C13.

The subject-matter of section 1 of the Industrial Development Act 1982.

C14. Industrial Development Advisory BoardU.K.

Section C14.

The Industrial Development Advisory Board.

C15. Protection of trading and economic interestsU.K.

Section C15.

The subject-matter of—

(a)

section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (Treasury power in relation to action damaging to economic position of United Kingdom),

(b)

Part II of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and

(c)

the Protection of Trading Interests Act 1980.

Head D – EnergyU.K.

D1. ElectricityU.K.

Section D1.

Exception

The subject-matter of Part I of the Environmental Protection Act 1990.

D2. Oil and gasU.K.

Section

Oil and gas, including—

(a)

the ownership of, exploration for and exploitation of deposits of oil and natural gas,

(b)

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,

(c)

offshore installations and pipelines,

(d)

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,

(e)

the application of Scots law and the jurisdiction of the Scottish courts in relation to offshore activities,

(f)

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),

(g)

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,

(h)

restrictions on navigation, fishing and other activities in connection with offshore activities,

(i)

liquefaction of natural gas, and

(j)

the conveyance, shipping and supply of gas through pipes.

Exceptions

D3. CoalU.K.

Section D3.

Coal, including its ownership and exploitation, deep and opencast coal mining and coal mining subsidence.

Exceptions

The subject-matter of—

(a)

Part I of the Environmental Protection Act 1990, and

(b)

sections 53 (environmental duties in connection with planning) and 54 (obligation to restore land affected by coal-mining operations) of the Coal Industry Act 1994.

D4. Nuclear energyU.K.

Section D4.

Nuclear energy and nuclear installations, including—

(a)

nuclear safety, security and safeguards, and

(b)

liability for nuclear occurrences.

[F28The Office for Nuclear Regulation.]

Exceptions

The subject-matter of—

(a)

Part I of the Environmental Protection Act 1990, and

(b)

the Radioactive Substances Act 1993.

Textual Amendments

F28Words in Sch. 5 Pt. II s. D4 inserted (10.3.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 72; S.I. 2014/251, art. 3(f)(iii)

D5. Energy conservationU.K.

Section D5.

The subject-matter of the Energy Act 1976, other than section 9.

Exception

The encouragement of energy efficiency other than by prohibition or regulation.

Head E – TransportU.K.

E1. Road transportU.K.

Section E1.

Exceptions

The subject-matter of sections 39 and 40 (road safety information and training) and 157 to 159 (payments for treatment of traffic casualties) of the Road Traffic Act 1988.

E2. Rail transportU.K.

Section E2.

Exceptions

Interpretation

Textual Amendments

F29 Sch. 5 Pt. II Section E2: paragraph inserted (14.12.2000) by S.I. 2000/3252 , art. 3(1)

F30 Sch. 5 Pt. II Section E2: paragraph inserted (14.12.2000) by S.I. 2000/3252 , art. 3(2)

F31 Sch. 5 Pt. II Section E2: words in third exception substituted (17.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 4(a)

F32 Sch. 5 Pt. II Section E2: paragraph inserted (27.6.2002) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2002 (S.I. 2002/1629) , art. 2(a)

F33 Sch. 5 Pt. II Section E2: definition of "railway" inserted (27.6.2002) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2002 (S.I. 2002/1629) , art. 2(b)

F34 Sch. 5 Pt. II Section E2: definition of "relevant authority" added (18.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 4(b)

E3. Marine transportU.K.

Section E3.

Exceptions

E4. Air transportU.K.

Section E4.

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, and

(g)

sections 1 (endangering safety at aerodromes) and 48 (powers in relation to certain aircraft) of the Aviation and Maritime Security Act 1990,

and arrangements to compensate or repatriate passengers in the event of an air transport operator’s insolvency.

Exceptions

Textual Amendments

F35 Paragraph in Sch. 5 Pt. II Section E4 inserted (14.12.2000) by S.I. 2000/3252 , art. 3(3)

E5. Other mattersU.K.

Section E5.

Transport of radioactive material.

Interpretation

Radioactive material” has the same meaning as in section 1(1) of the Radioactive Material (Road Transport) Act 1991.

Head F – Social SecurityU.K.

F1. Social security schemesU.K.

Section F1.

Schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits.

Illustrations

National Insurance; Social Fund; F36... recovery of benefits for accident, injury or disease from persons paying damages; deductions from benefits for the purpose of meeting an individual’s debts; sharing information between government departments for the purposes of the enactments relating to social security; making decisions for the purposes of schemes mentioned in the reservation and appeals against such decisions.

Exceptions

The subject-matter of Part II of the Social Work (Scotland) Act 1968 (social welfare services), section 2 of the Chronically Sick and Disabled Persons Act 1970 (provision of welfare services), section 50 of the Children Act 1975 (payments towards maintenance of children), section 15 of the Enterprise and New Towns (Scotland) Act 1990 (industrial injuries benefit), and sections 22 (promotion of welfare of children in need), 29 and 30 (advice and assistance for young persons formerly looked after by local authorities) of the Children (Scotland) Act 1995.

[F37Providing occasional financial or other assistance to or in respect of individuals for the purposes of—

(a)

meeting, or helping to meet, an immediate short term need—

(i)

arising out of an exceptional event or exceptional circumstances, and

(ii)

that requires to be met to avoid a risk to the well-being of an individual, or

(b)

enabling qualifying individuals to establish or maintain a settled home, and “qualifying individuals” means individuals who have been or, without the assistance, might otherwise be—

(i)

in prison, hospital, a residential care establishment or other institution, or

(ii)

homeless or otherwise living an unsettled way of life.

But the following are not excepted—

(a)

providing financial assistance for the purposes of meeting maternity expenses, funeral expenses or expenses for heating incurred due to cold weather,

(b)

the subject-matter of—

(i)

section 138 of the Social Security Contributions and Benefits Act 1992 (payments out of the social fund),

(ii)

section 69 of the Child Support, Pensions and Social Security Act 2000 (discretionary housing payments).]

Interpretation

[F38Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of—

(a)

section 138 of the Social Security Contributions and Benefits Act 1992, or

(b)

section 69 of the Child Support, Pensions and Social Security Act 2000.

The reference to the subject-matter of section 138 of the 1992 Act is to be construed as a reference to it as at 8th May 2012 and the reference to the subject-matter of section 69 of the 2000 Act is to be construed as a reference to it as at the date on which the Scotland Act (Modification of Schedule 5) ( No. 2) Order 2013 ( S.I. 2013/192 ) came into force; and if any amendment of section 69 of the 2000 Act made by the Welfare Reform Act 2012 is not in force on that date, it is to be treated as if it were. ]

Textual Amendments

F36Words in Sch. 5 Pt. II repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9 10 Sch. 5)

F2. Child supportU.K.

Section F2.

The subject-matter of the Child Support Acts 1991 and 1995.

Exception

The subject-matter of sections 1 to 7 of the Family Law (Scotland) Act 1985 (aliment).

Interpretation

If section 30(2) of the Child Support Act 1991 (collection of payments other than child support maintenance) is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were.

F3. Occupational and personal pensionsU.K.

Section F3.

Interpretation

Pension” includes gratuities and allowances.

F4. War pensionsU.K.

Section F4.

Illustration

The provision of pensions under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.

Interpretation

Pension” includes grants, allowances, supplements and gratuities.

Head G – Regulation of the ProfessionsU.K.

G1. ArchitectsU.K.

Section G1.

Regulation of the profession of architect.

G2. Health professionsU.K.

Section G2.

Regulation of the health professions.

Exceptions

The subject-matter of—

(a)

section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners), and

(b)

section 25 of that Act (arrangements for the provision of general dental services), so far as it relates to vocational training and disciplinary proceedings.

Interpretation

The health professions” means the professions regulated by—

(a)

the Pharmacy Act 1954,

(b)

the Professions Supplementary to Medicine Act 1960,

(c)

the Veterinary Surgeons Act 1966,

(d)

the Medical Act 1983,

(e)

the Dentists Act 1984,

(f)

the Opticians Act 1989,

(g)

the Osteopaths Act 1993,

(h)

the Chiropractors Act 1994, and

(i)

the Nurses, Midwives and Health Visitors Act 1997.

G3. AuditorsU.K.

Section G3.

Regulation of the profession of auditor.

Head H – EmploymentU.K.

H1. Employment and industrial relationsU.K.

Section H1.

Employment rights and duties and industrial relations, including the subject-matter 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)

[F39the Employment Tribunals Act 1996],

(g)

the Employment Rights Act 1996, and

(h)

the National Minimum Wage Act 1998.

Exception

The subject-matter of the Agricultural Wages (Scotland) Act 1949.

Textual Amendments

F39 Words in Sch. 5 Pt. II Section H1 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

H2. Health and safetyU.K.

Section H2.

Interpretation

For the purposes of the reservation of the subject-matter of Part I of the Health and Safety at Work etc. Act 1974–

(a)“work” and “at work” in that Part are to be taken to have the meaning they have on the principal appointed day;

(b)that subject-matter includes–

(i)process fire precautions;

(ii)fire precautions in relation to petroleum and petroleum spirit;[F41 and]

(iii) fire safety on F42 . . . ships and hovercraft, in mines and on offshore installations; F43 . . .

(iv)F43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but does not include any other aspect of fire safety.]

Textual Amendments

F40 Sch. 5 Pt II Section H2: words substituted (1.7.1999) by S.I. 1999/1749, arts. 1, 6(1); S.I. 1998/3178, art. 3

F41 Sch. 5 Pt. 2 Section H2: word in para. (b)(ii) inserted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(a)

F42 Sch. 5 Pt. 2 Section H2: words in para. (b)(iii) repealed (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(b)

F43 Sch. 5 Pt. 2 Section H2: para. (b)(iv) and preceding word repealed (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(c)

H3. Job search and supportU.K.

Section H3.

The subject-matter of—

(a)

the Disabled Persons (Employment) Act 1944, and

(b)

the Employment and Training Act 1973, except so far as relating to training for employment.

Exception

The subject-matter of—

(a)

sections 8 to 10A of the Employment and Training Act 1973 (careers services), and

(b)

the following sections of Part I of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise and Highlands and Islands Enterprise)—

(i)

section 2(3)(c) (arrangements for the purpose of assisting persons to establish themselves as self-employed persons), and

(ii)

section 12 (disclosure of information).

Head J – Health and MedicinesU.K.

J1. AbortionU.K.

Section J1.

Abortion.

J2. XenotransplantationU.K.

Section J2.

Xenotransplantation.

J3. Embryology, surrogacy and geneticsU.K.

Section J3.

J4. Medicines, medical supplies and poisonsU.K.

Section J4.

Interpretation

Textual Amendments

F44Sch. 5 Pt. II s. J4(a)(aa) substituted for Sch. 5 Pt. II (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559), arts. 1(2), 5(2)

J5. Welfare foodsU.K.

Section J5.

Schemes made by regulations under section 13 of the Social Security Act 1988 (schemes for distribution of welfare foods).

Head K – Media and CultureU.K.

K1. BroadcastingU.K.

Section K1.

K2. Public lending rightU.K.

Section K2.

The subject-matter of the Public Lending Right Act 1979.

K3. Government Indemnity SchemeU.K.

Section K3.

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.).

K4. Property accepted in satisfaction of taxU.K.

Section K4.

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).

Head L – MiscellaneousU.K.

L1. Judicial remunerationU.K.

Section L1.

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, and

(d)

the Chairman of the Scottish Land Court.

L2. Equal opportunitiesU.K.

Section L2.

Equal opportunities, including the subject-matter of—

(a)

the Equal Pay Act 1970,

(b)

the Sex Discrimination Act 1975,

(c)

the Race Relations Act 1976, and

(d)

the Disability Discrimination Act 1995.

Exceptions

Interpretation

L3. Control of weaponsU.K.

Section L3.

Control of nuclear, biological and chemical weapons and other weapons of mass destruction.

L4. Ordnance surveyU.K.

Section L4.

The subject-matter of the Ordnance Survey Act 1841.

L5. TimeU.K.

Section L5.

Exceptions

L6. Outer spaceU.K.

Section L6.

Regulation of activities in outer space.

[F48L7. AntarcticaU.K.

Regulation of activities in Antarctica.

InterpretationAntarctica” has the meaning given by section 1 of the Antarctic Act 1994.]

Textual Amendments

F48Words in Sch. 5 Pt. II inserted (1.7.2012) by Scotland Act 2012 (c. 11), ss. 11, 44(2)(a)

Part IIIU.K. General provisions

Scottish public authoritiesU.K.

1(1)This Schedule does not reserve any Scottish public authority if some of its functions relate to reserved matters and some do not, unless it is a cross-border public authority.U.K.

(2)Sub-paragraph (1) has effect as regards—

(a)the constitution of the authority, including its establishment and dissolution, its assets and liabilities and its funding and receipts,

(b)conferring or removing any functions specifically exercisable in relation to the authority.

(3)Sub-paragraph (2)(b) does not apply to any function which is specifically exercisable in relation to a particular function of the authority if the particular function relates to reserved matters.

(4)An authority to which this paragraph applies is referred to in this Act as a Scottish public authority with mixed functions.

Modifications etc. (not altering text)

C1Sch. 5 Pt. III para. 1(4) applied (S.) (30.9.2002) by Freedom of Information (Scotland) Act 2002 (asp 13), s. 4; S.S.I. 2002/437, art. 2

2U.K.Paragraph 1 of Part I of this Schedule does not reserve any Scottish public authority with functions none of which relate to reserved matters (referred to in this Act as a Scottish public authority with no reserved functions).

Modifications etc. (not altering text)

C2Sch. 5 Pt. III para. 2 applied (S.) (30.9.2002) by Freedom of Information (Scotland) Act 2002 (asp 13), s. 4; S.S.I. 2002/437, art. 2

Reserved bodiesU.K.

3(1)The reservation of any body to which this paragraph applies has effect to reserve—U.K.

(a)its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts,

(b)conferring functions on it or removing functions from it,

(c)conferring or removing any functions specifically exercisable in relation to it.

(2)This paragraph applies to—

(a)a body reserved by name by Part II of this Schedule,

(b)each of the councils reserved by Section C12 of that Part,

(c)the Commission for Racial Equality, the Equal Opportunities Commission and [F49the Disability Rights Commission].

[F50(d)the Commission for Equality and Human Rights.]

Textual Amendments

F49 Words in Sch. 5 Pt. III para. 3(2)(c) substituted (6.8.1999) by 1999 c. 17 , s. 14(1) , Sch. 4 para. 4 (with s. 15 ); S.I. 1999/2210 , art. 2(4)(7)

Modifications etc. (not altering text)

C3 Sch. 5 Pt. III para. 3 applied (28.7.1999) ( temp. ) by S.I. 1999/2210 , art. 3

Financial assistance to industryU.K.

4(1)This Schedule does not reserve giving financial assistance to commercial activities for the purpose of promoting or sustaining economic development or employment.U.K.

(2)Sub-paragraph (1)—

(a)does not apply to giving financial assistance to any activities in pursuance of a power exercisable only in relation to activities which are reserved,

(b)does not apply to Part I of this Schedule, except paragraph 9, or to a body to which paragraph 3 of this Part of this Schedule applies,

(c)is without prejudice to the exceptions from the reservations in Sections [F51C11,] E2 and E3 of Part II of this Schedule.

(3)Sub-paragraph (1) does not affect the question whether any matter other than financial assistance to which that sub-paragraph applies is reserved.

Textual Amendments

F51Words in Sch. 5 Pt. III para. 4(2)(c) inserted (14.12.2000) by S.I. 2000/3252, art. 2(2)

InterpretationU.K.

5(1)References in this Schedule to the subject-matter of any enactment are to be read as references to the subject-matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the day on which this Act is passed, as it had effect immediately before that time.U.K.

(2)Subordinate legislation under section 129(1) may, in relation to the operation of this Schedule at any time before the principal appointed day, modify the references to that day in sub-paragraph (1).