Scotland Act 1998 Explanatory Notes

Details of Provisions
Reservation

What is reserved are:

(a)

technical standards and requirements in relation to products in pursuance of an obligation under Community law.  This includes the imposition of specified requirements (both minimum and absolute) and technical standards relating to goods.  Examples of relevant EC laws include directives concerned with single market harmonisation and with the suitability of packaging for reuse or recycling;

(b)

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(1);

(c)

product safety and product liability; and

(d)

product labelling.

Exceptions

The following are excepted from the reserved matters:

(a)

food (which includes drink) and, in relation to food safety, materials which come into contact with food (e.g. packaging);

(b)

agricultural and horticultural produce;

(c)

fish and fish products; and

(d)

seeds, animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985)(2) .

These exceptions are necessary for the devolution of agriculture, fisheries and food.

1

This was added by Article 5 of SI 2000/3252.

2

The words in brackets were added by Article 4 of SI 2000/3252.

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