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

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

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).

Section A1.

F30Exceptions

Section A2.

Section A3.

Exception

Section A4.

Section A5.

Section B1.

Section B2.

Interpretation

F29(A) Elections for membership of the House of Commons and the European Parliament

Section B3.

• Elections for membership of the House of Commons F38and the European Parliament , including the subject-matter of—

  1. a

     F14the European Parliamentary Elections Act 2002.

  2. b

     the Representation of the People Act 1983 and the Representation of the People Act 1985, and

  3. c

     the Parliamentary Constituencies Act 1986,

  so far as those enactments apply, or may be applied, in respect of such membership.

• F94...

F50(B) Elections for membership of the Parliament and local government elections in Scotland

The subject-matter of sections 2(2A) and 12A of this Act.

The subject-matter of section 43(1AA) of the Representation of the People Act 1983.

The combination of—

1. a

   polls at elections or referendums that are outside the legislative competence of the Parliament with polls at—

   1. i

      elections for membership of the Parliament, or

   2. ii

      local government elections in Scotland, and

2. b

   polls at ordinary general elections for membership of the Parliament with polls at ordinary local government elections in Scotland.

   Any digital service provided by a Minister of the Crown for the registration of electors.

   The subject matter of—

   1. a

      Parts 5 and 6 of the Political Parties, Elections and Referendums Act 2000 (expenditure in connection with elections) where a limit applies to expenditure in relation to a period determined by reference both to the date of the poll for an election within the legislative competence of the Parliament and to the date of the poll at an election for membership of the House of Commons or the European Parliament, and

   2. b

      sections 145 to 148 and 150 to 154 of that Act (enforcement) as they apply for the purposes of Part 5 or 6, so far as the subject-matter of that Part is reserved by paragraph (a).

   The subject-matter of the following sections of the Political Parties, Elections and Referendums Act 2000 in relation to elections for membership of the Parliament—

   1. a

      section 1, except in relation to—

      1. i

         financing the Electoral Commission,

      2. ii

         preparation, laying and publication by the Commission of reports about the performance of its functions, and

      3. iii

         provision by the Commission of copies of regulations made by it or notice of the alteration or revocation of such regulations,

   2. b

      sections 2 to 4, 6(1)(e) and (f) (and (g) to the extent that it relates to the law mentioned in those paragraphs),

   3. c

      sections 12, 21 to 33, 35 to 37, 39 to 57, 58 to 67, 69, 71, 71F, 71G, 71H to 71Y and 140A,

   4. d

      section 149 (except in relation to the register kept under section 89),

   5. e

      sections 157 and 159 to 163, and

   6. f

      sections 145 to 148 and 150 to 154 as they apply for the purposes of a provision mentioned in paragraphs (a) to (e), so far as the subject matter of that provision is reserved by those paragraphs.

• F31Exceptions

• F72Exception 1

• The reduction of the minimum voting age to 16 at elections to the Parliament and local government elections.

• F93Exception 2

• The registration of electors, in order to give effect to provision reducing the minimum voting age at those elections to 16, including—

  1. a

     disregarding alterations in a register of electors,

  2. b

     the content of a register and the effect of registration, and

  3. c

     supplying or otherwise dealing with a register,

  but not including the use of the digital service for applications for registration or for verifying information contained in applications for registration.

• F75Exception 3

• The day of the poll at the first ordinary general election for membership of the Parliament after 2016.

• That day must not be the same as the day of the poll at—

  1. a

     a parliamentary general election, other than an early parliamentary general election,

  2. b

     a European parliamentary general election, or

  3. c

     an ordinary local election.

• If under section 3(3) the ordinary general election that would have been the first after 2016 is not held, this exception does not apply to any later election.

• F17Interpretation

• 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.

• F80...

• F80...

• F88Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of the Political Parties, Elections and Referendums Act 2000; and references to the subject-matter of that Act are to be read as at the day on which the Scotland Act 2016 received Royal Assent.

Section B4.

Section B5.

• The subject-matter of—

  1. a

     the Video Recordings Act 1984, and

  2. b

     sections 1 to 3 and 5 to 16 of the Cinemas Act 1985 (control of exhibitions).

• 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.

Section B6.

Section B7.

Section B8.

• National security.

• The interception of communications; but not

  1. a

     F1the interception of any communication made to or by a person detained at a place of detention, if the communication-

     1. i

        is a written communication and is intercepted there, or

     2. ii

        is intercepted in the course of its transmission by means of a private telecommunication system running there,

  2. b

     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—

  1. a

     the Official Secrets Acts 1911 and 1920, and

  2. b

     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) and not by any other provision of sections 1 to 4.

• Special powers, and other special provisions, for dealing with terrorism.

F21 Interpretation

Section B9.

F92Exception

Section B10.

Section B11.

Section B12.

Exception

Section C1.

Exceptions

Interpretation

Section C2.

• In relation to business associations—

  1. a

     the modes of, the grounds for and the general legal effect of winding up, and the persons who may initiate winding up,

  2. b

     liability to contribute to assets on winding up,

  3. c

     powers of courts in relation to proceedings for winding up, other than the power to sist proceedings,

  4. d

     arrangements with creditors, and

  5. e

     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.

Exceptions

• In relation to business associations—

  1. a

     the process of winding up, including the person having responsibility for the conduct of a winding up or any part of it, and his conduct of it or of that part,

  2. b

     the effect of winding up on diligence, and

  3. c

     avoidance and adjustment of prior transactions on winding up.

• F3In relation to business associations which are social landlords, the following additional exceptions–

  1. a

     the general legal effect of winding up,

  2. b

     procedures for the initiation of winding up,

  3. c

     powers of courts in relation to proceedings for winding up, and

  4. d

     procedures giving protection from creditors,

  but only in so far as they relate to a moratorium on the disposal of property held by a social landlord and the management and disposal of such property.

• Floating charges and receivers, except in relation to preferential debts, regulation of insolvency practitioners and co-operation of insolvency courts.

Interpretation

• “Business association” has the meaning given in Section C1 of this Part of this Schedule, but does not include any person whose estate may be sequestrated under the Bankruptcy (Scotland) Act 1985 or any public body established by or under an enactment.

• F4“Social landlord” means a body which is–

  1. a

     F56a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 which has its registered office for the purposes of that Act in Scotland and satisfies the relevant conditions, or

  2. b

     a company registered under the Companies Act 1985 which has its registered office for the purposes of that Act in Scotland and satisfies the relevant conditions.

• “The relevant conditions” are that the body does not trade for profit and is established for the purpose of, or has among its objects and powers, the provision, construction, improvement or management of–

  1. a

     houses to be kept available for letting,

  2. b

     houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or

  3. c

     hostels,

• “house” and “hostel” having the meanings given in section 338(1) of the Housing (Scotland) Act 1987.

• “Winding up”, in relation to business associations, includes winding up of solvent, as well as insolvent, business associations.

Section C3.

Exception

Interpretation

Section C4.

Exception

Section C5.

• 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.

Exceptions

F39Interpretation

• “Food” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (as at 7th December 2004).

Section C6.

Interpretation

Section C7.

• Regulation of—

  1. a

     the sale and supply of goods and services to consumers,

  2. b

     guarantees in relation to such goods and services,

  3. c

     hire-purchase, including the subject-matter of Part III of the Hire-Purchase Act 1964,

  4. d

     trade descriptions, except in relation to food,

  5. e

     misleading and comparative advertising, except regulation specifically in relation to food, tobacco and tobacco products,

  6. f

     price indications,

  7. g

     trading stamps,

  8. h

     auctions and mock auctions of goods and services, and

  9. i

     hallmarking and gun barrel proofing.

• Safety of, and liability for, services supplied to consumers.

• The subject-matter of—

  1. a

     the Hearing Aid Council Act 1968,

  2. b

     the Unsolicited Goods and Services Acts 1971 and 1975,

  3. c

     Parts I to III and XI of the Fair Trading Act 1973,

  4. d

     the Consumer Credit Act 1974,

  5. e

     the Estate Agents Act 1979,

  6. f

     the Timeshare Act 1992,

  7. g

     the F90Package Travel and Linked Travel Arrangements Regulations 2018, and

  8. h

     the Commercial Agents (Council Directive) Regulations 1993.

F35Exceptions

Interpretation

• F81 “Food” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (as at 7th December 2004).

• The reference to the subject-matter of section 16 of the Food Safety Act 1990 is to be construed as a reference to it as at 7th December 2004 (and, accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to that reference).

Section C8.

• Technical standards and requirements in relation to products in pursuance of an obligation under F28EU law.

• F6The 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.

Exceptions

• F43 The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office.

• Food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides F7(including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985).

• In relation to food safety, materials which come into contact with food.

F74Interpretation

• “Food” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (as at 7th December 2004).

Section C9.

• Units and standards of weight and measurement.

• Regulation of trade so far as involving weighing, measuring and quantities.

F32Exceptions

• The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office.

Section C10.

• Telecommunications and wireless telegraphy.

• Internet services.

• Electronic encryption.

• The subject-matter of Part II of the Wireless Telegraphy Act 1949 (electromagnetic disturbance).

Exception

• The subject matter of the Postal Services Act 2000.

F34Exceptions

• F66The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, but not any related compulsory levy on postal operators.

• Financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices.

Interpretation

• Paragraph 5(1) of Part III of this Schedule does not apply to this Section.

• The reference to the subject matter of the Postal Services Act 2000 is to be read as a reference to the subject matter of that Act as at the date when it received Royal Assent.

• F97“postal operator”, “postal services” and “public post offices” have the same meaning as in the Postal Services Act 2000.

F86United Kingdom Research and Innovation.

Section C12.

• 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 F84United Kingdom Research and Innovation and Research Councils.

• F95F18...

• The subject-matter of section 10 of F87the Higher Education Act 2004 (research in arts and humanities) so far as relating to F59United Kingdom Research and Innovation.

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.

Section C13.

Section C14.

Section C15.

Section D1.

• Generation, transmission, distribution and supply of electricity.

• The subject-matter of Part II of the Electricity Act 1989.

F98Exceptions

Section

Exceptions

• The subject-matter of—

  1. a

     sections 10 to 12 of the Industry Act 1972 (credits and grants for construction of ships and offshore installations),

  2. b

     the Offshore Petroleum Development (Scotland) Act 1975, other than sections 3 to 7, and

  3. c

     Part I of the Environmental Protection Act 1990.

• F44The granting and regulation of licences to search and bore for and get petroleum that, at the time of the grant of the licence, is within the Scottish onshore area, except for any consideration payable for such licences.

  Access to land for the purpose of searching or boring for or getting petroleum under such a licence.

• The manufacture of gas.

• The conveyance, shipping and supply of gas other than through pipes.

• F70The provision in relation to gas of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, but not any related compulsory levy on persons supplying gas to premises or conveying gas through pipes.

F61Interpretation

The Scottish onshore area is the area of Scotland that is within the baselines established by any Order in Council under section 1(1)(b) of the Territorial Sea Act 1987 (extension of territorial sea).

“Petroleum” means petroleum within the meaning given by section 1 of the Petroleum Act 1998 in its natural state in strata.

Section D3.

Exceptions

Section D4.

Exceptions

Section D5.

Exception

Section E1.

• The subject-matter of—

  1. a

     the Motor Vehicles (International Circulation) Act 1952,

  2. b

     the Public Passenger Vehicles Act 1981 and the Transport Act 1985, so far as relating to public service vehicle operator licensing,

  3. c

     F69section 17 of the Road Traffic Regulation Act 1984 (traffic regulation on special roads) except so far as relating to the speed of vehicles on special roads, and section 87 of that Act (exemption of emergency vehicles from speed limits) so far as relating to the training of drivers of vehicles,

  4. d

     the Road Traffic Act 1988 F42, except so far as relating to the parking of vehicles on roads, and the Road Traffic Offenders Act 1988,

  5. e

     the Vehicle Excise and Registration Act 1994,

  6. f

     the Road Traffic (New Drivers) Act 1995, and

  7. g

     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.

Exceptions

F96Interpretation

Section E2.

• Provision and regulation of railway services.

• Rail transport security.

• The subject-matter of the Channel Tunnel Act 1987.

• The subject-matter of the Railway Heritage Act 1996.

Exceptions

• Grants so far as relating to railway services; but this exception does not apply in relation to—

  1. a

     the subject-matter of section 63 of the Railways Act 1993 (government financial assistance where railway administration orders made),

  2. b

     “ railway services ” as defined in section 82(1)(b) of the Railways Act 1993 (carriage of goods by railway), or

  3. c

     the subject-matter of section 136 of the Railways Act 1993 (grants and subsidies).

• F9Imposing requirements about the preparation and submission of strategies relating to the provision of rail services on Scottish public authorities with mixed functions relating to such services.

• F10The transfer of functions of passenger transport executives or passenger transport authorities relating to the provision and regulation of rail services conferred by Part II of the Transport Act 1968 and sections 32 to 36 of the Railways Act 1993 to, and the allocation of such functions among, F19relevant authorities.

• F15The promotion and construction of railways which start, end and remain in Scotland.

• F33Policing of railways and railway property.

Interpretation

• F16“railway” has the meaning given by section 67(1) of the Transport and Works Act 1992.

• F73“Railway property” has the meaning given by section 75(3) of the Railways and Transport Safety Act 2003.

• “ Railway services ” has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of “ railway ” given by section 81(2) of that Act).

• F20 “ relevant authority ” means–

  1. a

     the Scottish Ministers; or

  2. b

     any Scottish public authority (not being a cross-border public authority or an authority exercising functions solely in relation to a reserved matter) which is set up wholly or mainly to exercise functions relating to transport.

Section E3.

• The subject-matter of—

  1. a

     the Coastguard Act 1925,

  2. b

     the Hovercraft Act 1968, except so far as relating to the regulation of noise and vibration caused by hovercraft,

  3. c

     the Carriage of Goods by Sea Act 1971,

  4. d

     section 2 of the Protection of Wrecks Act 1973 (prohibition on approaching dangerous wrecks),

  5. e

     the Merchant Shipping (Liner Conferences) Act 1982,

  6. f

     the Dangerous Vessels Act 1985,

  7. g

     the Aviation and Maritime Security Act 1990, other than Part I (aviation security),

  8. h

     the Carriage of Goods by Sea Act 1992,

  9. i

     the Merchant Shipping Act 1995,

  10. j

      the Shipping and Trading Interests (Protection) Act 1995, and

  11. k

      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.

Exceptions

• Ports, harbours, piers and boatslips, except in relation to the matters reserved by virtue of paragraph (d), (f), (g) or (i).

• Regulation of works which may obstruct or endanger navigation.

• The subject-matter of the Highlands and Islands Shipping Services Act 1960 in relation to financial assistance for bulk freight services.

Section E4.

Exceptions

• The subject-matter of the following sections of the Civil Aviation Act 1982—

  1. a

     section 25 (Secretary of State’s power to provide aerodromes),

  2. b

     section 30 (provision of aerodromes and facilities at aerodromes by local authorities),

  3. c

     section 31 (power to carry on ancillary business in connection with local authority aerodromes),

  4. d

     section 34 (financial assistance for certain aerodromes),

  5. e

     section 35 (facilities for consultation at certain aerodromes),

  6. f

     section 36 (health control at Secretary of State’s aerodromes and aerodromes of Civil Aviation Authority), and

  7. g

     sections 41 to 43 and 50 (powers in relation to land exercisable in connection with civil aviation) where land is to be or was acquired for the purpose of airport development or expansion.

• The subject-matter of Part II (transfer of airport undertakings of local authorities), sections 63 and 64 (airport byelaws) and 66 (functions of operators of designated airports as respects abandoned vehicles) of the Airports Act 1986.

• The subject-matter of sections 59 (acquisition of land and rights over land) and 60 (disposal of compulsorily acquired land) of the Airports Act 1986 where land is to be or was acquired for the purpose of airport development or expansion.

• F11Imposing requirements about the preparation and submission of strategies relating to the provision of air services on Scottish public authorities with mixed functions relating to such services.

Section E5.

Transport of radioactive material.

• Technical specifications for public passenger transport for disabled persons, including the subject-matter of—

  1. 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), and

  2. b

     Part V of the Disability Discrimination Act 1995 (public transport).

• Regulation of the carriage of dangerous goods.

Interpretation

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.

• Requiring persons to—

  1. a

     establish and administer schemes providing assistance for social security purposes to or in respect of individuals, or

  2. 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.

Illustrations

Exceptions

Interpretation

• “Benefits” includes pensions, allowances, grants, loans and any other form of financial assistance.

• Providing assistance for social security purposes to or in respect of individuals includes (among other things) providing assistance to or in respect of individuals—

  1. a

     who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care,

  2. b

     who qualify by reason of low income, or

  3. c

     in relation to their housing costs or liabilities for local taxes.

• F53“Disability benefit” means a benefit which is normally payable in respect of—

• 1. a

     a significant adverse effect that impairment to a person's physical or mental condition has on his or her ability to carry out day-to-day activities (for example, looking after yourself, moving around or communicating), or

  2. b

     a significant need (for example, for attention or for supervision to avoid substantial danger to anyone) arising from impairment to a person's physical or mental condition;

  and for this purpose the adverse effect or need must not be short-term.

• “Severe disablement benefit” means a benefit which is normally payable in respect of—

• 1. a

     a person's being incapable of work for a period of at least 28 weeks beginning not later than the person's 20th birthday, or

  2. b

     a person's being incapable of work and disabled for a period of at least 28 weeks;

  and

• “relevant person”, in relation to severe disablement benefit, means a person who is entitled to severe disablement allowance under section 68 of the Social Security Contributions and Benefits Act 1992 on the date on which section 22 of the Scotland Act 2016 comes into force as respects severe disablement benefit.

• “Industrial injuries benefit” means a benefit which is normally payable in respect of—

• 1. a

     a person's having suffered personal injury caused by accident arising out of and in the course of his or her employment, or

  2. b

     a person's having developed a disease or personal injury due to the nature of his or her employment;

  and for this purpose employment includes participation in training for employment.

• “Relevant employment”, in relation to industrial injuries benefit, means employment which—

• 1. a

     is employed earner's employment for the purposes of section 94 of the Social Security Contributions and Benefits Act 1992 as at 28 May 2015 (the date of introduction into Parliament of the Bill for the Scotland Act 2016), or

  2. b

     would be such employment but for—

     1. i

        the contract purporting to govern the employment being void, or

     2. ii

        the person concerned not being lawfully employed,

     as a result of a contravention of, or non-compliance with, provision in or made by virtue of an enactment passed to protect employees.

• “Carer's benefit” means a benefit which is normally payable in respect of the regular and substantial provision of care by a person to a disabled person; and for this purpose "disabled person” means a person to whom a disability benefit is normally payable.

• “Excluded benefit” means—

• 1. a

     a benefit, entitlement to which, or the amount of which, is normally determined to any extent by reference to a person's income or capital (for example, universal credit under Part 1 of the Welfare Reform Act 2012),

  2. b

     a benefit which is payable out of the National Insurance Fund (for example, employment and support allowance under section 1(2)(a) of the Welfare Reform Act 2007), or

  3. c

     a benefit payable by way of lump sum in respect of a person's having, or having had—

     1. i

        pneumoconiosis,

     2. ii

        byssinosis,

     3. iii

        diffuse mesothelioma,

     4. iv

        bilateral diffuse pleural thickening, or

     5. v

        primary carcinoma of the lung where there is accompanying evidence of one or both of asbestosis and bilateral diffuse pleural thickening.

• “Employment” includes any trade, business, profession, office or vocation (and “employed” is to be read accordingly).

F100The reference to the subject-matter of section 13 of the Social Security Act 1988 is to be construed as a reference to it as at the day on which section 27 of the Scotland Act 2016 comes into force (and, accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to that reference).

Section F2.

Exception

Interpretation

Section F3.

• 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—

  1. a

     the persons referred to in section 81(3),

  2. 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—

  1. 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

  2. b

     for benefits in respect of death or incapacity resulting from injury or disease.

Interpretation

Section F4.

• 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

Illustration

Interpretation

Section G1.

Section G2.

Exceptions

Interpretation

Section G3.

Section H1.

Exception

Section H3.

F48Exceptions

Section J2.

Section J3.

• 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.

Section J4.

• The subject-matter of—

  1. a

     F99the Medicines Act 1968, except so far as it applies in relation to—

     1. i

        medicinal products which are for use in relation to animals, and

     2. ii

        animal feeding stuffs,

  2. aa

     the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994,

  3. b

     the Poisons Act 1972, and

  4. c

     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.

• F46Regulation of—

  1. a

     veterinary medicinal products,

  2. b

     specified feed additives, and

  3. c

     animal feeding stuffs, in relation to—

     1. i

        the incorporation in them of veterinary medicinal products or specified feed additives,

     2. ii

        matters arising in consequence of such incorporation.

Interpretation

• “ Medical supplies ” has the same meaning as in section 49(3) of the National Health Service (Scotland) Act 1978.

• “ Medicinal products ” has F68 , in relation to the reservation of the regulation of prices charged for medical supplies or medicinal products supplied for the purposes of the health service, the same meaning as in section 130(1) of the Medicines Act 1968.

• F52“Specified feed additives” has the same meaning as in Schedule 5 to the Veterinary Medicines Regulations 2013 (as at 1st October 2013).

• “Veterinary medicinal products” has the same meaning as in regulation 2(1) of the Veterinary Medicines Regulations 2013 (as at 1st October 2013).

F79...

Section K1.

• The subject-matter of the Broadcasting Act 1990 and the Broadcasting Act 1996.

• The British Broadcasting Corporation.

Section K2.

Section K3.

Section K4.

Section L1.

Section L2.

Exceptions

• The encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements.

• Imposing duties on—

  1. a

     any office-holder in the Scottish Administration, or any Scottish public authority with mixed functions or no reserved functions, to make arrangements with a view to securing that the functions of the office-holder or authority are carried out with due regard to the need to meet the equal opportunity requirements, or

  2. b

     any cross-border public authority to make arrangements with a view to securing that its Scottish functions are carried out with due regard to the need to meet the equal opportunity requirements.

• F64Equal opportunities so far as relating to the inclusion of persons with protected characteristics in non-executive posts on boards of Scottish public authorities with mixed functions or no reserved functions.

• Equal opportunities in relation to the Scottish functions of any Scottish public authority or cross-border public authority, other than any function that relates to the inclusion of persons in non-executive posts on boards of Scottish public authorities with mixed functions or no reserved functions. The provision falling within this exception does not include any modification of the Equality Act 2010, or of any subordinate legislation made under that Act, but does include—

  1. a

     provision that supplements or is otherwise additional to provision made by that Act;

  2. b

     in particular, provision imposing a requirement to take action that that Act does not prohibit;

  3. c

     provision that reproduces or applies an enactment contained in that Act, with or without modification, without affecting the enactment as it applies for the purposes of that Act.

Interpretation

• F67 “ Board ” includes any other equivalent management body.

• “ Equal opportunities ” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.

• “ Equal opportunity requirements ” means the requirements of the law for the time being relating to equal opportunities.

• F67 “ Non-executive post ” in relation to an authority means any position the holder of which is not an employee of the authority.

• F67 “ Protected characteristic ” has the same meaning as in the Equality Act 2010.

• “ Scottish functions ” means functions which are exercisable in or as regards Scotland and which do not relate to reserved matters.

• F77The references to the Equality Act 2010 and any subordinate legislation made under that Act are to be read as references to those enactments, as at the day on which section 37 of the Scotland Act 2016 comes into force, but treating any provision of them that is not yet in force on that day as if it were in force.

Section L3.

Section L4.

Section L5.

• Timescales, time zones and the subject-matter of the Summer Time Act 1972.

• The calendar; units of time; the date of Easter.

Exceptions

• The computation of periods of time.

• The subject-matter of—

  1. a

     section 1 of the Banking and Financial Dealings Act 1971 (bank holidays), and

  2. b

     the Term and Quarter Days (Scotland) Act 1990.

Section L6.

Regulation of activities in Antarctica.