SCHEDULES

F1SCHEDULE 7A Reserved matters

Part 2Specific Reservations

Reservations

Head L—Justice

Section L1L1 The legal profession, legal services and claims management services

164

The legal profession and legal services.

165

Claims management services.

Section L2L2 Legal aid

166

Legal aid.

Section L3L3 Coroners

167

The subject-matter of Part 1 of the Coroners and Justice Act 2009.

Section L4L4 Arbitration

168

Arbitration.

Section L5L5 Mental capacity

169

The subject-matter of the Mental Capacity Act 2005.

Section L6L6 Personal data

170

Protection of personal data.

Section L7L7 Information rights

171

Public access to information held by a public authority.

Exception

Public access to information held by—

  1. (a)

    the Assembly,

  2. (b)

    the Assembly Commission,

  3. (c)

    the Welsh Government, or

  4. (d)

    any Welsh public authority,

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

Interpretation

  • ““Public authority”” and ““held by a public authority””—

    1. (a)

      in relation to environmental information, have the same meaning as in the Environmental Information Regulations 2004 (S.I. 2004/3391);

    2. (b)

      otherwise, have the meaning given by section 3 of the Freedom of Information Act 2000.

  • “"Welsh public authority”” has the meaning given by section 83 of that Act, but does not include a reserved authority within the meaning given by paragraph 8 of Schedule 7B to this Act.

Section L8L8 Public sector information

172

The subject-matter of—

(a)

the INSPIRE Regulations 2009 (S.I. 2009/3157);

(b)

the Re-use of Public Sector Information Regulations 2015 (S.I. 2015/1415).

Section L9L9 Public records

173

The subject-matter of the Public Records Act 1958.

Section L10L10 Compensation for persons affected by crime and miscarriages of justice

174

Compensation for—

(a)

persons affected by crime;

(b)

miscarriages of justice.

Section L11Section L11 Prisons and offender management

175

(1)

Prisons and other institutions for the detention of persons charged with or convicted of offences (““relevant institutions””).

(2)

The management of—

(a)

persons charged with or convicted of offences (whether or not detained in a relevant institution);

(b)

other persons required to be detained in a relevant institution.

(3)

This reservation includes probation, escort functions, transfers of persons between relevant institutions and the subject-matter of—

(a)

sections 47 to 49 of the Mental Health Act 1983 (transfer to hospital of prisoners) and the provisions of that Act relating to persons who are restricted patients within the meaning given by section 79 of that Act;

(b)

sections 37 to 42 of the Crime and Disorder Act 1998 (youth justice).

Exceptions

  • Accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children or young persons.

  • The provision of health care, social care, education, training or libraries.

Interpretation

  • The reference to conviction in sub-paragraph (2) includes a finding in criminal proceedings that a person has committed an offence or done the act or made the omission charged.

  • “"Escort functions”” includes functions of the kind mentioned in section 80(1) of the Criminal Justice Act 1991.

  • “"Probation”” includes matters of the kind mentioned in section 1(1)(a) to (f) of the Offender Management Act 2007.

Section L12L12 Family relationships and children

176

Marriage, civil partnership and cohabitation.

177

Parenthood, parental responsibility, child arrangements and adoption.

178

Proceedings and orders under Part 4 or 5 of the Children Act 1989 or otherwise relating to the care or supervision of children.

179

Civil remedies in respect of domestic violence, domestic abuse and female genital mutilation.

Exceptions

  • Services and facilities relating to adoption, adoption agencies and their functions, other than functions of the Central Authority under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

  • Parental discipline.

Interpretation

“"Child arrangements”” includes the subject-matter of Part 2 of the Children Act 1989.

Section L13L13 Gender recognition

180

Gender recognition.

Section L14L14 Registration of births, deaths and places of worship

181

Registration of births and deaths and of places of worship.