SCHEDULES
F1SCHEDULE 7A Reserved matters
Part 2Specific Reservations
Reservations
Head L—Justice
164
The legal profession and legal services.
165
Claims management services.
166
Legal aid.
167
The subject-matter of Part 1 of the Coroners and Justice Act 2009.
168
Arbitration.
169
The subject-matter of the Mental Capacity Act 2005.
170
Protection of personal data.
171
Public access to information held by a public authority.
Interpretation
““Public authority”” and ““held by a public authority””—
- a
in relation to environmental information, have the same meaning as in the Environmental Information Regulations 2004 (S.I. 2004/3391);
- b
otherwise, have the meaning given by section 3 of the Freedom of Information Act 2000.
- a
“"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.
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).
173
The subject-matter of the Public Records Act 1958.
174
Compensation for—
a
persons affected by crime;
b
miscarriages of justice.
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.
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.
180
Gender recognition.
181
Registration of births and deaths and of places of worship.
Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 1 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2