User:Mais oui!/Reserved matters
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In the United Kingdom reserved matters, also referred to as reserved powers, are those subjects over which power to legislate is retained by Westminster, as stated by the Scotland Act 1998, Northern Ireland Act 1998 or Government of Wales Act 1998.
In Scotland, a list of matters is explicitly reserved in the Scotland Act, with all other matters implicitly devolved to the Scottish Parliament.
In Northern Ireland, the powers of the Northern Ireland Assembly (when it is not suspended) do not cover reserved matters or excepted matters. In theory, the distinction is that reserved matters might be devolved at a later date, but that excepted matters will not be considered for further devolution. In practice the difference is minor as changes to either list are within the powers of the Westminster Parliament.
In Wales, by contrast, certain matters are explicitly devolved to the National Assembly for Wales and the remainder implicitly reserved.
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[edit] Scotland
The Scottish Parliament was created by the Scotland Act 1998, passed by the Parliament of the United Kingdom (Westminster Parliament). This act sets out the matters still dealt with at Westminster, referred to as reserved matters, including defence, international relations, fiscal and economic policy, drugs law, broadcasting and some others. The competence of the Scottish Parliament to legislate ("legislative competence") on a matter is largely determined by whether it is reserved or not.
Anything not listed as a specific reserved matter in the Scotland Act is automatically devolved to Scotland, including health, education, local government, Scots Law and all other issues. This is one of the key differences between the successful Scotland Act 1998 and the failed Scotland Act 1978.
[edit] List of reserved matters
The following is the list of reserved matters, as set out in Schedule 5 of the Scotland Act 1998[1]:
[edit] General reservations
- the following aspects of the constitution are reserved matters (however there is a long list of explicitly non-reserved constitutional issues in the actual Act):
- the Crown, including succession to the Crown and a regency
- the Union of the Kingdoms of Scotland and England
- the Parliament of the United Kingdom
- the continued existence of the High Court of Justiciary as a criminal court of first instance and of appeal
- the continued existence of the Court of Session as a civil court of first instance and of appeal
- the registration and funding of political parties
- international relations, including relations with territories outside the United Kingdom, the European Communities (and their institutions) and other international organisations, regulation of international trade, and international development assistance and co-operation (however, observing and implementing international obligations, obligations under the Human Rights Convention and obligations under Community law; and "assisting Ministers of the Crown" are explicitly not reserved)
- the Civil Service of the State (however, the appointment of certain law officers is explicitly not reserved, eg. sheriff clerks, procurators fiscal, and officers of the High Court of Justiciary and of the Court of Session; see Scots law)
- defence (however, civil defence functions, and enforcement powers in relation to sea fishing, are explicitly not reserved):
- the defence of the realm
- the naval, military or air forces of the Crown, including reserve forces
- visiting forces
- international headquarters and defence organisations
- trading with the enemy and enemy property
- treason (including constructive treason), treason felony and misprision of treason
[edit] Specific reservations
- fiscal, economic and monetary policy (except local taxes to fund local authority expenditure, for example, council tax and non-domestic rates), currency, financial services (except for bank holidays), financial markets and money laundering
- certain matters of Home Affairs:
- misuse of drugs
- data protection
- elections
- firearms
- classification of films
- immigration and nationality
- scientific procedures on live animals,
- national security, interception of communications, official secrets and terrorism
- betting, gaming and lotteries
- emergency powers
- extradition
- Lieutenancies
- certain matters of Trade and Industry:
- the creation, operation, regulation and dissolution of businesses (except charities, and particular public bodies)
- insolvency (with certain exceptions, to accomodate Scots law)
- regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers (except for the regulation of particular practices in the legal profession)
- intellectual property (except for a section of the Plant Varieties Act 1997)
- import and export control (except for certain foods, animals, animal products, plants, plant products, animal feeding stuffs, fertilisers and pesticides)
- regulation of sea fishing outside the Scottish zone (except in relation to Scottish fishing boats)
- consumer protection (except for food safety)
- product standards, safety and liability which are subject to Community law (except food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides)
- units and standards of weight and measurement
- telecommunications and wireless telegraphy, including the internet, electronic encryption and electromagnetic disturbance (except police authorisation to interfere with property)
- the Post Office, posts (including postage stamps, postal orders and postal packets) and regulation of postal services
- Research Councils within the meaning of the Science and Technology Act 1965
- designation of assisted areas
- the Industrial Development Advisory Board
- certain matters regarding the protection of trading and economic interests
- certain matters in relation to energy:
- the generation, transmission, distribution and supply of electricity (except Part I of the Environmental Protection Act 1990)
- oil and gas (except for credits and grants for construction of ships and offshore installations; most of the provisions of the Offshore Petroleum Development (Scotland) Act 1975; Part I of the Environmental Protection Act 1990; the manufacture of gas; and the conveyance, shipping and supply of gas other than through pipes)
- coal, including its ownership and exploitation, deep and opencast coal mining and coal mining subsidence (except Part I of the Environmental Protection Act 1990; environmental duties in connection with planning; and obligation to restore land affected by coal-mining operations)
- nuclear energy and nuclear installations (except Part I of the Environmental Protection Act 1990; and the Radioactive Substances Act 1993)
- energy conservation (except the subject-matter of Section 9 of the Energy Act 1976; and the encouragement of energy efficiency other than by prohibition or regulation
- certain matters in relation to road, rail, marine and air transport; and the transport of radioactive material
- certain matters in relation to social security:
- schemes supported from central or local funds which provide assistance for social security purposes to individuals by way of benefits (with certain exceptions, eg. Social Work, payments towards maintenance of children, industrial injuries benefit, assistance to children and young people in need)
- child support (except for aliment)
- the regulation of occupational pension schemes and personal pension schemes, including the obligations of the trustees or managers of such schemes
- war pensions: 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
- regulation of certain professions:
- architects
- health professions: including medical practitioners, pharmacists, paramedics, veterinary surgeons, dentists, opticians, osteopaths, chiropractors, nurses, midwifes and health visitors
- auditors
- certain matters in relation to employment rights and duties and industrial relations
- common markets
- trade and industry, including competition and customer protection
- drugs law
- broadcasting
- some aspects of transport, including aviation, railways, transport safety and regulation
- employment legislation and health and safety
- social security
- data protection
- medicines, abortion, human fertilisation and embryology, genetics, xenotransplantation and vivisection
- equal opportunities
- regulation of time zones and Summer Time [2]
[edit] Executive powers
The executive powers of Ministers of the Scottish Executive generally follows the same boundaries as the legislative competence of the Scottish Parliament - if the Parliament can legislate about a matter, then any Ministerial powers under statute or the prerogative are exercised by the Scottish Ministers. However it is also possible for the Scottish Ministers to be given powers in relation to reserved matters, a process known as executive devolution.
The reserved matters continue to be controversial in some quarters, and there are certain conflicts/anomalies, for example, while the funding of Scottish Gaelic television is controlled by the Scottish Executive, broadcasting is a reserved matter.
