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SCHEDULES

SCHEDULE 5U.K. Reserved matters

Part IIU.K. Specific reservations

Head C – Trade and IndustryU.K.

C1. Business associationsU.K.

Section C1.

The creation, operation, regulation and dissolution of types of business association.

Exceptions

The creation, operation, regulation and dissolution of—

(a)

particular public bodies, or public bodies of a particular type, established by or under any enactment, and

(b)

charities.

Interpretation

Business association” means any person (other than an individual) established for the purpose of carrying on any kind of business, whether or not for profit; and “business” includes the provision of benefits to the members of an association.

C2. InsolvencyU.K.

Section C2.

Exceptions

Interpretation

Textual Amendments

F1 Words in Sch. 5 Pt. 2 Section C2 inserted (12.4.2001) by S.I. 2001/1456 , art. 2(1)

F2 Definitions of "Social landlord", "The relevant conditions", "house" and "hostel" in Sch. 5 Pt. II Section C2 inserted (12.4.2001) by S.I. 2001/1456 , art. 2(2)

F3 Words in Sch. 5 Pt. 2 substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14) , s. 154 , Sch. 4 para. 66 (with Sch. 5 )

C3. CompetitionU.K.

Section C3.

Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.

Exception

Regulation of particular practices in the legal profession for the purpose of regulating that profession or the provision of legal services.

Interpretation

The legal profession” means advocates, solicitors and qualified conveyancers and executry practitioners within the meaning of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

C4. Intellectual propertyU.K.

Section C4.

Intellectual property.

Exception

The subject-matter of Parts I and II of the Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).

C5. Import and export controlU.K.

Section C5.

Exceptions

Prohibition and regulation of movement into and out of Scotland of—

(a)

food, animals, animal products, plants and plant products for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and

(b)

animal feeding stuffs, fertilisers and pesticides [F4(including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985)] for the purposes of protecting human, animal or plant health or the environment.

[F5Interpretation

Textual Amendments

F4 Words in Sch. 5 Pt. 2 Section C5 inserted (14.12.2000) by S.I. 2000/3252 , art. 4

C6. Sea fishingU.K.

Section C6.

Regulation of sea fishing outside the Scottish zone (except in relation to Scottish fishing boats).

Interpretation

Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging.

C7. Consumer protectionU.K.

Section C7.

[F7Exceptions]

[F8The provision of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office.]

The subject-matter of section 16 of the Food Safety Act 1990 (food safety and consumer protection).

Interpretation

Textual Amendments

F7 Heading in Sch. 5 Pt. 2 Section C7 substituted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(2)(a) , 72(7)

F8 Words in Sch. 5 Pt. 2 Section C7 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(2)(b) , 72(7)

C8. Product standards, safety and liabilityU.K.

Section C8.

Exceptions

[F14Interpretation

Textual Amendments

F10 Words in Sch. 5 Pt. 2 Section C8 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043) , arts. 3 , 6

F11 Words in Sch. 5 Pt. 2 s. C8 inserted (14.12.2000) by S.I. 2000/3252 , art. 5

F12 Words in Sch. 5 Pt. 2 Section C8 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(3) , 72(7)

F13 Words in Sch. 5 Pt. 2 Section C8 inserted (14.12.2000) by S.I. 2000/3252 , art. 4

C9. Weights and measuresU.K.

Section C9.

[F15Exceptions

Textual Amendments

F15 Words in Sch. 5 Pt. 2 Section C9 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(4) , 72(7)

C10. Telecommunications and wireless telegraphyU.K.

Section C10.

Exception

The subject-matter of Part III of the Police Act 1997 (authorisation to interfere with property etc.).

[F16C11 PostsU.K.

[F17Exceptions]

Interpretation

Textual Amendments

F16 Sch. 5 Pt. 2 Section C11 substituted (14.12.2000) by S.I. 2000/3252 , art. 2(1)

F17 Heading in Sch. 5 Pt. 2 Section C11 substituted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(5)(a) , 72(7)

F18 Words in Sch. 5 Pt. 2 Section C11 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(5)(b) , 72(7)

F19 Words in Sch. 5 Pt. 2 Section C11 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(5)(c) , 72(7)

C12. [F20United Kingdom Research and Innovation and] Research Councils U.K.

[F21United Kingdom Research and Innovation.]

Section C12.

Interpretation

C13. Designation of assisted areasU.K.

Section C13.

The subject-matter of section 1 of the Industrial Development Act 1982.

C14. Industrial Development Advisory BoardU.K.

Section C14.

The Industrial Development Advisory Board.

C15. Protection of trading and economic interestsU.K.

Section C15.

The subject-matter of—

(a)

section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (Treasury power in relation to action damaging to economic position of United Kingdom),

(b)

Part II of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and

(c)

the Protection of Trading Interests Act 1980.