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SCHEDULES

SCHEDULE 5U.K. Reserved matters

Part IIU.K. Specific reservations

PreliminaryU.K.

1The matters to which any of the Sections in this Part apply are reserved matters for the purposes of this Act.

2A Section applies to any matter described or referred to in it when read with any illustrations, exceptions or interpretation provisions in that Section.

3Any 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).

ReservationsU.K.

Head A – Financial and Economic MattersU.K.

A1. Fiscal, economic and monetary policyU.K.

Section A1.

Fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.

[F1Exceptions

Devolved taxes, including their collection and management.]

Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).

Textual Amendments

F1 Words in Sch. 5 Pt. II substituted (1.7.2012) by Scotland Act 2012 (c. 11) , ss. 23(5) , 44(2)(b)

A2. The currencyU.K.

Section A2.

Coinage, legal tender and bank notes.

A3. Financial servicesU.K.

Section A3.

Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.

Exception

The subject-matter of section 1 of the Banking and Financial Dealings Act 1971 (bank holidays).

A4. Financial marketsU.K.

Section A4.

Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.

A5. Money launderingU.K.

Section A5.

The subject-matter of the Money Laundering Regulations 1993, but in relation to any type of business.

Head B – Home AffairsU.K.

B1. Misuse of drugsU.K.

Section B1.

The subject-matter of—

(a)

the Misuse of Drugs Act 1971,

(b)

sections 12 to 14 of the Criminal Justice (International Co-operation) Act 1990 (substances useful for manufacture of controlled drugs), and

(c)

Part V of the Criminal Law (Consolidation) (Scotland) Act 1995 (drug trafficking) and, so far as relating to drug trafficking, the Proceeds of Crime (Scotland) Act 1995.

B2. Data protectionU.K.

Section B2.

The subject-matter of—

(a)

the Data Protection Act 1998, and

(b)

Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and on the free movement of such data).

Interpretation

If any provision of the Data Protection Act 1998 is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were.

B3. ElectionsU.K.

[F2(A) Elections for membership of the House of Commons and the European Parliament]

Section B3.

[F6(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—

(a)

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

(i)

elections for membership of the Parliament, or

(ii)

local government elections in Scotland, and

(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—

(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

(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—

(a)

section 1, except in relation to—

(i)

financing the Electoral Commission,

(ii)

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

(iii)

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

(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),

(c)

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

(d)

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

(e)

sections 157 and 159 to 163, and

(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.]

Textual Amendments

F2Words in Sch. 5 Pt. II s. B3 inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(2), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)

F3Words in Sch. 5 Pt. II s. B3 substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)

F4 Sch. 5 Pt. II Section B3: para. (a) substituted (24.10.2002) by European Parliamentary Elections Act 2002 (c. 24) , s. 15 {Sch. 3 para. 7(3)}

F5Words in Sch. 5 Pt. II s. B3 omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 3(4), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)

F6Words in Sch. 5 Pt. II s. B3 inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(4), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)

F11 Sch. 5 Pt. II Section B3: words added (17.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 2

F12Words in Sch. 5 Pt. II s. B3 omitted (18.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 3(5), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)

F13Words in Sch. 5 Pt. II s. B3 inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 3(5), 72(4)(a); S.I. 2017/608, reg. 2(1)(a)

B4. FirearmsU.K.

Section B4.

The subject-matter of the Firearms Acts 1968 to 1997.

[F14Exception

The regulation of air weapons within the meaning given by section 1(3)(b) of the Firearms Act 1968 (which is subject to the following which remain powers of the Secretary of State—

(a)

the power to make rules under section 53 of that Act for the purposes of that provision (specially dangerous weapons requiring firearms certificate), and

(b)

the power to make an order under section 1(4) of the Firearms (Amendment) Act 1988 (specially dangerous weapons to be prohibited)).]

Textual Amendments

F14 Words in Sch. 5 Pt. II inserted (3.7.2012) by Scotland Act 2012 (c. 11) , ss. 10 , 44(5) ; S.I. 2012/1710 , art. 2(e)

B5. EntertainmentU.K.

Section B5.

B6. Immigration and nationalityU.K.

Section B6.

Nationality; immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents.

B7.Scientific procedures on live animalsU.K.

Section B7.

The subject-matter of the Animals (Scientific Procedures) Act 1986.

B8. National security, interception of communications, official secrets and terrorismU.K.

Section B8.

[F16 Interpretation

  • “Place of detention” means a prison, young offenders institution, remand centre or legalised police cell (as those expressions are defined for the purposes of the Prisons (Scotland) Act 1989 or a hospital (within the meaning of the [F17 given in section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003]; and “person detained”, in relation to a hospital, means a person detained there[F18 under–

    (a)

    section 24, 25 or 70 of the Mental Health (Scotland) Act 1984;

    (b)

    Part 6 of the Criminal Procedure (Scotland) Act 1995;

    (c)

    the Mental Health (Care and Treatment) (Scotland) Act 2003; or

    (d)

    regulations under–

    (i)

    subsection (3) of section 116B of the Army Act 1955;

    (ii)

    subsection (3) of section 116B of the Air Force Act 1955; or

    (iii)

    section 63B of the Naval Discipline Act 1957.]

  • [F19Private telecommunication system ” has the meaning given in [F20section 261(14) of the Investigatory Powers Act 2016] . ]

Textual Amendments

F15 Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by S.I. 1999/1749 , arts. 1 , 4(1) ; S.I. 1998/3178 , art. 3

F17 Sch. 5 Pt. II Section B8: words in definition of "Place of detention" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866) , art. 2(2)

F18 Sch. 5 Pt. II Section B8: words in definition of "person detained" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866) , art. 2(3)

F19 Sch. 5 Pt.II Section B8: definition of "Private telecommunication system" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866) , art. 2(4)

F20Words in Sch. 5 Pt. II s. B8 substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 41 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

B9. Betting, gaming and lotteriesU.K.

Section B9.

Betting, gaming and lotteries.

[F21Exception

In the case of a betting premises licence under the Gambling Act 2005, other than one in respect of a track, the number of gaming machines authorised for which the maximum charge for use is more than £10 (or whether such machines are authorised).]

Textual Amendments

F15 Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by S.I. 1999/1749 , arts. 1 , 4(1) ; S.I. 1998/3178 , art. 3

F21 Words in Sch. 5 Pt. II Section B9 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 52(1) , 72(7) (with s. 52(6) )

B10. Emergency powersU.K.

Section B10.

Emergency powers.

Textual Amendments

F15 Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by S.I. 1999/1749 , arts. 1 , 4(1) ; S.I. 1998/3178 , art. 3

B11. ExtraditionU.K.

Section B11.

Extradition.

Textual Amendments

F15 Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by S.I. 1999/1749 , arts. 1 , 4(1) ; S.I. 1998/3178 , art. 3

B12. LieutenanciesU.K.

Section B12.

The subject-matter of the Lieutenancies Act 1997.

Textual Amendments

F15 Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by S.I. 1999/1749 , arts. 1 , 4(1) ; S.I. 1998/3178 , art. 3

[F22B13. Access to informationU.K.

Public access to information held by public bodies or holders of public offices (including government departments and persons acting on behalf of the Crown).

Exception

Information held by–

(a)

the Parliament,

(b)

any part of the Scottish Administration,

(c)

the Parliamentary corporation,

(d)

any Scottish public authority with mixed functions or no reserved functions,

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

Textual Amendments

F15 Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by S.I. 1999/1749 , arts. 1 , 4(1) ; S.I. 1998/3178 , art. 3

F22 Sch. 5 Pt. II Section B13 inserted (1.7.1999) by S.I. 1999/1749 , arts. 1 , 5 ; S.I. 1998/3178 , art. 3

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

F23 Words in Sch. 5 Pt. 2 Section C2 inserted (12.4.2001) by S.I. 2001/1456 , art. 2(1)

F24 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)

F25 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 [F26(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.

[F27Interpretation

Textual Amendments

F26 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.

[F29Exceptions]

[F30The 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

F29 Heading in Sch. 5 Pt. 2 Section C7 substituted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(2)(a) , 72(7)

F30 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

[F36Interpretation

Textual Amendments

F32 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

F33 Words in Sch. 5 Pt. 2 s. C8 inserted (14.12.2000) by S.I. 2000/3252 , art. 5

F34 Words in Sch. 5 Pt. 2 Section C8 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(3) , 72(7)

F35 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.

[F37Exceptions

Textual Amendments

F37 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.).

[F38C11 PostsU.K.

[F39Exceptions]

Interpretation

Textual Amendments

F38 Sch. 5 Pt. 2 Section C11 substituted (14.12.2000) by S.I. 2000/3252 , art. 2(1)

F39 Heading in Sch. 5 Pt. 2 Section C11 substituted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(5)(a) , 72(7)

F40 Words in Sch. 5 Pt. 2 Section C11 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(5)(b) , 72(7)

F41 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. [F42United Kingdom Research and Innovation and] Research Councils U.K.

[F43United 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.

Head D – EnergyU.K.

D1. ElectricityU.K.

Section D1.

[F49Exceptions]

The subject-matter of Part I of the Environmental Protection Act 1990.

[F50The 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 persons supplying, generating, transmitting or distributing electricity. ]

Textual Amendments

F49 Heading in Sch. 5 Pt. II Section D1 substituted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(6)(a) , 72(7)

F50 Words in Sch. 5 Pt. II Section D1 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(6)(b) , 72(7)

D2. Oil and gasU.K.

Section

Oil and gas, including—

(a)

the ownership of, exploration for and exploitation of deposits of oil and natural gas,

(b)

the subject-matter of section 1 of the Mineral Exploration and Investment Grants Act 1972 (contributions in connection with mineral exploration) so far as relating to exploration for oil and gas,

(c)

offshore installations and pipelines,

(d)

the subject-matter of the Pipe-lines Act 1962 (including section 5 (deemed planning permission)) so far as relating to pipelines within the meaning of section 65 of that Act,

(e)

the application of Scots law and the jurisdiction of the Scottish courts in relation to offshore activities,

(f)

pollution relating to oil and gas exploration and exploitation, but only outside controlled waters (within the meaning of section 30A(1) of the Control of Pollution Act 1974),

(g)

the subject-matter of Part II of the Food and Environment Protection Act 1985 so far as relating to oil and gas exploration and exploitation, but only in relation to activities outside such controlled waters,

(h)

restrictions on navigation, fishing and other activities in connection with offshore activities,

(i)

liquefaction of natural gas, and

(j)

the conveyance, shipping and supply of gas through pipes.

Exceptions

[F53Interpretation

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.]

Textual Amendments

F51Words in Sch. 5 Pt. II s. D2 inserted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 47(2), 72(4)(c); S.I. 2018/163, reg. 2(a)

F52 Words in Sch. 5 Pt. II Section D2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(7) , 72(7)

F53Words in Sch. 5 Pt. II s. D2 inserted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 47(3), 72(4)(c); S.I. 2018/163, reg. 2(a)

D3. CoalU.K.

Section D3.

Coal, including its ownership and exploitation, deep and opencast coal mining and coal mining subsidence.

Exceptions

The subject-matter of—

(a)

Part I of the Environmental Protection Act 1990, and

(b)

sections 53 (environmental duties in connection with planning) and 54 (obligation to restore land affected by coal-mining operations) of the Coal Industry Act 1994.

D4. Nuclear energyU.K.

Section D4.

Nuclear energy and nuclear installations, including—

(a)

nuclear safety, security and safeguards, and

(b)

liability for nuclear occurrences.

[F54The Office for Nuclear Regulation.]

Exceptions

The subject-matter of—

(a)

Part I of the Environmental Protection Act 1990, and

(b)

the Radioactive Substances Act 1993.

Textual Amendments

F54 Words in Sch. 5 Pt. II s. D4 inserted (10.3.2014) by Energy Act 2013 (c. 32) , s. 156(1) , Sch. 12 para. 72 ; S.I. 2014/251 , art. 3(f)(iii)

D5. Energy conservationU.K.

Section D5.

The subject-matter of the Energy Act 1976, other than section 9.

Exception

The encouragement of energy efficiency other than by prohibition or regulation.

Head E – TransportU.K.

E1. Road transportU.K.

Section E1.

Exceptions

The subject-matter of sections [F5736 (offence of failing to comply with traffic sign), ] 39 and 40 (road safety information and training) and 157 to 159 (payments for treatment of traffic casualties) of the Road Traffic Act 1988.

[F58The subject-matter of the Road Traffic Act 1988 so far as relating to the regulation of the description, by reference to their construction and equipment, of motor vehicles and trailers which may be used under arrangements for persons to travel to and from the places where they receive education or training, but not the setting of technical standards for the construction or equipment of such motor vehicles or trailers different from the standards that might otherwise apply to them.]

[F59Interpretation

The reference to the subject-matter of section 87 of the Road Traffic Regulation Act 1984 is to be construed as a reference to it as substituted by section 19 of the Road Safety Act 2006 as at the date when section 40 of the Scotland Act 2016 comes into force, treating section 19 and any amendment affecting it at that date as if they were in force (and, accordingly, paragraph 5(1) of Part 3 of this Schedule does not apply to that reference).]

Textual Amendments

F55 Words in Sch. 5 Pt. II Section E1 substituted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 40(2) , 72(7)

F56 Words in Sch. 5 Pt. II Section E1 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 40(3) , 72(7)

F57 Words in Sch. 5 Pt. II Section E1 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 40(4) , 72(7)

F58 Words in Sch. 5 Pt. II Section E1 inserted (11.6.2015) by The Scotland Act 1998 (Modification of Schedule 5) Order 2015 (S.I. 2015/1379) , arts. 1(2) , 2

F59 Words in Sch. 5 Pt. II Section E1 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 40(5) , 72(7)

E2. Rail transportU.K.

Section E2.

Exceptions

Interpretation

Textual Amendments

F60 Sch. 5 Pt. II Section E2: paragraph inserted (14.12.2000) by S.I. 2000/3252 , art. 3(1)

F61 Sch. 5 Pt. II Section E2: paragraph inserted (14.12.2000) by S.I. 2000/3252 , art. 3(2)

F62 Sch. 5 Pt. II Section E2: words in third exception substituted (17.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 4(a)

F63 Sch. 5 Pt. II Section E2: paragraph inserted (27.6.2002) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2002 (S.I. 2002/1629) , art. 2(a)

F64 Words in Sch. 5 Pt. II Section E2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 45(2) , 72(7)

F65 Sch. 5 Pt. II Section E2: definition of "railway" inserted (27.6.2002) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2002 (S.I. 2002/1629) , art. 2(b)

F66 Words in Sch. 5 Pt. II Section E2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 45(3) , 72(7)

F67 Sch. 5 Pt. II Section E2: definition of "relevant authority" added (18.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 4(b)

E3. Marine transportU.K.

Section E3.

Exceptions

E4. Air transportU.K.

Section E4.

Regulation of aviation and air transport, including the subject-matter of—

(a)

the Carriage by Air Act 1961,

(b)

the Carriage by Air (Supplementary Provisions) Act 1962,

(c)

the Carriage by Air and Road Act 1979 so far as relating to carriage by air,

(d)

the Civil Aviation Act 1982,

(e)

the Aviation Security Act 1982,

(f)

the Airports Act 1986, and

(g)

sections 1 (endangering safety at aerodromes) and 48 (powers in relation to certain aircraft) of the Aviation and Maritime Security Act 1990,

and arrangements to compensate or repatriate passengers in the event of an air transport operator’s insolvency.

Exceptions

Textual Amendments

F68 Paragraph in Sch. 5 Pt. II Section E4 inserted (14.12.2000) by S.I. 2000/3252 , art. 3(3)

E5. Other mattersU.K.

Section E5.

Transport of radioactive material.

Interpretation

Radioactive material ” has the same meaning as in section 1(1) of the Radioactive Material (Road Transport) Act 1991.

Head F – Social SecurityU.K.

F1. Social security schemesU.K.

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.

Illustrations

National Insurance; Social Fund; F69... recovery of benefits for accident, injury or disease from persons paying damages; deductions from benefits for the purpose of meeting an individual’s debts; sharing information between government departments for the purposes of the enactments relating to social security; making decisions for the purposes of schemes mentioned in the reservation and appeals against such decisions.

Exceptions

[F70Exception 1

Any of the following benefits—

(a)

disability benefits, other than severe disablement benefit or industrial injuries benefits,

(b)

severe disablement benefit, so far as payable in respect of a relevant person, and

(c)

industrial injuries benefits, so far as relating to relevant employment or to participation in training for relevant employment;

but this exception does not except a benefit which is, or which is an element of, an excluded benefit.

Exception 2

Carer's benefits, other than a benefit which is, or which is an element of, an excluded benefit. ]

[F71Exception 3]

The subject-matter of Part II of the Social Work (Scotland) Act 1968 (social welfare services), section 2 of the Chronically Sick and Disabled Persons Act 1970 (provision of welfare services), section 50 of the Children Act 1975 (payments towards maintenance of children), section 15 of the Enterprise and New Towns (Scotland) Act 1990 (industrial injuries benefit), and sections 22 (promotion of welfare of children in need), 29 and 30 (advice and assistance for young persons formerly looked after by local authorities) of the Children (Scotland) Act 1995.

[F72Exception 4

Providing financial or other assistance for the purposes of meeting or reducing—

(a)

maternity expenses,

(b)

funeral expenses, or

(c)

expenses for heating in cold weather.]

[F73Exception 5

Providing financial assistance to an individual who—

(a)

is entitled to a reserved benefit, and

(b)

appears to require financial assistance, in addition to any amount the individual receives by way of reserved benefit, for the purpose, or one of the purposes, for which the benefit is being provided.

This exception does not except discretionary financial assistance in a reserved benefit.

This exception also does not except providing financial assistance to meet or help to meet housing costs (as to which, see exception 6).

This exception also does not except providing financial assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—

(a)

the requirement for it also arises from some exceptional event or exceptional circumstances, and

(b)

the requirement for it is immediate.

For the purposes of this exception “reserved benefit” means a benefit which is to any extent a reserved matter.]

[F74Exception 6

Providing financial assistance to an individual who—

(a)

is entitled to—

(i)

housing benefit, or

(ii)

any other reserved benefit payable in respect of a liability to make rent payments, and

(b)

appears to require financial assistance, in addition to any amount the individual receives by way of housing benefit or such other reserved benefit, to meet or help to meet housing costs.

This exception does not except discretionary financial assistance in a reserved benefit.

This exception also does not except providing financial assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—

(a)

the requirement for it also arises from some exceptional event or exceptional circumstances, and

(b)

the requirement for it is immediate.

For the purposes of this exception—

  • rent payments”—

    (a)

    has the meaning given from time to time by paragraph 2 of Schedule 1 to the Universal Credit Regulations 2013 (S.I. 2013/376) or any re-enactment of that paragraph, or

    (b)

    if at any time universal credit ceases to be payable to anyone, has the meaning given by that paragraph or any re-enactment of that paragraph immediately before that time;

  • reserved benefit” means a benefit which is to any extent a reserved matter.]

[F75Exception 7

Providing financial or other assistance to or in respect of individuals who appear to require it for the purposes of meeting, or helping to meet, a short-term need that requires to be met to avoid a risk to the well-being of an individual.

This exception does not except providing assistance where the requirement for it arises from reduction, non-payability or suspension of a benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—

(a)

the requirement for it also arises from some exceptional event or exceptional circumstances, and

(b)

the need is immediate as well as short-term.

Exception 8

Providing occasional financial or other assistance to or in respect of individuals who have been or might otherwise be—

(a)

in prison, hospital, a residential care establishment or other institution, or

(b)

homeless or otherwise living an unsettled way of life,

and who appear to require the assistance to establish or maintain a settled home.]

[F76 Exception 9

The subject-matter of section 13 of the Social Security Act 1988 (benefits under schemes for improving nutrition: pregnant women, mothers and children).]

[F77Exception 10

Schemes which provide assistance for social security purposes to or in respect of individuals by way of benefits and which—

(a)

are supported from sums paid out of the Scottish Consolidated Fund,

(b)

do not fall within exceptions 1 to 9, and

(c)

are not connected with reserved matters (other than matters reserved only by virtue of this Section).

This exception does not except providing assistance by way of pensions to or in respect of individuals who qualify by reason of old age.

This exception does not except providing assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—

(a)

the requirement for it also arises from some exceptional event or exceptional circumstances, and

(b)

the requirement for it is immediate.

For the purposes of this exception “reserved benefit” means a benefit which is to any extent a reserved matter.

In this exception the reference to schemes supported from sums paid out of the Scottish Consolidated Fund does not include schemes—

(a)

in respect of which sums are at some time paid out of the Scottish Consolidated Fund, but

(b)

which are directly supported from payments out of the Consolidated Fund, the National Insurance Fund or the Social Fund, or out of money provided by Parliament.]

[F78Exclusions from exceptions 1 to 10

Nothing in exceptions 1 to 10 is to be read as excepting—

(a)

the National Insurance Fund,

(b)

the Social Fund, or

(c)

the provision by a Minister of the Crown of assistance by way of loan for the purpose of meeting, or helping to meet, an intermittent expense.]

Interpretation

F80...

[F81The 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). ]

Textual Amendments

F69Words in Sch. 5 Pt. II repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9 10 Sch. 5)

F70Words in Sch. 5 Pt. II s. F1 inserted (17.5.2017) by Scotland Act 2016 (c. 11), ss. 22(2), 72(4)(b); S.I. 2017/455, reg. 2(a)(ii)

F71 Words in Sch. 5 Pt. II s. F1 inserted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 22(3) , 72(4)(b) ; S.I. 2016/759 , reg. 3(a)(ii)

F72Words in Sch. 5 Pt. II s. F1 inserted (17.5.2017) by Scotland Act 2016 (c. 11), ss. 23(2), 72(4)(b); S.I. 2017/455, reg. 2(b)(ii)

F73 Words in Sch. 5 Pt. II s. F1 inserted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 24 , 72(4)(b) ; S.I. 2016/759 , reg. 3(c)

F74Words in Sch. 5 Pt. II s. F1 inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 25, 72(4)(b); S.I. 2016/759, reg. 4

F75 Words in Sch. 5 Pt. II s. F1 substituted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 26 , 72(4)(b) ; S.I. 2016/759 , reg. 3(d)

F76Words in Sch. 5 Pt. II s. F1 inserted (8.2.2019) by Scotland Act 2016 (c. 11), ss. 27(2), 72(4)(b); S.I. 2018/1364, reg. 2

F77 Words in Sch. 5 Pt. II s. F1 inserted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 28(2) , 72(4)(b) ; S.I. 2016/759 , reg. 3(e)

F78 Words in Sch. 5 Pt. II s. F1 substituted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 23(3) , 72(4)(b) ; S.I. 2016/759 , reg. 3(b)(ii) (with saving in S.I. 2016/761 , art. 2 )

F79Words in Sch. 5 Pt. II s. F1 inserted (17.5.2017) by Scotland Act 2016 (c. 11), ss. 22(4), 72(4)(b); S.I. 2017/455, reg. 2(a)(ii)

F80Words in Sch. 5 Pt. II s. F1 omitted (17.5.2017) by virtue of Scotland Act 2016 (c. 11), ss. 23(4), 72(4)(b); S.I. 2017/455, reg. 2(b)(ii)

F81Words in Sch. 5 Pt. II s. F1 inserted (8.2.2019) by Scotland Act 2016 (c. 11), ss. 27(3), 72(4)(b); S.I. 2018/1364, reg. 2

F2. Child supportU.K.

Section F2.

The subject-matter of the Child Support Acts 1991 and 1995.

Exception

The subject-matter of sections 1 to 7 of the Family Law (Scotland) Act 1985 (aliment).

Interpretation

If section 30(2) of the Child Support Act 1991 (collection of payments other than child support maintenance) is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were.

F3. Occupational and personal pensionsU.K.

Section F3.

Interpretation

Pension” includes gratuities and allowances.

F4. War pensionsU.K.

Section F4.

Illustration

The provision of pensions under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.

Interpretation

Pension” includes grants, allowances, supplements and gratuities.

Head G – Regulation of the ProfessionsU.K.

G1. ArchitectsU.K.

Section G1.

Regulation of the profession of architect.

G2. Health professionsU.K.

Section G2.

Regulation of the health professions.

Exceptions

The subject-matter of—

(a)

section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners), and

(b)

section 25 of that Act (arrangements for the provision of general dental services), so far as it relates to vocational training and disciplinary proceedings.

Interpretation

The health professions ” means the professions regulated by—

(a)

the Pharmacy Act 1954,

(b)

the Professions Supplementary to Medicine Act 1960,

(c)

the Veterinary Surgeons Act 1966,

(d)

the Medical Act 1983,

(e)

the Dentists Act 1984,

(f)

the Opticians Act 1989,

(g)

the Osteopaths Act 1993,

(h)

the Chiropractors Act 1994, and

(i)

the Nurses, Midwives and Health Visitors Act 1997.

G3. AuditorsU.K.

Section G3.

Regulation of the profession of auditor.

Head H – EmploymentU.K.

H1. Employment and industrial relationsU.K.

Section H1.

Employment rights and duties and industrial relations, including the subject-matter of—

(a)

the Employers’ Liability (Compulsory Insurance) Act 1969,

(b)

the Employment Agencies Act 1973,

(c)

the Pneumoconiosis etc. (Workers’ Compensation) Act 1979,

(d)

the Transfer of Undertakings (Protection of Employment) Regulations 1981,

(e)

the Trade Union and Labour Relations (Consolidation) Act 1992,

(f)

[F82the Employment Tribunals Act 1996],

(g)

the Employment Rights Act 1996, and

(h)

the National Minimum Wage Act 1998.

Exception

The subject-matter of the Agricultural Wages (Scotland) Act 1949.

Textual Amendments

F82 Words in Sch. 5 Pt. II Section H1 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

H2. Health and safetyU.K.

Section H2.

Interpretation

For the purposes of the reservation of the subject-matter of Part I of the Health and Safety at Work etc. Act 1974–

(a)“work” and “at work” in that Part are to be taken to have the meaning they have on the principal appointed day;

(b)that subject-matter includes–

(i)process fire precautions;

(ii)fire precautions in relation to petroleum and petroleum spirit; [F84 and]

(iii)fire safety on F85. . . ships and hovercraft, in mines and on offshore installations; F86. . .

F86(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but does not include any other aspect of fire safety.]

Textual Amendments

F83 Sch. 5 Pt II Section H2: words substituted (1.7.1999) by S.I. 1999/1749, arts. 1, 6(1); S.I. 1998/3178, art. 3

F84 Sch. 5 Pt. 2 Section H2: word in para. (b)(ii) inserted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(a)

F85 Sch. 5 Pt. 2 Section H2: words in para. (b)(iii) repealed (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(b)

F86 Sch. 5 Pt. 2 Section H2: para. (b)(iv) and preceding word repealed (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(c)

H3. Job search and supportU.K.

Section H3.

The subject-matter of—

(a)

the Disabled Persons (Employment) Act 1944, and

(b)

the Employment and Training Act 1973, except so far as relating to training for employment.

[F87Exceptions]

[F88Exception 1

The making by a person of arrangements for, or arrangements for the purposes of or in connection with a scheme for, any of the following purposes—

(a)

assisting disabled persons to select, obtain and retain employment;

(b)

assisting persons claiming reserved benefits who are at risk of long-term unemployment to select, obtain and retain employment, where the assistance is for at least a year;

(c)

assisting employers to obtain suitable employees who are persons referred to in paragraph (a) or (b).

The arrangements referred to in this exception include—

(a)

securing that the assistance referred to in this exception is provided by another person;

(b)

providing or arranging for the provision of facilities, support or services to any person;

(c)

the making of payments to any person.

The assistance referred to in this exception includes—

(a)

work search support,

(b)

skills training, and

(c)

work placements for the benefit of the community.

In this exception—

(a)

disabled person” has the same meaning as it has in the Equality Act 2010 as at 28 May 2015 (the date of introduction into Parliament of the Bill for the Scotland Act 2016);

(b)

reserved benefit” means a benefit which is to any extent a reserved matter. ]

[F89Exception 2]

The subject-matter of—

(a)

sections 8 to 10A of the Employment and Training Act 1973 (careers services), and

(b)

the following sections of Part I of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise and Highlands and Islands Enterprise)—

(i)

section 2(3)(c) (arrangements for the purpose of assisting persons to establish themselves as self-employed persons), and

(ii)

section 12 (disclosure of information).

Textual Amendments

F87 Words in Sch. 5 Pt. II s. H3 substituted (5.9.2016) by Scotland Act 2016 (c. 11), ss. 31(2), 72(4)(b); S.I. 2016/759, reg. 3(h)

F88 Words in Sch. 5 Pt. II s. H3 inserted (5.9.2016) by Scotland Act 2016 (c. 11), ss. 31(3), 72(4)(b); S.I. 2016/759, reg. 3(h)

F89 Words in Sch. 5 Pt. II s. H3 inserted (5.9.2016) by Scotland Act 2016 (c. 11), ss. 31(4), 72(4)(b); S.I. 2016/759, reg. 3(h)

Head J – Health and MedicinesU.K.

J1. AbortionU.K.

F90 ...

Textual Amendments

F90 Sch. 5 Pt. II Section J1 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11) , ss. 53 , 72(7)

J2. XenotransplantationU.K.

Section J2.

Xenotransplantation.

J3. Embryology, surrogacy and geneticsU.K.

Section J3.

J4. Medicines, medical supplies and poisonsU.K.

Section J4.

Interpretation

Textual Amendments

F91 Sch. 5 Pt. II s. J4(a)(aa) substituted for Sch. 5 Pt. II (13.6.2014) by The Scotland Act 1998 (Modification of Schedule 5) Order 2014 (S.I. 2014/1559) , arts. 1(2) , 5(2)

J5. Welfare foodsU.K.

F95...

Textual Amendments

Head K – Media and CultureU.K.

K1. BroadcastingU.K.

Section K1.

K2. Public lending rightU.K.

Section K2.

The subject-matter of the Public Lending Right Act 1979.

K3. Government Indemnity SchemeU.K.

Section K3.

The subject-matter of sections 16 and 16A of the National Heritage Act 1980 (public indemnities for objects on loan to museums, art galleries, etc. ).

K4. Property accepted in satisfaction of taxU.K.

Section K4.

The subject-matter of sections 8 and 9 of the National Heritage Act 1980 (payments to Inland Revenue in respect of property accepted in satisfaction of tax, and disposal of such property).

Head L – MiscellaneousU.K.

L1. Judicial remunerationU.K.

Section L1.

Determination of the remuneration of—

(a)

judges of the Court of Session,

(b)

sheriffs principal and sheriffs,

(c)

members of the Lands Tribunal for Scotland, and

(d)

the Chairman of the Scottish Land Court.

L2. Equal opportunitiesU.K.

Section L2.

Equal opportunities F96 ...

Exceptions

Interpretation

Textual Amendments

F96 Words in Sch. 5 Pt. II Section L2 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11) , ss. 37(2) , 72(7)

F97 Words in Sch. 5 Pt. II Section L2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 37(3) , 72(7)

F98 Words in Sch. 5 Pt. II Section L2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 37(4) , 72(7)

F99 Words in Sch. 5 Pt. II Section L2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 37(5) , 72(7)

L3. Control of weaponsU.K.

Section L3.

Control of nuclear, biological and chemical weapons and other weapons of mass destruction.

L4. Ordnance surveyU.K.

Section L4.

The subject-matter of the Ordnance Survey Act 1841.

L5. TimeU.K.

Section L5.

Exceptions

L6. Outer spaceU.K.

Section L6.

Regulation of activities in outer space.

[F100L7. AntarcticaU.K.

Regulation of activities in Antarctica.

InterpretationAntarctica” has the meaning given by section 1 of the Antarctic Act 1994.]

Textual Amendments

F100 Words in Sch. 5 Pt. II inserted (1.7.2012) by Scotland Act 2012 (c. 11) , ss. 11 , 44(2)(a)