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Scotland Act 1998

Exceptions

The following matters are excepted from the reservation:

  • Ports, harbours, piers and boatslips, except in relation to the matters reserved by virtue of paragraph (d), (f), (g) or (i).  The Scottish Parliament therefore has legislative competence over ports, harbours, piers and boatslips in Scotland.  The exception does not, however, extend to the reserved matters of maritime security and safety.

  • Regulation of works which may obstruct or endanger navigation.  This exception gives the Scottish Parliament legislative competence over the regulation of works which may obstruct or endanger the exercise of navigational rights and freedoms.  The general reservations relating to oil and gas (Section D2) and telecommunications (Section C10) mean, however, that consents for works related to those industries will be reserved matters.

  • The subject-matter of the Highlands and Islands Shipping Services Act 1960 in relation to financial assistance for bulk freight services.  The 1960 Act allows for financial assistance to shipping services serving the Highlands and Islands from any port of embarkation.  The exception allows the Scottish Parliament, to continue to subsidise bulk freight shipping services between the Highlands and Islands and locations outside Scotland which are necessary for the social and economic well-being of island communities.

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