Scotland Act 1998

Scotland Act 1998

1998 Chapter 46 - continued

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SCHEDULE 5

RESERVED MATTERS

PART I

GENERAL RESERVATIONS

The Constitution

    1. The following aspects of the constitution are reserved matters, that is-

(a) the Crown, including succession to the Crown and a regency,

(b) the Union of the Kingdoms of Scotland and England,

(c) the Parliament of the United Kingdom,

(d) the continued existence of the High Court of Justiciary as a criminal court of first instance and of appeal,

(e) the continued existence of the Court of Session as a civil court of first instance and of appeal.

    2. - (1) Paragraph 1 does not reserve-

(a) Her Majesty's prerogative and other executive functions,

(b) functions exercisable by any person acting on behalf of the Crown, or

(c) any office in the Scottish Administration.

    (2) Sub-paragraph (1) does not affect the reservation by paragraph 1 of honours and dignities or the functions of the Lord Lyon King of Arms so far as relating to the granting of arms; but this sub-paragraph does not apply to the Lord Lyon King of Arms in his judicial capacity.

    (3) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate.

    (4) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.

    3. - (1) Paragraph 1 does not reserve property belonging to Her Majesty in right of the Crown or belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.

    (2) Paragraph 1 does not reserve the ultimate superiority of the Crown or the superiority of the Prince and Steward of Scotland.

    (3) Sub-paragraph (1) does not affect the reservation by paragraph 1 of-

(a) the hereditary revenues of the Crown, other than revenues from bona vacantia, ultimus haeres and treasure trove,

(b) the royal arms and standard,

(c) the compulsory acquisition of property held or used by a Minister of the Crown or government department.

    4. - (1) Paragraph 1 does not reserve property held by Her Majesty in Her private capacity.

    (2) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1873.

    5. Paragraph 1 does not reserve the use of the Scottish Seal.

Political parties

    6. The registration and funding of political parties is a reserved matter.

Foreign affairs etc.

    7. - (1) 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 are reserved matters.

    (2) Sub-paragraph (1) does not reserve-

(a) observing and implementing international obligations, obligations under the Human Rights Convention and obligations under Community law,

(b) assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies.

Public service

    8. - (1) The Civil Service of the State is a reserved matter.

    (2) Sub-paragraph (1) does not reserve the subject-matter of-

(a) Part I of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerks and procurators fiscal etc.),

(b) Part III of the Administration of Justice (Scotland) Act 1933 (officers of the High Court of Justiciary and of the Court of Session).

Defence

    9. - (1) The following are reserved matters-

(a) the defence of the realm,

(b) the naval, military or air forces of the Crown, including reserve forces,

(c) visiting forces,

(d) international headquarters and defence organisations,

(e) trading with the enemy and enemy property.

    (2) Sub-paragraph (1) does not reserve-

(a) the exercise of civil defence functions by any person otherwise than as a member of any force or organisation referred to in sub-paragraph (1)(b) to (d) or any other force or organisation reserved by virtue of sub-paragraph (1)(a),

(b) the conferral of enforcement powers in relation to sea fishing.

Treason

    10. Treason (including constructive treason), treason felony and misprision of treason are reserved matters.

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© Crown copyright 1998
Prepared 7 December 1998