Scotland Act 1998

Scotland Act 1998

1998 Chapter 46 - continued

SCHEDULE 5, RESERVED MATTERS - continued

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PART II

SPECIFIC RESERVATIONS

Preliminary

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

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

    3. Any 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).

Reservations

Head A - Financial and Economic Matters

    A1. Fiscal, economic and monetary policy 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.

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

    A2. The currency Coinage, legal tender and bank notes.

    A3. Financial services 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 markets Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.

    A5. Money laundering The subject-matter of the Money Laundering Regulations 1993, but in relation to any type of business.

Head B - Home Affairs

    B1. Misuse of drugs 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 protection 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. Elections Elections for membership of the House of Commons, the European Parliament and the Parliament, including the subject-matter of-

(a) the European Parliamentary Elections Act 1978,

(b) the Representation of the People Act 1983 and the Representation of the People Act 1985, and

(c) the Parliamentary Constituencies Act 1986,

so far as those enactments apply, or may be applied, in respect of such membership.

     The franchise at local government elections.

    B4. Firearms The subject-matter of the Firearms Acts 1968 to 1997.

    B5. Entertainment The subject-matter of-

(a) the Video Recordings Act 1984, and

(b) sections 1 to 3 and 5 to 16 of the Cinemas Act 1985 (control of exhibitions).

     The classification of films for public exhibition by reference to their suitability for viewing by persons generally or above a particular age, with or without any advice as to the desirability of parental guidance.

    B6. Immigration and nationality 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 animals The subject-matter of the Animals (Scientific Procedures) Act 1986.

    B8. National security, interception of communications, official secrets and terrorism National security.

     The interception of communications; but not the subject-matter of Part III of the Police Act 1997 (authorisation to interfere with property etc.) or surveillance not involving interference with property.

     The subject-matter of-

(a) the Official Secrets Acts 1911 and 1920, and

(b) the Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4.

     Special powers, and other special provisions, for dealing with terrorism.

    B9. Betting, gaming and lotteries Betting, gaming and lotteries.

    B10. Emergency powers Emergency powers.

    B11. Extradition Extradition.

    B12. Lieutenancies The subject-matter of the Lieutenancies Act 1997.

Head C - Trade and Industry

    C1. Business associations 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. Insolvency In relation to business associations-

(a) the modes of, the grounds for and the general legal effect of winding up, and the persons who may initiate winding up,

(b) liability to contribute to assets on winding up,

(c) powers of courts in relation to proceedings for winding up, other than the power to sist proceedings,

(d) arrangements with creditors, and

(e) procedures giving protection from creditors.

     Preferred or preferential debts for the purposes of the Bankruptcy (Scotland) Act 1985, the Insolvency Act 1986, and any other enactment relating to the sequestration of the estate of any person or to the winding up of business associations, the preference of such debts against other such debts and the extent of their preference over other types of debt.

     Regulation of insolvency practitioners.

     Co-operation of insolvency courts.

Exceptions      In relation to business associations-

(a) the process of winding up, including the person having responsibility for the conduct of a winding up or any part of it, and his conduct of it or of that part,

(b) the effect of winding up on diligence, and

(c) avoidance and adjustment of prior transactions on winding up.

     Floating charges and receivers, except in relation to preferential debts, regulation of insolvency practitioners and co-operation of insolvency courts.

Interpretation      "Business association" has the meaning given in Section C1 of this Part of this Schedule, but does not include any person whose estate may be sequestrated under the Bankruptcy (Scotland) Act 1985 or any public body established by or under an enactment.

     "Winding up", in relation to business associations, includes winding up of solvent, as well as insolvent, business associations.

    C3. Competition 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 property 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 control The subject-matter of the Import, Export and Customs Powers (Defence) Act 1939.

     Prohibition and regulation of the import and export of endangered species of animals and plants.

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 for the purposes of protecting human, animal or plant health or the environment.

    C6. Sea fishing 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 protection Regulation of-

(a) the sale and supply of goods and services to consumers,

(b) guarantees in relation to such goods and services,

(c) hire-purchase, including the subject-matter of Part III of the Hire-Purchase Act 1964,

(d) trade descriptions, except in relation to food,

(e) misleading and comparative advertising, except regulation specifically in relation to food, tobacco and tobacco products,

(f) price indications,

(g) trading stamps,

(h) auctions and mock auctions of goods and services, and

(i) hallmarking and gun barrel proofing.

     Safety of, and liability for, services supplied to consumers.

     The subject-matter of-

(a) the Hearing Aid Council Act 1968,

(b) the Unsolicited Goods and Services Acts 1971 and 1975,

(c) Parts I to III and XI of the Fair Trading Act 1973,

(d) the Consumer Credit Act 1974,

(e) the Estate Agents Act 1979,

(f) the Timeshare Act 1992,

(g) the Package Travel, Package Holidays and Package Tours Regulations 1992, and

(h) the Commercial Agents (Council Directive) Regulations 1993.

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

    C8. Product standards, safety and liability Technical standards and requirements in relation to products in pursuance of an obligation under Community law.

     Product safety and liability.

     Product labelling.

Exceptions      Food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides.

     In relation to food safety, materials which come into contact with food.

    C9. Weights and measures Units and standards of weight and measurement.

     Regulation of trade so far as involving weighing, measuring and quantities.

    C10. Telecommunications and wireless telegraphy Telecommunications and wireless telegraphy.

     Internet services.

     Electronic encryption.

     The subject-matter of Part II of the Wireless Telegraphy Act 1949 (electromagnetic disturbance).

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

    C11. Post Office, posts and postal services The Post Office, posts (including postage stamps, postal orders and postal packets) and regulation of postal services.

    C12. Research Councils Research Councils within the meaning of the Science and Technology Act 1965.

     The subject-matter of section 5 of that Act (funding of scientific research) so far as relating to Research Councils.

    C13. Designation of assisted areas The subject-matter of section 1 of the Industrial Development Act 1982.

    C14. Industrial Development Advisory Board The Industrial Development Advisory Board.

    C15. Protection of trading and economic interests 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 - Energy

    D1. Electricity Generation, transmission, distribution and supply of electricity.

     The subject-matter of Part II of the Electricity Act 1989.

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

    D2. Oil and gas 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      The subject-matter of-

(a) sections 10 to 12 of the Industry Act 1972 (credits and grants for construction of ships and offshore installations),

(b) the Offshore Petroleum Development (Scotland) Act 1975, other than sections 3 to 7, and

(c) Part I of the Environmental Protection Act 1990.

     The manufacture of gas.

     The conveyance, shipping and supply of gas other than through pipes.

    D3. Coal 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 energy Nuclear energy and nuclear installations, including-

(a) nuclear safety, security and safeguards, and

(b) liability for nuclear occurrences.

Exceptions      The subject-matter of-

(a) Part I of the Environmental Protection Act 1990, and

(b) the Radioactive Substances Act 1993.

    D5. Energy conservation 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 - Transport

    E1. Road transport The subject-matter of-

(a) the Motor Vehicles (International Circulation) Act 1952,

(b) the Public Passenger Vehicles Act 1981 and the Transport Act 1985, so far as relating to public service vehicle operator licensing,

(c) section 17 (traffic regulation on special roads), section 25 (pedestrian crossings), Part V (traffic signs) and Part VI (speed limits) of the Road Traffic Regulation Act 1984,

(d) the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988,

(e) the Vehicle Excise and Registration Act 1994,

(f) the Road Traffic (New Drivers) Act 1995, and

(g) the Goods Vehicles (Licensing of Operators) Act 1995.

     Regulation of proper hours or periods of work by persons engaged in the carriage of passengers or goods by road.

     The conditions under which international road transport services for passengers or goods may be undertaken.

     Regulation of the instruction of drivers of motor vehicles.

Exceptions      The subject-matter of sections 39 and 40 (road safety information and training) and 157 to 159 (payments for treatment of traffic casualties) of the Road Traffic Act 1988.

    E2. Rail transport Provision and regulation of railway services.

     Rail transport security.

     The subject-matter of the Channel Tunnel Act 1987.

     The subject-matter of the Railway Heritage Act 1996.

Exceptions      Grants so far as relating to railway services; but this exception does not apply in relation to-

(a) the subject-matter of section 63 of the Railways Act 1993 (government financial assistance where railway administration orders made),

(b) "railway services" as defined in section 82(1)(b) of the Railways Act 1993 (carriage of goods by railway), or

(c) the subject-matter of section 136 of the Railways Act 1993 (grants and subsidies).

Interpretation      "Railway services" has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of "railway" given by section 81(2) of that Act).

    E3. Marine transport The subject-matter of-

(a) the Coastguard Act 1925,

(b) the Hovercraft Act 1968, except so far as relating to the regulation of noise and vibration caused by hovercraft,

(c) the Carriage of Goods by Sea Act 1971,

(d) section 2 of the Protection of Wrecks Act 1973 (prohibition on approaching dangerous wrecks),

(e) the Merchant Shipping (Liner Conferences) Act 1982,

(f) the Dangerous Vessels Act 1985,

(g) the Aviation and Maritime Security Act 1990, other than Part I (aviation security),

(h) the Carriage of Goods by Sea Act 1992,

(i) the Merchant Shipping Act 1995,

(j) the Shipping and Trading Interests (Protection) Act 1995, and

(k) sections 24 (implementation of international agreements relating to protection of wrecks), 26 (piracy) and 27 and 28 (international bodies concerned with maritime matters) of the Merchant Shipping and Maritime Security Act 1997.

     Navigational rights and freedoms.

     Financial assistance for shipping services which start or finish or both outside Scotland.

Exceptions      Ports, harbours, piers and boatslips, except in relation to the matters reserved by virtue of paragraph (d), (f), (g) or (i).

     Regulation of works which may obstruct or endanger navigation.

     The subject-matter of the Highlands and Islands Shipping Services Act 1960 in relation to financial assistance for bulk freight services.

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© Crown copyright 1998
Prepared 7 December 1998