The matters to which any of the Sections in this Part apply are reserved matters for the purposes of this Act.
A Section applies to any matter described or referred to in it when read with any illustrations, exceptions or interpretation provisions in that Section.
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).
Subheading 2. Reservations
Head A. Financial and Economic Matters
A1. Fiscal, economic and monetary policy
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.
Exceptions
Devolved taxes, including their collection and management. Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).
A2. The currency
Section A2
Coinage, legal tender and bank notes.
A3. Financial services
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 markets
Section A4
Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.
A5. Money laundering
Section A5
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
Section B1
The subject-matter of—
the Misuse of Drugs Act 1971,
sections 12 to 14 of the Criminal Justice (International Co-operation) Act 1990 (substances useful for manufacture of controlled drugs), and
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
Section B2
The subject-matter of—
the Data Protection Act 1998, and
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
Section B3
Elections for membership of the House of Commons, the European Parliament and the Parliament, including the subject-matter of— The franchise at local government elections.
Interpretation
Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of the European Parliamentary Elections Act 2002; and the reference to the subject-matter of that Act is to be construed as a reference to it as at the date that Act received Royal Assent.
B4. Firearms
Section B4
The subject-matter of the Firearms Acts 1968 to 1997.
Exception
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—
the power to make rules under section 53 of that Act for the purposes of that provision (specially dangerous weapons requiring firearms certificate), and
the power to make an order under section 1(4) of the Firearms (Amendment) Act 1988 (specially dangerous weapons to be prohibited)).
B5. Entertainment
Section B5
The subject-matter of— 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
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 animals
Section B7
The subject-matter of the Animals (Scientific Procedures) Act 1986.
B8. National security, interception of communications, official secrets and terrorism
Section B8
National security. The interception of communications; but not
the interception of any communication made to or by a person detained at a place of detention, if the communication-
is a written communication and is intercepted there, or
is intercepted in the course of its transmission by means of a private telecommunication system running there,
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—
the Official Secrets Acts 1911 and 1920, and
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.
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 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 under– “Private telecommunication system” has the meaning given in section 2(1) of the Regulation of Investigatory Powers Act 2000.
B9. Betting, gaming and lotteries
Section B9
Betting, gaming and lotteries.
B10. Emergency powers
Section B10
Emergency powers.
B11. Extradition
Section B11
Extradition.
B12. Lieutenancies
Section B12
The subject-matter of the Lieutenancies Act 1997.
B13. Access to information
Section B13
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–
the Parliament,
any part of the Scottish Administration,
the Parliamentary corporation,
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.
Head C. Trade and Industry
C1. Business associations
Section C1
The creation, operation, regulation and dissolution of types of business association.
Exceptions
The creation, operation, regulation and dissolution of—
particular public bodies, or public bodies of a particular type, established by or under any enactment, and
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
Section C2
In relation to business associations— 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— In relation to business associations which are social landlords, the following additional exceptions–
the general legal effect of winding up,
procedures for the initiation of winding up,
powers of courts in relation to proceedings for winding up, and
procedures giving protection from creditors,
but only in so far as they relate to a moratorium on the disposal of property held by a social landlord and the management and disposal of such property.
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. “Social landlord” means a body which is–
a society registered under the Industrial and Provident Societies Act 1965 which has its registered office for the purposes of that Act in Scotland and satisfies the relevant conditions, or
a company registered under the Companies Act 1985 which has its registered office for the purposes of that Act in Scotland and satisfies the relevant conditions.
“The relevant conditions” are that the body does not trade for profit and is established for the purpose of, or has among its objects and powers, the provision, construction, improvement or management of–
houses to be kept available for letting,
houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or
hostels,
“house” and “hostel” having the meanings given in section 338(1) of the Housing (Scotland) Act 1987.
“Winding up”, in relation to business associations, includes winding up of solvent, as well as insolvent, business associations.
C3. Competition
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 property
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 control
Section C5
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—
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
animal feeding stuffs, fertilisers and pesticides (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.
C6. Sea fishing
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 protection
Section C7
Regulation of— Safety of, and liability for, services supplied to consumers.
The subject-matter of—
the Hearing Aid Council Act 1968,
the Unsolicited Goods and Services Acts 1971 and 1975,
Parts I to III and XI of the Fair Trading Act 1973,
the Consumer Credit Act 1974,
the Estate Agents Act 1979,
the Timeshare Act 1992,
the Package Travel, Package Holidays and Package Tours Regulations 1992, and
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
Section C8
Technical standards and requirements in relation to products in pursuance of an obligation under EU law. The national accreditation body and the accreditation of bodies which certify or assess conformity to technical standards in relation to products or environmental management systems.
Product safety and liability.
Product labelling.
Exceptions
Food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985). In relation to food safety, materials which come into contact with food.
C9. Weights and measures
Section C9
Units and standards of weight and measurement. Regulation of trade so far as involving weighing, measuring and quantities.
C10. Telecommunications and wireless telegraphy
Section C10
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. Posts
Section C11
The subject matter of the Postal Services Act 2000.
Exception
Financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices.
Interpretation
Paragraph 5(1) of Part III of this Schedule does not apply to this Section. The reference to the subject matter of the Postal Services Act 2000 is to be read as a reference to the subject matter of that Act as at the date when it received Royal Assent.
“postal services” and “public post offices” have the same meaning as in the Postal Services Act 2000.
C12. Research Councils
Section C12
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.
The Arts and Humanities Research Council within the meaning of Part 1 of the Higher Education Act 2004.
The subject-matter of section 10 of that Act (research in arts and humanities) so far as relating to that Council.
Interpretation
Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of section 10 of the Higher Education Act 2004; and the reference to the subject-matter of that section is to be construed as a reference to it as at the date that Act received Royal Assent.
C13. Designation of assisted areas
Section C13
The subject-matter of section 1 of the Industrial Development Act 1982.
C14. Industrial Development Advisory Board
Section C14
The Industrial Development Advisory Board.
C15. Protection of trading and economic interests
Section C15
The subject-matter of—
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),
Part II of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and
the Protection of Trading Interests Act 1980.
Head D. Energy
D1. Electricity
Section D1
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
Section D2
Oil and gas, including—
the ownership of, exploration for and exploitation of deposits of oil and natural gas,
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,
offshore installations and pipelines,
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,
the application of Scots law and the jurisdiction of the Scottish courts in relation to offshore activities,
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),
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,
restrictions on navigation, fishing and other activities in connection with offshore activities,
liquefaction of natural gas, and
the conveyance, shipping and supply of gas through pipes.
Exceptions
The subject-matter of— The manufacture of gas.
The conveyance, shipping and supply of gas other than through pipes.
D3. Coal
Section D3
Coal, including its ownership and exploitation, deep and opencast coal mining and coal mining subsidence.
Exceptions
The subject-matter of—
Part I of the Environmental Protection Act 1990, and
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
Section D4
Nuclear energy and nuclear installations, including—
nuclear safety, security and safeguards, and
liability for nuclear occurrences.
The Office for Nuclear Regulation.
Exceptions
The subject-matter of—
Part I of the Environmental Protection Act 1990, and
the Radioactive Substances Act 1993.
D5. Energy conservation
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. Transport
E1. Road transport
Section E1
The subject-matter of— 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
Section E2
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— Imposing requirements about the preparation and submission of strategies relating to the provision of rail services on Scottish public authorities with mixed functions relating to such services.
The transfer of functions of passenger transport executives or passenger transport authorities relating to the provision and regulation of rail services conferred by Part II of the Transport Act 1968 and sections 32 to 36 of the Railways Act 1993 to, and the allocation of such functions among, relevant authorities.
The promotion and construction of railways which start, end and remain in Scotland.
Interpretation
“railway” has the meaning given by section 67(1) of the Transport and Works Act 1992. “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).
“relevant authority” means–
the Scottish Ministers; or
any Scottish public authority (not being a cross-border public authority or an authority exercising functions solely in relation to a reserved matter) which is set up wholly or mainly to exercise functions relating to transport.]
E3. Marine transport
Section E3
The subject-matter of— 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.
E4. Air transport
Section E4
Regulation of aviation and air transport, including the subject-matter of—
the Carriage by Air Act 1961,
the Carriage by Air (Supplementary Provisions) Act 1962,
the Carriage by Air and Road Act 1979 so far as relating to carriage by air,
the Civil Aviation Act 1982,
the Aviation Security Act 1982,
the Airports Act 1986, and
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
The subject-matter of the following sections of the Civil Aviation Act 1982— The subject-matter of Part II (transfer of airport undertakings of local authorities), sections 63 and 64 (airport byelaws) and 66 (functions of operators of designated airports as respects abandoned vehicles) of the Airports Act 1986.
The subject-matter of sections 59 (acquisition of land and rights over land) and 60 (disposal of compulsorily acquired land) of the Airports Act 1986 where land is to be or was acquired for the purpose of airport development or expansion.
Imposing requirements about the preparation and submission of strategies relating to the provision of air services on Scottish public authorities with mixed functions relating to such services.
E5. Other matters
Section E5
Transport of radioactive material. Technical specifications for public passenger transport for disabled persons, including the subject-matter of—
section 125(7) and (8) of the Transport Act 1985 (Secretary of State’s guidance and consultation with the Disabled Persons Transport Advisory Committee), and
Part V of the Disability Discrimination Act 1995 (public transport).
Regulation of the carriage of dangerous goods.
Interpretation
“Radioactive material” has the same meaning as in section 1(1) of the Radioactive Material (Road Transport) Act 1991.
Head F. Social Security
F1. Social security schemes
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. Requiring persons to—
establish and administer schemes providing assistance for social security purposes to or in respect of individuals, or
make payments to or in respect of such schemes,
and to keep records and supply information in connection with such schemes.
The circumstances in which a person is liable to maintain himself or another for the purposes of the enactments relating to social security and the Child Support Acts 1991 and 1995.
The subject-matter of the Vaccine Damage Payment Scheme.
Illustrations
National Insurance; Social Fund; 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
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. Providing occasional financial or other assistance to or in respect of individuals for the purposes of—
meeting, or helping to meet, an immediate short term need—
arising out of an exceptional event or exceptional circumstances, and
that requires to be met to avoid a risk to the well-being of an individual, or
enabling qualifying individuals to establish or maintain a settled home, and “qualifying individuals” means individuals who have been or, without the assistance, might otherwise be—
in prison, hospital, a residential care establishment or other institution, or
But the following are not excepted—
providing financial assistance for the purposes of meeting maternity expenses, funeral expenses or expenses for heating incurred due to cold weather,
the subject-matter of—
section 138 of the Social Security Contributions and Benefits Act 1992 (payments out of the social fund)(1),
section 69 of the Child Support, Pensions and Social Security Act 2000 (discretionary housing payments)(2).”.
homeless or otherwise living an unsettled way of life.
Interpretation
“Benefits” includes pensions, allowances, grants, loans and any other form of financial assistance. Providing assistance for social security purposes to or in respect of individuals includes (among other things) providing assistance to or in respect of individuals—
who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care,
who qualify by reason of low income, or
in relation to their housing costs or liabilities for local taxes.
The reference to the subject-matter of section 138 of the 1992 Act is to be construed as a reference to it as at 8th May 2012 and the reference to the subject-matter of section 69 of the 2000 Act is to be construed as a reference to it as at the date on which the Scotland Act (Modification of Schedule 5) (No. 2) Order 2013 (S.I. 2013/192) came into force; and if any amendment of section 69 of the 2000 Act made by the Welfare Reform Act 2012(3) is not in force on that date, it is to be treated as if it were.
Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of—
section 138 of the Social Security Contributions and Benefits Act 1992, or
section 69 of the Child Support, Pensions and Social Security Act 2000.
F2. Child support
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 pensions
Section F3
The regulation of occupational pension schemes and personal pension schemes, including the obligations of the trustees or managers of such schemes. Provision about pensions payable to, or in respect of, any persons, except—
the persons referred to in section 81(3),
in relation to a Scottish public authority with mixed functions or no reserved functions, persons who are or have been a member of the public body, the holder of the public office, or a member of the staff of the body, holder or office.
The subject-matter of the Pensions (Increase) Act 1971.
Schemes for the payment of pensions which are listed in Schedule 2 to that Act, except those mentioned in paragraphs 38A and 38AB.
Where pension payable to or in respect of any class of persons under a public service pension scheme is covered by this reservation, so is making provision in their case—
for compensation for loss of office or employment, for their office or employment being affected by constitutional changes, or circumstances arising from such changes, in any territory or territories or for loss or diminution of emoluments, or
for benefits in respect of death or incapacity resulting from injury or disease.
Interpretation
“Pension” includes gratuities and allowances.
F4. War pensions
Section F4
Schemes for the payment of pensions for or in respect of persons who have a disablement or have died in consequence of service as members of the armed forces of the Crown. The subject-matter of any scheme under the Personal Injuries (Emergency Provisions) Act 1939, sections 3 to 5 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or section 1 of the Polish Resettlement Act 1947
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 Professions
G1. Architects
Section G1
Regulation of the profession of architect.
G2. Health professions
Section G2
Regulation of the health professions.
Exceptions
The subject-matter of—
section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners), and
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—
the Pharmacy Act 1954,
the Professions Supplementary to Medicine Act 1960,
the Veterinary Surgeons Act 1966,
the Medical Act 1983,
the Dentists Act 1984,
the Opticians Act 1989,
the Osteopaths Act 1993,
the Chiropractors Act 1994, and
the Nurses, Midwives and Health Visitors Act 1997.
G3. Auditors
Section G3
Regulation of the profession of auditor.
Head H. Employment
H1. Employment and industrial relations
Section H1
Employment rights and duties and industrial relations, including the subject-matter of—
the Employers’ Liability (Compulsory Insurance) Act 1969,
the Employment Agencies Act 1973,
the Pneumoconiosis etc. (Workers’ Compensation) Act 1979,
the Transfer of Undertakings (Protection of Employment) Regulations 1981,
the Trade Union and Labour Relations (Consolidation) Act 1992,
the Employment Tribunals Act 1996,
the Employment Rights Act 1996, and
the National Minimum Wage Act 1998.
Exception
The subject-matter of the Agricultural Wages (Scotland) Act 1949.
H2. Health and safety
Section H2
The subject-matter of Part I of the Health and Safety at Work etc. Act 1974
Interpretation
For the purposes of the reservation of the subject-matter of Part I of the Health and Safety at Work etc. Act 1974–
“work” and “at work” in that Part are to be taken to have the meaning they have on the principal appointed day;
that subject-matter includes–
process fire precautions;
fire precautions in relation to petroleum and petroleum spirit; and
fire safety on ships and hovercraft, in mines and on offshore installations;
[Repealed]
but does not include any other aspect of fire safety.
H3. Job search and support
Section H3
The subject-matter of—
the Disabled Persons (Employment) Act 1944, and
the Employment and Training Act 1973, except so far as relating to training for employment.
Exception
The subject-matter of—
sections 8 to 10A of the Employment and Training Act 1973 (careers services), and
the following sections of Part I of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise and Highlands and Islands Enterprise)—
section 2(3)(c) (arrangements for the purpose of assisting persons to establish themselves as self-employed persons), and
section 12 (disclosure of information).
Head J. Health and Medicines
J1. Abortion
Section J1
Abortion.
J2. Xenotransplantation
Section J2
Xenotransplantation.
J3. Embryology, surrogacy and genetics
Section J3
Surrogacy arrangements, within the meaning of the Surrogacy Arrangements Act 1985, including the subject-matter of that Act. The subject-matter of the Human Fertilisation and Embryology Act 1990.
Human genetics.
J4. Medicines, medical supplies and poisons
Section J4
The subject-matter of— Regulation of prices charged for medical supplies or medicinal products which (in either case) are supplied for the purposes of the health service established under section 1 of the National Health Service (Scotland) Act 1978.
Interpretation
“Medical supplies” has the same meaning as in section 49(3) of the National Health Service (Scotland) Act 1978. “Medicinal products” has the same meaning as in section 130(1) of the Medicines Act 1968.
J5. Welfare foods
Section J5
Schemes made by regulations under section 13 of the Social Security Act 1988 (schemes for distribution of welfare foods).
Head K. Media and Culture
K1. Broadcasting
Section K1
The subject-matter of the Broadcasting Act 1990 and the Broadcasting Act 1996. The British Broadcasting Corporation.
K2. Public lending right
Section K2
The subject-matter of the Public Lending Right Act 1979.
K3. Government Indemnity Scheme
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 tax
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. Miscellaneous
L1. Judicial remuneration
Section L1
Determination of the remuneration of—
judges of the Court of Session,
sheriffs principal and sheriffs,
members of the Lands Tribunal for Scotland, and
the Chairman of the Scottish Land Court.
L2. Equal opportunities
Section L2
Equal opportunities, including the subject-matter of—
the Equal Pay Act 1970,
the Sex Discrimination Act 1975,
the Race Relations Act 1976, and
the Disability Discrimination Act 1995.
Exceptions
The encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements. Imposing duties on—
any office-holder in the Scottish Administration, or any Scottish public authority with mixed functions or no reserved functions, to make arrangements with a view to securing that the functions of the office-holder or authority are carried out with due regard to the need to meet the equal opportunity requirements, or
any cross-border public authority to make arrangements with a view to securing that its Scottish functions are carried out with due regard to the need to meet the equal opportunity requirements.
Interpretation
“Equal opportunities” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions. “Equal opportunity requirements” means the requirements of the law for the time being relating to equal opportunities.
“Scottish functions” means functions which are exercisable in or as regards Scotland and which do not relate to reserved matters.
L3. Control of weapons
Section L3
Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
L4. Ordnance survey
Section L4
The subject-matter of the Ordnance Survey Act 1841.
L5. Time
Section L5
Timescales, time zones and the subject-matter of the Summer Time Act 1972. The calendar; units of time; the date of Easter.
Exceptions
The computation of periods of time. The subject-matter of—
section 1 of the Banking and Financial Dealings Act 1971 (bank holidays), and
the Term and Quarter Days (Scotland) Act 1990.
L6. Outer space
Section L6
Regulation of activities in outer space.
L7. Antarctica
Section L7
Antarctica Regulation of activities in Antarctica.
Interpretation
“Antarctica” has the meaning given by section 1 of the Antarctic Act 1994.
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