Scotland Act 1998 (c. 46)

(The document as of February, 2008)

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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

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.

[Section C3.]

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.

[Section C4.]

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).

[Section C5.]

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.

[Section C6.]

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.

[Section C7.]

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,

(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,

(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).

[Section C8.]

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.

[Section C9.]

C9. Weights and measures

Units and standards of weight and measurement.

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

[Section C10.]

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.).

[Section C11.]

C11. Post Office, posts and postal services

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

[Section C12.]

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.

[Section C13.]

C13. Designation of assisted areas

The subject-matter of section 1 of the Industrial Development Act 1982.

[Section C14.]

C14. Industrial Development Advisory Board

The Industrial Development Advisory Board.

[Section C15.]

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

Head D – Energy [Section D1.]

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.

[Section D2.]

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,

(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

The manufacture of gas.

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

[Section D3.]

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.

[Section D4.]

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.

[Section D5.]

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 [Section E1.]

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.

[Section E2.]

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

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).

[Section E3.]

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,

(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.

[Section E4.]

E4. Air transport

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,

(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

The subject-matter of the following sections of the Civil Aviation Act 1982--

(a) section 25 (Secretary of State's power to provide aerodromes),

(b) section 30 (provision of aerodromes and facilities at aerodromes by local authorities),

(d) section 34 (financial assistance for certain aerodromes),

(e) section 35 (facilities for consultation at certain aerodromes),

(f) section 36 (health control at Secretary of State's aerodromes and aerodromes of Civil Aviation Authority), and

(g) sections 41 to 43 and 50 (powers in relation to land exercisable in connection with civil aviation) where land is to be or was acquired for the purpose of airport development or expansion.

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.

[Section E5.]

E5. Other matters

Transport of radioactive material.

Technical specifications for public passenger transport for disabled persons, including the subject-matter of--

(a) 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

(b) 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 [Section F1.]

F1. Social security schemes

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--

(a) establish and administer schemes providing assistance for social security purposes to or in respect of individuals, or

(b) 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; administration and funding of housing benefit and council tax benefit; 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.

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--

(a) who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care,

(b) who qualify by reason of low income, or

[Section F2.]

F2. Child support

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

Exception

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