Scotland Act 1998 (c. 46)

(The document as of February, 2008)

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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.

[Section F3.]

F3. Occupational and personal pensions

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--

(a) the persons referred to in section 81(3),

(b) 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--

(a) 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

(b) for benefits in respect of death or incapacity resulting from injury or disease.

Interpretation

"Pension" includes gratuities and allowances.

[Section F4.]

F4. War pensions

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 [Section G1.]

G1. Architects

Regulation of the profession of architect.

[Section G2.]

G2. Health professions

Regulation of the health professions.

Exceptions

The subject-matter of--

(a) section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners), and

(b) 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--

(a) the Pharmacy Act 1954,

(b) the Professions Supplementary to Medicine Act 1960,

(d) the Medical Act 1983,

(e) the Dentists Act 1984,

(f) the Opticians Act 1989,

(g) the Osteopaths Act 1993,

(h) the Chiropractors Act 1994, and

(i) the Nurses, Midwives and Health Visitors Act 1997.

[Section G3.]

G3. Auditors

Regulation of the profession of auditor.

Head H – Employment [Section H1.]

H1. Employment and industrial relations

Employment rights and duties and industrial relations, including the subject-matter of--

(a) the Employers' Liability (Compulsory Insurance) Act 1969,

(b) the Employment Agencies Act 1973,

(d) the Transfer of Undertakings (Protection of Employment) Regulations 1981,

(e) the Trade Union and Labour Relations (Consolidation) Act 1992,

(f) the Industrial Tribunals Act 1996,

(g) the Employment Rights Act 1996, and

(h) the National Minimum Wage Act 1998.

Exception

The subject-matter of the Agricultural Wages (Scotland) Act 1949.

[Section H2.]

H2. Health and safety

The subject-matter of the following Parts of the Health and Safety at Work etc. Act 1974--

(a) Part I (health, safety and welfare in connection with work, and control of dangerous substances) as extended or applied by section 36 of the Consumer Protection Act 1987, sections 1 and 2 of the Offshore Safety Act 1992 and section 117 of the Railways Act 1993, and

(b) Part II (the Employment Medical Advisory Service).

Exception

Public safety in relation to matters which are not reserved.

[Section H3.]

H3. Job search and support

The subject-matter of--

(a) the Disabled Persons (Employment) Act 1944, and

(b) the Employment and Training Act 1973, except so far as relating to training for employment.

Exception

The subject-matter of--

(a) sections 8 to 10A of the Employment and Training Act 1973 (careers services), and

(b) the following sections of Part I of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise and Highlands and Islands Enterprise)--

(i) section 2(3)(c) (arrangements for the purpose of assisting persons to establish themselves as self-employed persons), and

(ii) section 12 (disclosure of information).

Head J – Health and Medicines [Section J1.]

J1. Abortion

Abortion.

[Section J2.]

J2. Xenotransplantation

Xenotransplantation.

[Section J3.]

J3. Embryology, surrogacy and genetics

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.

[Section J4.]

J4. Medicines, medical supplies and poisons

The subject-matter of--

(a) the Medicines Act 1968, the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 and the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994,

(b) the Poisons Act 1972, and

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.

[Section J5.]

J5. Welfare foods

Schemes made by regulations under section 13 of the Social Security Act 1988 (schemes for distribution of welfare foods).

Head K – Media and Culture [Section K1.]

K1. Broadcasting

The subject-matter of the Broadcasting Act 1990 and the Broadcasting Act 1996.

The British Broadcasting Corporation.

[Section K2.]

K2. Public lending right

The subject-matter of the Public Lending Right Act 1979.

[Section K3.]

K3. Government Indemnity Scheme

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.).

[Section K4.]

K4. Property accepted in satisfaction of tax

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 [Section L1.]

L1. Judicial remuneration

Determination of the remuneration of--

(a) judges of the Court of Session,

(b) sheriffs principal and sheriffs,

(d) the Chairman of the Scottish Land Court.

[Section L2.]

L2. Equal opportunities

Equal opportunities, including the subject-matter of--

(a) the Equal Pay Act 1970,

(b) the Sex Discrimination Act 1975,

(d) 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--

(a) 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

(b) 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.

[Section L3.]

L3. Control of weapons

Control of nuclear, biological and chemical weapons and other weapons of mass destruction.

[Section L4.]

L4. Ordnance survey

The subject-matter of the Ordnance Survey Act 1841.

[Section L5.]

L5. Time 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--

(a) section 1 of the Banking and Financial Dealings Act 1971 (bank holidays), and

(b) the Term and Quarter Days (Scotland) Act 1990.

[Section L6.]

L6. Outer space

Regulation of activities in outer space.

Part III General provisions

Scottish public authorities

1 (1) This Schedule does not reserve any Scottish public authority if some of its functions relate to reserved matters and some do not, unless it is a cross-border public authority.

(2) Sub-paragraph (1) has effect as regards--

(a) the constitution of the authority, including its establishment and dissolution, its assets and liabilities and its funding and receipts,

(b) conferring or removing any functions specifically exercisable in relation to the authority.

(3) Sub-paragraph (2)(b) does not apply to any function which is specifically exercisable in relation to a particular function of the authority if the particular function relates to reserved matters.

(4) An authority to which this paragraph applies is referred to in this Act as a Scottish public authority with mixed functions.

2 Paragraph 1 of Part I of this Schedule does not reserve any Scottish public authority with functions none of which relate to reserved matters (referred to in this Act as a Scottish public authority with no reserved functions).

Reserved bodies

3 (1) The reservation of any body to which this paragraph applies has effect to reserve--

(a) its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts,

(b) conferring functions on it or removing functions from it,

(2) This paragraph applies to--

(a) a body reserved by name by Part II of this Schedule,

(b) each of the councils reserved by Section C12 of that Part,

Financial assistance to industry

4 (1) This Schedule does not reserve giving financial assistance to commercial activities for the purpose of promoting or sustaining economic development or employment.

(2) Sub-paragraph (1)--

(a) does not apply to giving financial assistance to any activities in pursuance of a power exercisable only in relation to activities which are reserved,

(b) does not apply to Part I of this Schedule, except paragraph 9, or to a body to which paragraph 3 of this Part of this Schedule applies,

(3) Sub-paragraph (1) does not affect the question whether any matter other than financial assistance to which that sub-paragraph applies is reserved.

Interpretation

5 (1) References in this Schedule to the subject-matter of any enactment are to be read as references to the subject-matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the day on which this Act is passed, as it had effect immediately before that time.

(2) Subordinate legislation under section 129(1) may, in relation to the operation of this Schedule at any time before the principal appointed day, modify the references to that day in sub-paragraph (1).

Section 98.

SCHEDULE 6 Devolution issues

Part I Preliminary

1 In this Schedule "devolution issue" means--

(a) a question whether an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is within the legislative competence of the Parliament,

(b) a question whether any function (being a function which any person has purported, or is proposing, to exercise) is a function of the Scottish Ministers, the First Minister or the Lord Advocate,

(c) a question whether the purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, within devolved competence,

(d) a question whether a purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, incompatible with any of the Convention rights or with Community law,

(e) a question whether a failure to act by a member of the Scottish Executive is incompatible with any of the Convention rights or with Community law,

(f) any other question about whether a function is exercisable within devolved competence or in or as regards Scotland and any other question arising by virtue of this Act about reserved matters.

2 A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.

Part II Proceedings in Scotland

Application of Part II

3 This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.

Institution of proceedings

4 (1) Proceedings for the determination of a devolution issue may be instituted by the Advocate General or the Lord Advocate.

(2) The Lord Advocate may defend any such proceedings instituted by the Advocate General.

(3) This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Intimation of devolution issue

5 Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General and the Lord Advocate (unless the person to whom the intimation would be given is a party to the proceedings).

6 A person to whom intimation is given in pursuance of paragraph 5 may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to higher court

7 A court, other than the House of Lords or any court consisting of three or more judges of the Court of Session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Inner House of the Court of Session.

8 A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.

9 A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.

References from superior courts to Judicial Committee

10 Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the Judicial Committee.

11 Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 9) to the Judicial Committee.

Appeals from superior courts to Judicial Committee

12 An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 7 or 8 shall lie to the Judicial Committee.

13 An appeal against a determination of a devolution issue by--

(a) a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 9), or

(b) a court of three or more judges of the Court of Session from which there is no appeal to the House of Lords,

shall lie to the Judicial Committee, but only with leave of the court concerned or, failing such leave, with special leave of the Judicial Committee.

Part III Proceedings in England and Wales

Application of Part III

14 This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.

Institution of proceedings

15 (1) Proceedings for the determination of a devolution issue may be instituted by the Attorney General.

(2) The Lord Advocate may defend any such proceedings.

(3) This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issue

16 A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).

17 A person to whom notice is given in pursuance of paragraph 16 may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to High Court or Court of Appeal

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