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For other meanings, see Reserved powers disambiguation page.
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In the United Kingdom reserved matters and excepted matters, also referred to as reserved powers, are those subjects over which jurisdiction to legislate is retained by the Parliament of the United Kingdom, as stated by the Scotland Act 1998, Northern Ireland Act 1998 or Government of Wales Act 1998 (as amended).

In Scotland, matters are explicitly reserved in the Scotland Act with all other matters implicitly devolved to the Scottish Parliament.

In Northern Ireland, the powers of the Northern Ireland Assembly do not cover reserved matters or excepted matters. In theory, the distinction is that reserved matters might be devolved at a later date, but that excepted matters will not be considered for further devolution. In practice the difference is minor as changes to either list are within the powers of the Westminster Parliament.

In Wales, by contrast, certain matters are explicitly devolved to the National Assembly for Wales and the remainder implicitly reserved.

Contents

Scotland

Map of Scotland within the United Kingdom.png

The Scottish Parliament was created by the Scotland Act 1998 of the Parliament of the United Kingdom (Westminster Parliament). This act sets out the matters still dealt with at Westminster, referred to as reserved matters, including defence, international relations, fiscal and economic policy, drugs law, broadcasting and some others. The competence of the Scottish Parliament to legislate ("legislative competence") on a matter is largely determined by whether it is reserved or not.[1]

Anything not listed as a specific reserved matter in the Scotland Act is automatically devolved to Scotland, including health, education, local government, Scots Law and all other issues. This is one of the key differences between the successful Scotland Act 1998 and the failed Scotland Act 1978.

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List of reserved matters

The following is a list of reserved matters:[2]

Executive powers

The executive powers of Ministers of the Scottish Government generally follows the same boundaries as the legislative competence of the Scottish Parliament – if the Parliament can legislate about a matter, then any Ministerial powers under statute or the Royal prerogativeCprerogative are exercised by the Scottish Ministers. However it is also possible for the Scottish Ministers to be given powers in relation to reserved matters, a process known as executive devolution.

The reserved matters continue to be controversial in some quarters, and there are certain conflicts/anomalies, for example, while the funding of Scottish Gaelic television is controlled by the Scottish Government, broadcasting is a reserved matter, and while energy is a reserved matter, planning permission for power stations is devolved.

Northern Ireland

Map of Northern Ireland within the United Kingdom.png

List of key reserved matters

Reserved matters are outlined in Schedule 3 of the Northern Ireland Act 1998: [4]

As of December 2009, negotiations were continuing on the devolution of reserved policing and justice powers to the Northern Ireland Assembly.

List of key excepted matters

Excepted matters are outlined in Schedule 2 of the Northern Ireland Act 1998: [5]

Government of Ireland Act 1920

Devolution in Northern Ireland was originally provided for in the Government of Ireland Act 1920, which stated that the Northern Ireland Parliament could not make laws in the following main areas: [6]

The Northern Ireland Parliament was suspended in March 1972 and abolished by the Northern Ireland Constitution Act 1973. That law also provided for the division of power between the new Northern Ireland Assembly and Parliament but the Assembly collapsed in May 1974.

Wales

Map of Wales within the United Kingdom.png

Transferred matters for Wales are outlined in the Government of Wales Act 1998 and the Government of Wales Act 2006.

Government of Wales Act 1998

The Government of Wales Act 1998 lists the following fields to be transferred to the National Assembly for Wales:[7]

Government of Wales Act 2006

The Government of Wales Act 2006 updated the list of fields, as follows:[8]

Schedule 5 to the 2006 Act may be amended to add specific matters to the broad subject fields, thereby extending the legislative competence of the Assembly. [9]

References

External links


For other meanings, see Reserved powers disambiguation page.

Template:PoliticsUK In the United Kingdom reserved matters, also referred to as reserved powers, are those subjects over which power to legislate is retained by Westminster, as stated by the Scotland Act 1998, Northern Ireland Act 1998 or Government of Wales Act 1998.

In Scotland, matters are explicitly reserved in the Scotland Act with all other matters implicitly devolved to the Scottish Parliament.

In Northern Ireland, the powers of the Northern Ireland Assembly do not cover reserved matters or excepted matters. In theory, the distinction is that reserved matters might be devolved at a later date, but that excepted matters will not be considered for further devolution. In practice the difference is minor as changes to either list are within the powers of the Westminster Parliament.

In Wales, by contrast, certain matters are explicitly devolved to the National Assembly for Wales and the remainder implicitly reserved.

Contents

Scotland

The Scottish Parliament was created by the Scotland Act 1998 of the Parliament of the United Kingdom (Westminster Parliament). This act sets out the matters still dealt with at Westminster, referred to as reserved matters, including defence, international relations, fiscal and economic policy, drugs law, broadcasting and some others. The competence of the Scottish Parliament to legislate ("legislative competence") on a matter is largely determined by whether it is reserved or not.[1]

Anything not listed as a specific reserved matter in the Scotland Act is automatically devolved to Scotland, including health, education, local government, Scots Law and all other issues. This is one of the key differences between the successful Scotland Act 1998 and the failed Scotland Act 1978.

List of reserved matters

The following is a list of reserved matters:[2]

Executive powers

The executive powers of Ministers of the Scottish Government generally follows the same boundaries as the legislative competence of the Scottish Parliament – if the Parliament can legislate about a matter, then any Ministerial powers under statute or the prerogative are exercised by the Scottish Ministers. However it is also possible for the Scottish Ministers to be given powers in relation to reserved matters, a process known as executive devolution.

The reserved matters continue to be controversial in some quarters, and there are certain conflicts/anomalies, for example, while the funding of Scottish Gaelic television is controlled by the Scottish Government, broadcasting is a reserved matter, and while energy is a reserved matter, planning permission for power stations is devolved.

References

External links


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