For other meanings, see Reserved powers disambiguation page.

United Kingdom

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In the United Kingdom reserved matters and excepted matters are the areas of government policy where Parliament had kept the power (jurisdiction) to make laws (legislate) in Scotland, Northern Ireland and Wales.

Each of these countries has been granted devolution within the UK therefore some power has been delegated to them from the central government at Westminster and some has been withheld.

They are also known as reserved matters and act as a guide for which areas are devolved to those three countries and which are not. The powers are set out in three main laws for each of those countries and subsequent amendments which further devolved powers to the respective legislatures:

• Scotland Act 1998 amended by the Scotland Act 2012.
• Northern Ireland Act 1998 amended by the Northern Ireland Act 2006.
• Government of Wales Act 1998 amended by the Government of Wales Act 2006.

In Scotland, a finite list of matters are explicitly reserved in the Scotland Act. Any matter not explicitly listed in the Act is 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, reserved matters could be devolved at a later date, but excepted matters were not supposed to be considered for further devolution. In practice, the difference is minor as Parliament is responsible for all the powers on both lists and must give its consent to devolve them.

In Wales, by contrast, a list of matters are explicitly devolved to the National Assembly for Wales and any matter not listed in the Act is implicitly reserved to Westminster.

Scotland[link]

The Scottish Parliament was created by the Scotland Act 1998, passed by the Parliament of the United Kingdom. This Act sets out the matters still dealt with by the Westminster parliament, referred to as reserved matters.

The legal ability of the Scottish Parliament to legislate (its "legislative competence") on a matter is largely determined by whether it is reserved or not.^[1][2][3][4]

Anything not listed as a specific reserved matter in the Scotland Act is automatically devolved to Scotland, including:

• agriculture
• education
• the environment
• health
• local government
• justice

This is one of the key differences between the Scotland Act 1998 and the never-implemented Scotland Act 1978.

List of reserved matters[link]

Reserved matters are subdivided into two categories: General reservations and specific reservations.

General reservations cover major issues which are always handled centrally by a nation-state:^[5]

• the constitution, including:

the Crown

the Union with England, Northern Ireland and Wales

the UK Parliament

the existence of the (criminal) High Court of Justiciary

the existence of the (civil) Court of Session

• registration and funding of political parties

• international relations, including:

international development

the regulation of international trade

• the Home Civil Service
• defence
• treason

Specific reservations cover particular areas of social and economic policy which are reserved to Westminster, listed under 11 'heads':^[6]

• Head A - Financial and Economic Matters

fiscal, economic and monetary policy

currency

financial services

financial markets

money laundering

• Head B - Home Affairs

drug abuse

data protection and access to information

elections

firearms

film classification

immigration and nationality

scientific procedures on live animals

national security and counter-terrorism

betting, gaming and lotteries

emergency powers

extradition

lieutenancies

• Head C – Trade and Industry

business associations

insolvency

competition

intellectual property

import and export control

sea fishing outside the Scottish zone

customer protection

product standards, safety and liability

weights and measures

telecommunications

postal services

research councils

• Head D – Energy

electricity

oil and gas

coal

nuclear energy

energy efficiency

• Head E - Transport

road transport

rail transport

marine transport

air transport

• Head F – Social Security

social security schemes

child support

pensions

• Head G – Regulation of the Professions

architect

health professions

auditor

• Head H – Employment

employment and industrial relations

health and safety

• Head J – Health and Medicines

abortion

xenotransplantation

embryology, surrogacy and human genetics

medicines, medical supplies and poisons

welfare foods

• Head K – Media and Culture

broadcasting

public lending right

• Head L – Miscellaneous

judicial salaries

equal opportunities

control of weapons of mass destruction

Ordnance Survey

time

outer space

Executive devolution[link]

This section requires expansion.

The executive powers of Scottish Government ministers generally follow the same boundaries as the legislative competence of the Scottish Parliament i.e. if the Parliament can legislate on a matter, then any ministerial powers under statute or royal 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^{[citation needed]} and there are certain conflicts or 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[link]

Government of Ireland Act 1920[link]

Devolution in Northern Ireland was originally provided for in the Government of Ireland Act 1920, which stated that the Parliament of Northern Ireland could not make laws in the following main areas:^[7]

• the Crown
• the Union with England, Scotland and Wales
• the making of peace or war
• the armed forces
• treaties or any relations with foreign states or dominions
• naturalization
• external trade
• quarantine
• navigation (including merchant shipping)
• submarine cables
• wireless telegraphy
• aerial navigation
• lighthouses
• currency
• copyright

This was the first practical example of devolution in the United Kingdom and followed three unsuccessful attempts to provide home rule for the whole island of Ireland:

• Government of Ireland Bill 1886
• Government of Ireland Bill 1893
• Government of Ireland Act 1914

Irish unionists initially opposed home rule, but later accepted it for Northern Ireland, where they formed a majority. (The rest of the island became independent as what is now the Republic of Ireland.)

Direct rule[link]

The Parliament of Northern Ireland was suspended on 30 March 1972 by the Northern Ireland (Temporary Provisions) Act 1972,^[8] with Stormont's legislative powers being transferred to the Queen in Council.

Northern Ireland Constitution Act 1973[link]

The Parliament of Northern Ireland was abolished outright by the Northern Ireland Constitution Act 1973;^[9] legislative competence was conferred instead on the Northern Ireland Assembly. The 1973 Act set out a list of excepted matters (sch. 2) and "minimum" reserved matters (sch. 3).

The new constitutional arrangements quickly failed, and the Assembly was suspended on 30 May 1974 having only passed two Measures.^{[citation needed]}

Direct rule again[link]

The Assembly was abolished under the Northern Ireland Act 1974,^[10] which transferred its law-making power to the Queen in Council once again. The 1974 framework of powers continued in place until legislative powers were transferred to the present Northern Ireland Assembly under the Northern Ireland Act 1998, following the Belfast Agreement of 10 April 1998.

Northern Ireland Act 1998[link]

List of key excepted matters[link]

Excepted matters are outlined in Schedule 2 of the Northern Ireland Act 1998:^[11]

• the Crown
• Parliament
• international relations
• international development
• defence
• weapons of mass destruction
• honours
• treason
• immigration and nationality
• taxation
• national insurance
• elections
• currency
• national security
• nuclear energy
• space

List of key reserved matters[link]

Reserved matters are outlined in Schedule 3 of the Northern Ireland Act 1998:^[12]

• navigation (including merchant shipping)
• civil aviation
• The foreshore, sea bed and subsoil and their natural resources
• postal services
• import and export controls, external trade
• national minimum wage
• financial services
• financial markets
• intellectual property
• units of measurement
• telecommunications, broadcasting, internet services
• The National Lottery
• xenotransplantation
• surrogacy
• human fertilisation and embryology
• human genetics
• consumer safety in relation to goods

Devolution of policing and justice[link]

After the suspension of the Parliament of Northern Ireland, policing and justice powers transferred to the UK Parliament and were subsequently administered by the Northern Ireland Office within the UK Government. These powers were not devolved after the Belfast Agreement.

The Hillsborough Castle Agreement ^[13] on 5 February 2010 resulted in the following reserved powers being transferred to the Northern Ireland Assembly on 12 April 2010 ^[14]:

• criminal law
• policing
• prosecution
• public order
• courts
• prisons and probation

Some policing and justice powers remain reserved to Westminster ^[15]:

• the prerogative of mercy in terrorism cases
• drug classification
• the Serious Organised Crime Agency
• accommodation of prisoners in separated conditions
• parades
• security of explosives

A number of policing and justice powers remain excepted matters and were not devolved. These include:

• extradition (as an international relations matter)
• military justice (as a defence matter)
• immigration
• national security (including intelligence services)

Parity[link]

Northern Ireland has parity with Great Britain in three areas:

• social security
• child support
• pensions

Policy in these areas is technically devolved but, in practice, follows policy set by Parliament to provide consistency across the United Kingdom ^[16].

Wales[link]

This section requires expansion.

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[link]

The Government of Wales Act 1998 lists the following fields to be transferred to the National Assembly for Wales:^[17]

• agriculture, forestry, fisheries and food
• ancient monuments and historic buildings
• culture (including museums, galleries and libraries)
• economic development
• education and training
• the environment
• health and health services
• highways
• housing
• industry
• local government
• social services
• sport and recreation
• tourism
• town and country planning
• transport
• water and flood defence
• the Welsh language

Government of Wales Act 2006[link]

The Government of Wales Act 2006 updated the list of fields, as follows:^[18]

• agriculture, fisheries, forestry and rural development
• ancient monuments and historic buildings
• culture
• economic development
• education and training
• environment
• fire and rescue services and promotion of fire safety
• food
• health and health services
• highways and transport
• housing
• local government
• the National Assembly for Wales
• public administration
• social welfare
• sport and recreation
• tourism
• town and country planning
• water and flood defence
• the Welsh language

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.^[19]

References[link]

External links[link]

Legislation[link]

• Official text of the Scotland Act 1998 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database
• Official text of the Northern Ireland Act 1998 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database
• Official text of the Government of Wales Act as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database
• Official text of the Government of Wales Act 2006 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database

[edit] Official guidance (published by the Cabinet Office)

• Devolution Guidance
• Scotland: Devolved Responsibilites [sic]
• Northern Ireland: What is Devolved?
• Wales: What is Devolved?

Analysis[link]

• Constitution Unit, University College London
• Devolution and Constitutional Change Programme

Cassandra (Cass) Fox is a musical artist from England. She is best known for writing and singing the 2001 hit single Touch Me which she co-produced with Rui Da Silva.

Biography[link]

Cass grew up in North London as the only daughter in a large working-class Irish family. Touch me was written and co-produced by Cassandra Fox. The single topped the UK charts early in 2001, selling some 300,000 copies.

Cass was the first of two support acts on Faithless' "Forever Faithless" tour in 2005. Cass later appeared on the 2006 Faithless album To All New Arrivals, providing vocals for the track "Music Matters". She has appeared alongside the band on the tour supporting this album in 2007 with support act Calvin Harris.

She has been signed to Ministry Of Sound and Island/Universal Records for her album Come Here. Has worked with Rollo, Faithless, Rick knowles, Ben Langmead (La Roux) And has performed at Coachella, Wembley, Filmore San Fransisco, Webster Hall New York. She has appeared on Top Of The Pops, C.D.U.K. Smash Hits t.v. and the Album Chart Show with Faithless singing Music Matters.

A version of her song "Little Bird" was remixed into DJ Tiësto's compilation album "In Search Of Sunrise 5" released in 2006.

As of 2012 Cassandra is currently working on her second album.

Discography[link]

Albums[link]

• Come Here
  Original release (19 September 2005)^[1]
• Come Here
  Re-release (19 June 2006)^[1]

Singles[link]

• "Touch Me" with Rui Da Silva (1 January 2001)^[2]
• "Out of My Reach" (5 September 2005)^[3]
• "Army of One" (12 June 2006)^[4]
• "Little Bird" (12 June 2006)^[5]
• "Touch Me" - new version (30 October 2006)^[6]

Demo sampler releases[link]

Notes[link]

1. ^ ^{a b} Cass Fox (2005). Cass Fox Online CassMusic.net (accessed 5th Sept 2006)
2. ^ Amazon (2006). Touch Me (Single) - Rui Da Silva Feat. Cass Fox amazon.co.uk (accessed 19 September 2006)
3. ^ Cass Discography @ Unofficial Faithless Discography www.tursa.franken.de (accessed 19 September 2006)
4. ^ Amazon (2006). Army of One (Single) - Cass Fox amazon.co.uk (accessed 19 September 2006)
5. ^ Amazon (2006). Little Bird (Vinyl) (Single) - Deep Skies Feat. Cass Fox amazon.co.uk (accessed 19 September 2006)
6. ^ Cass Fox (2006). Cass Fox Online CassMusic.net (accessed 11 September 2006)
7. ^ ^{a b} Faithless Web (2005). Cass Discography @ Faithless Web faithlessweb.com (accessed 6th Sept 2006)

External links[link]

• Cass Fox Online
• Cass Fox @ MySpace
• Cass Discography @ Faithless Web
• Cass Discography @ Unofficial Faithless Discography
• Cass Fox @ Last.fm