In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national legislatures of Scotland, Wales and Northern Ireland, while reserved matters and excepted matters are the areas where the UK Parliament retains exclusive power to legislate.
The devolved administrations in Scotland, Wales and Northern Ireland have been granted power by the Parliament under their respective legislators in all areas except those which are reserved (or excepted in the case of Northern Ireland). Because the Parliament acts with sovereign supremacy, it is still able to pass legislation for all parts of the United Kingdom, including in relation to devolved matters.[1]
The devolution of powers are set out in three main acts legislated by the UK Parliament for each of the devolved governments in Scotland, Wales and Northern Ireland. The acts also include subsequent amendments, which devolved further powers to the administrations:
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 Scotland, a list of reserved matters is explicitly listed in the Scotland Act 1998 (and amended by the Scotland Acts of 2012 and 2016). Any matter not explicitly listed in the Act is implicitly devolved to the Scottish Parliament.
In Wales, a list of reserved matters is explicitly listed under the provisions of the Wales Act 2017. Any matter not explicitly listed in the Act is implicitly devolved to the Senedd. Before 2017, a list of matters was explicitly devolved to the then known National Assembly for Wales and any matter not listed in the Act was implicitly reserved to Westminster.
The devolution schemes in Scotland and Wales are set up in a similar manner. The Parliament of the United Kingdom has granted legislative power to the Scottish Parliament and the Senedd through the Scotland Act 1998 and the Government of Wales Act 2006 respectively. These Acts set out the matters still dealt with by the UK Government, referred to as reserved matters.
Anything not listed as a specific reserved matter in the Scotland Act or the Wales Act is devolved to that nation. The UK Parliament can still choose to legislate over devolved areas.
The legal ability of the Scottish Parliament or Senedd to legislate (its "legislative competence") on a matter is largely determined by whether it is reserved or not.[2] [3] [4] [5]
Reserved matters are subdivided into two categories: General reservations and specific reservations.
General reservations cover major issues which are always handled centrally by the Parliament in Westminster:[6] [7]
Additionally, in Wales, all matters concerning the single legal jurisdiction of England and Wales are reserved, including courts, tribunals, judges, civil and criminal legal proceedings, pardons for criminal offences, private international law, and judicial review of administrative action. An exception in Wales allows the Senedd to create Wales-specific tribunals that are not concerned with reserved matters.
Specific reservations cover policy areas which can only be regulated by Westminster, listed under 'heads':
| Head | Scotland | Wales | |
|---|---|---|---|
| Head A: Financial and economic matters | |||
| Fiscal, economic and monetary policy | |||
| The currency | |||
| Financial services and financial markets | |||
| Money laundering | |||
| Distribution of money from dormant bank accounts | |||
| Head B: Home affairs | |||
| Elections to the House of Commons | |||
| Emergency powers | |||
| Immigration and nationality | |||
| Extradition | |||
| National security and counter-terrorism | |||
| Policing, criminal investigations and private security | |||
| Anti-social behaviour and public order | |||
| Illicit drugs | |||
| Firearms | |||
| Air gun licensing | |||
| Betting, gaming and lotteries | |||
| Knives | |||
| Alcohol | |||
| Hunting with dogs and dangerous dogs | |||
| Prostitution, modern slavery | |||
| Film classification | |||
| Scientific procedures on live animals | |||
| Access to information | [8] | ||
| Lieutenancies | |||
| Charities | |||
| Head C: Trade and industry | |||
| Regulation of businesses, insolvency, competition law | [9] | ||
| Copyright and intellectual property | |||
| Import and export control | |||
| Sea fishing outside the Scottish zone | |||
| Customer protection, product standards and product safety | |||
| Consumer advocacy and advice | |||
| Weights and measures | |||
| Telecommunications and postal services | |||
| Research councils | |||
| Industrial development and protection of trading interests | |||
| Water and sewerage outside Wales | |||
| Pubs Code Regulations | |||
| Sunday trading | |||
| Head D: Energy | |||
| Electricity | |||
| Oil and gas, coal and nuclear energy | |||
| Heating and cooling | |||
| Energy efficiency | |||
| Head E: Transport | |||
| Traffic, vehicle and driver regulation | |||
| Train services | [10] | ||
| Policing of railways and railway property | |||
| Navigation, shipping regulation and coastguard | |||
| Ports, harbours and shipping services outside Scotland or Wales | |||
| Air transport | |||
| Head F: Social security | |||
| National Insurance, social security schemes | [11] | ||
| Child support | |||
| Occupational, personal and war pensions | |||
| Public sector compensation | |||
| Head G: Regulation of the professions | |||
| Regulation of architects and auditors | |||
| Regulation of the health professions | |||
| Head H: Employment | |||
| Employment and industrial relations | |||
| Health and safety | [12] | ||
| Industrial training boards | |||
| Job search and support | |||
| Head J: Health and medicines | |||
| Abortion | |||
| Xenotransplantation | |||
| Embryology, surrogacy and human genetics | |||
| Medicines, medical supplies and poisons | [13] | ||
| Welfare foods | |||
| Head K: Media and culture | |||
| Broadcasting | |||
| Public lending right | |||
| Government Indemnity Scheme for cultural objects on loan | |||
| Safety of sports grounds | |||
| (Wales only) Part 1: The Constitution | |||
| The Crown Estate | |||
| (Wales only) Head L: Justice | |||
| The legal profession, legal services and legal aid | |||
| Coroners | [14] | ||
| Arbitration | |||
| Mental capacity | |||
| Personal data | |||
| Public sector information and public records | |||
| Compensation for persons affected by crime | |||
| Prisons and offender management | |||
| Marriage, family relationships, matters concerning children | |||
| Gender recognition | [15] [16] | ||
| Registration of births, deaths and places of worship | |||
| (Wales only) Head M: Land and Agricultural Assets | |||
| Registration of land, agricultural charges and debentures | |||
| Certain powers relating to infrastructure planning, building regulation on Crown land, and land compensation | |||
| Head L (Scotland) / Head N (Wales): Miscellaneous | |||
| Judicial salaries[17] | |||
| Equal opportunities | |||
| Control of nuclear, biological and chemical weapons | |||
| The Ordnance Survey | |||
| Time and calendars | |||
| Bank holidays | |||
| Outer space | |||
| Antarctica | |||
| Deep sea mining | |||
The reserved matters continue to be controversial in some quarters and there are certain conflicts or anomalies. For example, in Scotland, the funding of Scottish Gaelic television is controlled by the Scottish Government, but broadcasting is a reserved matter, and while energy is a reserved matter, planning permission for power stations is devolved.
Prior to the passage of the Wales Act 2017, issues were only devolved if outlined in the Government of Wales Act 1998 or the Government of Wales Act 2006.
The Government of Wales Act 1998 lists the following fields to be transferred to the National Assembly for Wales:[18]
The Government of Wales Act 2006 updated the list of fields, as follows:[19]
Schedule 5 to the 2006 Act could be amended to add specific matters to the broad subject fields, thereby extending the legislative competence of the Assembly.[20]
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:[21]
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:
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.)
The Parliament of Northern Ireland was suspended on 30 March 1972 by the Northern Ireland (Temporary Provisions) Act 1972,[22] with Stormont's legislative powers being transferred to the Queen in Council.
The Parliament of Northern Ireland was abolished outright by the Northern Ireland Constitution Act 1973;[23] 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 29 May 1974,[24] having only passed two Measures.
The Assembly was dissolved under the Northern Ireland Act 1974,[25] [26] 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 on 2 December 1999,[27] under the Northern Ireland Act 1998, following the Belfast Agreement of 10 April 1998.
Excepted matters are outlined in Schedule 2 of the Northern Ireland Act 1998:[28]
Reserved matters are outlined in Schedule 3 of the Northern Ireland Act 1998:[29]
Following 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 following the Belfast Agreement.
The Hillsborough Castle Agreement[30] on 5 February 2010 resulted in the following reserved powers being transferred to the Northern Ireland Assembly on 12 April 2010:[31]
Some policing and justice powers remain reservedto Westminster:[32]
A number of policing and justice powers remain excepted matters and were not devolved.These include:
Northern Ireland has parity with Great Britain in three areas:
Policy in these areas is technically devolved but, in practice, follows policy set by the Westminster Parliament to provide consistency across the United Kingdom.[33]