In the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

, devolved matters are the areas of public policy where the

Parliament of the United Kingdom The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...

has devolved its legislative power to the national assemblies of

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to th ...

Wales Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...

and

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. North ...

, while reserved matters and excepted matters are the areas where the 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). However, 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.

Devolution of powers within the United Kingdom

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: * Northern Ireland Act 1998 amended by the

Northern Ireland Act 2006 The Northern Ireland Act 2006 (c. 17) was an Act of the Parliament of the United Kingdom. It made provision in connection with the Northern Ireland Assembly. It was repealed by section 22 of the Northern Ireland (St Andrews Agreement) Act 200 ...

. *

Scotland Act 1998 The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...

amended by the Scotland Act 2012 and the Scotland Act 2016. * Government of Wales Act 1998 amended by the Government of Wales Act 2006, the Wales Act 2014 and the Wales Act 2017 In

, the powers of the

Northern Ireland Assembly sco-ulster, Norlin Airlan Assemblie , legislature = Seventh Assembly , coa_pic = File:NI_Assembly.svg , coa_res = 250px , house_type = Unicameral , house1 = , leader1_type = ...

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 In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...

is responsible for all the powers on both lists and must give its consent to devolve them. In

, 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 The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holy ...

. In

, 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 The Senedd (; ), officially known as the Welsh Parliament in English language, English and () in Welsh language, Welsh, is the Devolution in the United Kingdom, devolved, unicameral legislature of Wales. A democratically elected body, it makes ...

and any matter not listed in the Act was implicitly reserved to Westminster.

Devolution in Scotland and Wales

Map of Scotland within the United Kingdom

The devolution schemes in Scotland and Wales are set up in a similar manner. The

has granted legislative power to the

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. However, the UK Parliament still has the power to legislate over devolved areas if it chooses. 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.

List of devolved matters

agriculture Agriculture or farming is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled peop ...

, fisheries,

forestry Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests, woodlands, and associated resources for human and environmental benefits. Forestry is practiced in plantations and natural stands. ...

and

rural development Rural development is the process of improving the quality life and economic well-being of people living in rural areas, often relatively isolated and sparsely populated areas. Rural development has traditionally centered on the exploitation of ...

culture Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these grou ...

economic development In the economics study of the public sector, economic and social development is the process by which the economic well-being and quality of life of a nation, region, local community, or an individual are improved according to targeted goals a ...

education Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. ...

and training *

environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...

fire Fire is the rapid oxidation of a material (the fuel) in the exothermic chemical process of combustion, releasing heat, light, and various reaction Product (chemistry), products. At a certain point in the combustion reaction, called the ignition ...

and rescue services and promotion of fire safety *

food Food is any substance consumed by an organism for nutritional support. Food is usually of plant, animal, or fungal origin, and contains essential nutrients, such as carbohydrates, fats, proteins, vitamins, or minerals. The substance is ...

health Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organiza ...

and health services *

housing Housing, or more generally, living spaces, refers to the construction and housing authority, assigned usage of houses or buildings individually or collectively, for the purpose of Shelter (building), shelter. Housing ensures that members of so ...

justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...

and policing (in Scotland only) *

local government Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-lo ...

public administration Public Administration (a form of governance) or Public Policy and Administration (an academic discipline) is the implementation of public policy, Administration (government), administration of Government, government establishment (Governance#P ...

* social welfare *

sport Sport pertains to any form of competitive physical activity or game that aims to use, maintain, or improve physical ability and skills while providing enjoyment to participants and, in some cases, entertainment to spectators. Sports can, ...

and recreation *

tourism Tourism is travel for pleasure or business; also the theory and practice of touring, the business of attracting, accommodating, and entertaining tourists, and the business of operating tours. The World Tourism Organization defines tourism ...

* town and country planning *

water Water (chemical formula ) is an inorganic, transparent, tasteless, odorless, and nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living organisms (in which it acts as ...

and

flood A flood is an overflow of water ( or rarely other fluids) that submerges land that is usually dry. In the sense of "flowing water", the word may also be applied to the inflow of the tide. Floods are an area of study of the discipline hydrol ...

defence

List of reserved matters

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: * the Crown * the constitutional matters listed in Schedule 5 of the 1998 Act * the UK Parliament * registration and funding of political parties * the making of

peace Peace is a concept of societal friendship and harmony in the absence of hostility and violence. In a social sense, peace is commonly used to mean a lack of conflict (such as war) and freedom from fear of violence between individuals or groups. ...

or war * international relations and treaties * international development * international trade * the

Civil Service The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...

of the United Kingdom *

defence Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense indust ...

treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

Additionally, in Wales, all matters concerning the single legal jurisdiction of England and Wales are reserved, including courts,

tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a s ...

s, judges and legal proceedings. An exception 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': 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 Scottish Gaelic ( gd, Gàidhlig ), also known as Scots Gaelic and Gaelic, is a Goidelic language (in the Celtic branch of the Indo-European language family) native to the Gaels of Scotland. As a Goidelic language, Scottish Gaelic, as well a ...

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.

Previously transferred matters in Wales

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.

Government of Wales Act 1998

The Government of Wales Act 1998 lists the following fields to be transferred to the

: *

, fisheries and

* ancient monuments and historic buildings *

(including museums, galleries and libraries) *

and training * the

and health services * highways *

* industry *

social services Social services are a range of public services intended to provide support and assistance towards particular groups, which commonly include the disadvantaged. They may be provided by individuals, private and independent organisations, or adminis ...

and recreation *

* town and country planning *

transport Transport (in British English), or transportation (in American English), is the intentional movement of humans, animals, and goods from one location to another. Modes of transport include air, land ( rail and road), water, cable, pipel ...

and

defence * the

Welsh language Welsh ( or ) is a Celtic language of the Brittonic subgroup that is native to the Welsh people. Welsh is spoken natively in Wales, by some in England, and in Y Wladfa (the Welsh colony in Chubut Province, Argentina). Historically, it has ...

Government of Wales Act 2006

The Government of Wales Act 2006 updated the list of fields, as follows: *

, fisheries,

and

* ancient monuments and historic buildings *

and training *

and rescue services and promotion of fire safety *

and health services * highways and

* the

* social welfare *

and recreation *

* town and country planning *

and

defence * the

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.

Devolution in Northern Ireland

Map of Northern Ireland within the United Kingdom

Government of Ireland Act 1920

Devolution in Northern Ireland was originally provided for in the Government of Ireland Act 1920, which stated that the

Parliament of Northern Ireland The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended because of its inability to restore o ...

could not make laws in the following main areas: * the Crown * the Union with England, Scotland and Wales * the making of

or war * the

armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...

* treaties or any relations with foreign states or dominions *

naturalization Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the i ...

* external trade *

navigation Navigation is a field of study that focuses on the process of monitoring and controlling the movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navigation, ...

(including merchant shipping) * submarine cables * wireless telegraphy * aerial navigation * lighthouses *

currency A currency, "in circulation", from la, currens, -entis, literally meaning "running" or "traversing" is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins. A more general ...

copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...

This was the first practical example of devolution in the

and followed three unsuccessful attempts to provide home rule for the whole island of

Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...

: * 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

, where they formed a majority. (The rest of the island became independent as what is now the

Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...

Direct rule

The

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

Northern Ireland Constitution Act 1973

The Parliament of Northern Ireland was abolished outright by the Northern Ireland Constitution Act 1973; legislative competence was conferred instead on the

. 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.

Direct rule again

The Assembly was abolished under the Northern Ireland Act 1974, 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

under the Northern Ireland Act 1998, following the Belfast Agreement of 10 April 1998.

Northern Ireland Act 1998

List of key excepted matters

Excepted matters are outlined in Schedule 2 of the Northern Ireland Act 1998: * the Crown *

international relations International relations (IR), sometimes referred to as international studies and international affairs, is the Scientific method, scientific study of interactions between sovereign states. In a broader sense, it concerns all activities betwe ...

international development International development or global development is a broad concept denoting the idea that societies and countries have differing levels of economic development, economic or human development (humanity), human development on an international scal ...

* weapons of mass destruction * honours *

* immigration and nationality *

taxation A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, o ...

national insurance National Insurance (NI) is a fundamental component of the welfare state in the United Kingdom. It acts as a form of social security, since payment of NI contributions establishes entitlement to certain state benefits for workers and their famil ...

elections An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has opera ...

* national security *

nuclear energy Nuclear energy may refer to: * Nuclear power, the use of sustained nuclear fission or nuclear fusion to generate heat and electricity *Nuclear binding energy Nuclear binding energy in experimental physics is the minimum energy that is required ...

space Space is the boundless three-dimensional extent in which objects and events have relative position and direction. In classical physics, physical space is often conceived in three linear dimensions, although modern physicists usually con ...

List of key reserved matters

Reserved matters are outlined in Schedule 3 of the Northern Ireland Act 1998: *

(including merchant shipping) * civil aviation * The foreshore, sea bed and subsoil and their natural resources *

postal services The mail or post is a system for physically transporting postcards, letter (message), letters, and parcel (package), parcels. A postal service can be private or public, though many governments place restrictions on private systems. Since the mid ...

* import and export controls, external trade * national minimum wage *

financial services Financial services are the economic services provided by the finance industry, which encompasses a broad range of businesses that manage money, including credit unions, banks, credit-card companies, insurance companies, accountancy companie ...

* financial markets *

intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...

units of measurement A unit of measurement is a definite magnitude of a quantity, defined and adopted by convention or by law, that is used as a standard for measurement of the same kind of quantity. Any other quantity of that kind can be expressed as a mul ...

telecommunications Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than tha ...

broadcasting Broadcasting is the distribution of audio or video content to a dispersed audience via any electronic mass communications medium, but typically one using the electromagnetic spectrum (radio waves), in a one-to-many model. Broadcasting began ...

internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a ''internetworking, network of networks'' that consists ...

services * The National Lottery * xenotransplantation * surrogacy * human fertilisation and

embryology Embryology (from Greek ἔμβρυον, ''embryon'', "the unborn, embryo"; and -λογία, '' -logia'') is the branch of animal biology that studies the prenatal development of gametes (sex cells), fertilization, and development of embryos an ...

* human

genetics Genetics is the study of genes, genetic variation, and heredity in organisms.Hartl D, Jones E (2005) It is an important branch in biology because heredity is vital to organisms' evolution. Gregor Mendel, a Moravian Augustinian friar worki ...

* consumer safety in relation to goods

Devolution of policing and justice

After the suspension of the

, policing and justice powers transferred to the UK Parliament and were subsequently administered by the Northern Ireland Office within the

UK Government ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_est ...

. These powers were not devolved after the Belfast Agreement. The Hillsborough Castle Agreement on 5 February 2010 resulted in the following reserved powers being transferred to the

on 12 April 2010: * criminal law * policing *

prosecution A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tri ...

* public order *

courts A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accor ...

prisons A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...

and

probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences ( alternatives to incarceration), suc ...

Some policing and justice powers remain reserved to Westminster: * 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 Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisd ...

(as an

matter) * military justice (as a

matter) *

immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, a ...

* national security (including

intelligence Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. It can be described as the ...

services)

Parity

Northern Ireland has parity with

Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It is ...

in three areas: *

social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...

child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...

* pensions Policy in these areas is technically devolved but, in practice, follows policy set by the

Westminster Parliament The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...

to provide consistency across the

References

External links

Legislation

* * * *

Official guidance (published by the Cabinet Office)

Devolution GuidanceDevolution settlement: ScotlandNorthern Ireland: What is Devolved?Wales: What is Devolved?

Analysis

Constitution Unit, University College LondonDevolution and Constitutional Change Programme
{{DEFAULTSORT:Reserved And Excepted Matters Government of the United Kingdom Government of Scotland Government of Northern Ireland Government of Wales Constitution of the United Kingdom Devolution in the United Kingdom