Reserved and excepted matters
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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 Northwestern Europe, off the coast of European mainland, the 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 of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
has devolved its legislative power to the national legislatures of
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
,
Wales Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
and
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
, while reserved matters and excepted matters are the areas where the UK Parliament retains exclusive power to legislate. Devolution in the United Kingdom is regarded as the decentralisation of power from the UK Government, with powers devolved to the
Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
and
Scottish Government The Scottish Government (, ) is the executive arm of the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution, and is headquartered at St Andrew's House in ...
, the Northern Ireland Assembly and Northern Ireland Executive and the
Welsh Parliament 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, Its ro ...
and
Welsh Government The Welsh Government ( ) is the Executive (government), executive arm of the Welsh devolution, devolved government of Wales. The government consists of Cabinet secretary, cabinet secretaries and Minister of State, ministers. It is led by the F ...
, in all areas except those which are reserved or excepted. Amongst the four
countries of the United Kingdom Since 1922, the United Kingdom has been made up of four countries: England, Scotland, Wales (which collectively make up Great Britain) and Northern Ireland (#Terminology, variously described as a country, province, jurisdiction or region). The ...
, Scotland has the most extensive devolved powers controlled by the Scottish Parliament, with the Scottish Government being described as the "most powerful devolved government in the world". In theory, reserved matters could be devolved at a later date, whereas excepted matters (defined only in relation to Northern Ireland) are not supposed to be considered for further devolution. In practice, the difference is minor as Westminster is responsible for all the powers on both lists and its consent is both necessary and sufficient to devolve them. Because Westminster 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

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. * Scotland Act 1998 amended by the Scotland Act 2012 and the Scotland Act 2016. *
Government of Wales Act 1998 A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
amended by the Government of Wales Act 2006, the Wales Act 2014 and the Wales Act 2017 As a result of the historical and administrative differences between Scotland, Wales and Northern Ireland, matters which are devolved and which are reserved, varies between each country. In
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
, the powers of the Northern Ireland Assembly do not cover reserved matters or excepted matters. In
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
, 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 ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
. The Scottish Parliament controls around 60% of spending in Scotland. Any form of revenue raised within the Scottish economy will remain in Scotland, whilst the Scottish Government is permitted to retain the first ten percentage points of VAT collected in Scotland (50% of revenue). Additionally, the Scottish Government has control over Air Passenger Duty (the tax to be paid by air travellers leaving Scotland), Aggregates Levy (the power to tax companies involved in extracting aggregates within Scotland) and has additional borrowing powers which permits the Scottish Government to borrow up to 10% of its budget annually. The Scottish Government can borrow up to £3.5 billion in additional funding to invest in public services, such as schools, transportation networks and healthcare, amongst other areas. In
Wales Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
, 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. In Wales, the Welsh Government became responsible for income tax only in 2019, meaning individuals with their permanent residence located in Wales and, as a result, pay Income Tax in Wales, will now pay Welsh rates of Income Tax which is set by the Welsh Government. Additionally, the Welsh Government has been granted powers over Land Transaction Tax and Landfill Disposals Tax.


Scotland and Wales

The devolution schemes in Scotland and Wales are set up in a similar manner. The
Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
has granted legislative power to the
Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
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. Additionally, the Scottish Parliament can overturn any piece of existing UK legislation and introduce legislation in areas not retained by Westminster, whilst the Welsh Assembly is only permitted to amend existing UK legislation passed by the UK Parliament in the areas devolved to Wales. The Scottish Parliament has substantially more powers than both the Welsh Parliament and Northern Ireland Assembly, with the Scottish Government being described as "one of the most powerful devolved governments in the world". The Scottish Parliament has the power to vary the basic rate of income tax whilst the Welsh Parliament relies only on funding by the central UK government. Additionally, Scotland has been granted substantially more powers on international affairs and foreign engagement. Despite foreign affairs remaining a reserved matter to the UK parliament, the Scottish Government has been granted authority to be more directly involved in government decision making on European Union matters and relations. In Wales, this is not the case, with the Welsh Government having no additional power on international relations, with this right being retained by the Secretary of State for Wales in the UK Government. Scotland has the most extensive tax powers of any of the devolved governments, followed by Wales and Northern Ireland. The three devolved governments have full legislative power over council tax, business tax, whilst Scotland and Wales has additional tax powers in areas such as property tax, landfill tax, stamp tax and some aspects of income tax, whilst the Northern Ireland Executive does not. Furthermore, Scotland has legislative control over areas such as air passenger duty, value added tax (VAT) and aggregates levy. The Welsh Government and Northern Ireland Executive do not have control over those areas in their respective countries.


Devolved powers in Scotland

Of the three countries within the United Kingdom with devolved parliaments, the Scottish Parliament has the most extensive devolved powers in which it is responsible for. The responsibilities of the Scottish Ministers broadly follow those of the Scottish Parliament provided for in the Scotland Act 1998 and subsequent UK legislation. Where pre-devolution legislation of the UK Parliament provided that certain functions could be performed by UK Government ministers, these functions were transferred to the Scottish Ministers if they were within the legislative competence of the Scottish Parliament. Functions which were devolved under the Scotland Act 1998 included: *
Healthcare Health care, or healthcare, is the improvement or maintenance of health via the preventive healthcare, prevention, diagnosis, therapy, treatment, wikt:amelioration, amelioration or cure of disease, illness, injury, and other disability, physic ...
NHS Scotland, mental health, dentistry, social care *
Education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
– pre-school, primary, secondary, further, higher and lifelong education, as well as educational training policy and programmes * Student Awards Agency for Scotland * Scottish Public Pensions Agency * Scots law and justice – civil justice, civil law and procedure, courts, criminal justice, criminal law and procedure, debt and bankruptcy, family law, legal aid, the legal profession, property law and Disclosure Scotland *Most aspects of
transport Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...
– setting drink and drug-driving limits, speed limits, some aspects of railways, including Scottish passenger rail franchises ( ScotRail), concessionary travel schemes, cycling, parking, local road pricing, congestion charging, promotion of road safety and road signs * Environment – environmental protection policy, climate change, pollution, waste management, water supplies and sewerage, national parks and flood and coastal protection * Policing and the Scottish Prison Service * Planning system in Scotland *Rural Affairs (including Cairngorms National Park Authority, Loch Lomond and The Trossachs National Park Authority, Crofting Commission, Scottish Forestry, Forestry and Land Scotland, Scottish Environment Protection Agency,
NatureScot NatureScot () is an Scottish public bodies#Executive NDPBs, executive non-departmental public body of the Scottish Government responsible for Scotland’s natural heritage, especially its nature, natural, genetics, genetic and scenic diversity. ...
and Scottish Land Commission) *
Housing Housing refers to a property containing one or more Shelter (building), shelter as a living space. Housing spaces are inhabited either by individuals or a collective group of people. Housing is also referred to as a human need and right to ...
– housing policy, Scottish Housing Regulator, affordable homes, homelessness and homelessness legislation, child poverty, security of tenure, energy efficiency, homeownership, short assured tenancy, rented housing and
rent control Rent regulation is a system of laws for the rental market of dwellings, with controversial effects on affordability of housing and tenancies. Generally, a system of rent regulation involves: *Price controls, limits on the rent that a landlord ...
, Town Centre First, social rents, private sector housing security, Tenancy deposit schemes, Scottish Social Housing Charter and the Scottish Housing Quality Standard * Accountant in Bankruptcy *Agriculture, forestry and fisheries – most aspects of animal welfare, but not including animal testing and research *
Sport Sport is a physical activity or game, often Competition, competitive and organization, organized, that maintains or improves physical ability and skills. Sport may provide enjoyment to participants and entertainment to spectators. The numbe ...
and the
arts The arts or creative arts are a vast range of human practices involving creativity, creative expression, storytelling, and cultural participation. The arts encompass diverse and plural modes of thought, deeds, and existence in an extensive ...
Creative Scotland Creative Scotland ( ; ) is the development body for the arts and creative industries in Scotland. Based in Edinburgh, it is an executive non-departmental public body of the Scottish Government The Scottish Government (, ) is the execut ...
, the National Gallery of Scotland, library and museum collections, the
National Museum of Scotland The National Museum of Scotland in Edinburgh, Scotland, is a museum of Scottish history and culture. It was formed in 2006 with the merger of the new Museum of Scotland, with collections relating to Scottish antiquities, culture and history, ...
, national performing companies and SportScotland, the national agency for sport *Consumer advocacy and advice *
Tourism Tourism is travel for pleasure, and the Commerce, commercial activity of providing and supporting such travel. World Tourism Organization, UN Tourism defines tourism more generally, in terms which go "beyond the common perception of tourism as ...
VisitScotland and promotion of major events in Scotland *Economic development *Freedom of Information (FOI) requests Subsequently, the Scotland Acts of
2012 2012 was designated as: *International Year of Cooperatives *International Year of Sustainable Energy for All Events January *January 4 – The Cicada 3301 internet hunt begins. * January 12 – Peaceful protests begin in the R ...
and 2016 transferred powers over: * Some taxation powers – full control of
Income Tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
on income earned through employment, Land and Buildings Transaction Tax, Landfill Tax, Aggregates Levy, Air Departure Tax, Revenue Scotland * Drink driving limits * Air weapons *Additional borrowing powers, up to the sum of £5 billion * Transport police in Scotland * Road signs, speed limits and
abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...
rights in Scotland * Powers over Income Tax rates and bands on non-savings and non-dividend income * Scottish Parliament and local authority elections *Some social security powers (Adult Disability Payment, Pension Age Disability Payment, Funeral Support Payment, Carer Support Payment, Young Carer Grant, Job Start Payment, Winter Heating Payment) * Crown Estate of Scotland – management of the Crown Estate's economic assets in Scotland *Some aspects of the benefits system – Best Start Grant, Carer's Allowance Supplement, Child Disability Payment, Child Winter Heating Assistance, Funeral Support Payment, Universal Credit (although this is remains a reserved benefit, some powers over how it is paid have been devolved to the Scottish Parliament) * Extended powers over Employment Support and the housing aspect of
Universal Credit Universal Credit is a United Kingdom based Welfare state in the United Kingdom, social security payment. It is Means test, means-tested and is replacing and combining six benefits, for working-age households with a low income: income-related Emp ...
*Some aspects of the energy network in Scotland
renewable energy Renewable energy (also called green energy) is energy made from renewable resource, renewable natural resources that are replenished on a human lifetime, human timescale. The most widely used renewable energy types are solar energy, wind pow ...
, energy efficiency and onshore oil and gas licensing * The right to receive half of the VAT raised in Scotland. *Some aspects of equality legislation in Scotland *Gaming machine licensing The 1998 Act also provided for orders to be made allowing Scottish Ministers to exercise powers of UK Government ministers in areas that remain reserved to the
Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
. Equally the Act allows for the Scottish Ministers to transfer functions to the UK Government ministers, or for particular "agency arrangements". This executive devolution means that the powers of the Scottish Ministers and the Scottish Parliament are not identical. The members of the Scottish government have substantial influence over
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
in Scotland, putting forward the majority of bills that are successful in becoming Acts of the Scottish Parliament.


Devolved powers in Wales

Following the "yes" vote in the referendum on further law-making powers for the assembly on 3 March 2011, the Welsh Government is now entitled to propose bills to the National Assembly for Wales on subjects within 20 fields of policy. Subject to limitations prescribed by the Government of Wales Act 2006, Acts of the National Assembly may make any provision that could be made by Act of Parliament. The 20 areas of responsibility devolved to the National Assembly for Wales (and within which Welsh ministers exercise executive functions) are: The Government of Wales Act 2006 updated the list of fields, as follows: *
agriculture Agriculture encompasses crop and livestock production, aquaculture, and forestry for food and non-food products. Agriculture was a key factor in the rise of sedentary human civilization, whereby farming of domesticated species created ...
, fisheries,
forestry Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests and woodlands for associated resources for human and Natural environment, environmental benefits. Forestry is practiced in plantations and ...
and
rural development Rural development is the process of improving the quality of life, quality of life and economic well-being of people living in rural areas, often relatively isolated and sparsely populated areas. Often, rural regions have experienced rural povert ...
* ancient monuments and historic buildings *
culture Culture ( ) is a concept that encompasses the social behavior, institutions, and Social norm, norms found in human societies, as well as the knowledge, beliefs, arts, laws, Social norm, customs, capabilities, Attitude (psychology), attitudes ...
*
economic development In economics, economic development (or 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 and object ...
*
education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
and
training Training is teaching, or developing in oneself or others, any skills and knowledge or fitness that relate to specific useful competencies. Training has specific goals of improving one's capability, capacity, productivity and performance. I ...
* environment *
fire Fire is the rapid oxidation of a fuel in the exothermic chemical process of combustion, releasing heat, light, and various reaction Product (chemistry), products. Flames, the most visible portion of the fire, are produced in the combustion re ...
and rescue services and promotion of fire safety *
food Food is any substance consumed by an organism for Nutrient, nutritional support. Food is usually of plant, animal, or Fungus, fungal origin and contains essential nutrients such as carbohydrates, fats, protein (nutrient), proteins, vitamins, ...
*
health Health has a variety of definitions, which have been used for different purposes over time. In general, it refers to physical and emotional well-being, especially that associated with normal functioning of the human body, absent of disease, p ...
and health services * highways and
transport Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...
*
housing Housing refers to a property containing one or more Shelter (building), shelter as a living space. Housing spaces are inhabited either by individuals or a collective group of people. Housing is also referred to as a human need and right to ...
*
local government Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state. Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
* the National Assembly for Wales *
public administration Public administration, or public policy and administration refers to "the management of public programs", or the "translation of politics into the reality that citizens see every day",Kettl, Donald and James Fessler. 2009. ''The Politics of the ...
* social welfare *
sport Sport is a physical activity or game, often Competition, competitive and organization, organized, that maintains or improves physical ability and skills. Sport may provide enjoyment to participants and entertainment to spectators. The numbe ...
and recreation *
tourism Tourism is travel for pleasure, and the Commerce, commercial activity of providing and supporting such travel. World Tourism Organization, UN Tourism defines tourism more generally, in terms which go "beyond the common perception of tourism as ...
* town and country planning *
water Water is an inorganic compound with the chemical formula . It is a transparent, tasteless, odorless, and Color of water, nearly colorless chemical substance. It is the main constituent of Earth's hydrosphere and the fluids of all known liv ...
and
flood A flood is an overflow of water (list of non-water floods, 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 of significant con ...
defence * the
Welsh language Welsh ( or ) is a Celtic languages, Celtic language of the Brittonic languages, Brittonic subgroup that is native to the Welsh people. Welsh is spoken natively in Wales by about 18% of the population, by some in England, and in (the Welsh c ...
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.


Comparison between Scottish and Welsh powers

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 (, ; Endonym and exonym, endonym: ), also known as Scots Gaelic or simply Gaelic, is a Celtic language native to the Gaels of Scotland. As a member of the Goidelic language, Goidelic branch of Celtic, Scottish Gaelic, alongs ...
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.


Northern Ireland


Devolved powers in Northern Ireland

* Health and social services * Education * Employment and skills * Agriculture * Social security * Pensions and child support * Housing * Economic development * Local government * Environmental issues, including planning * Transport * Culture and sport * The Northern Ireland Civil Service * Equal opportunities * Justice and policing The Hillsborough Castle Agreement on 5 February 2010 resulted in the following reserved powers being transferred to the Northern Ireland Assembly on 12 April 2010: *
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
* policing *
prosecution A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
* public order * courts * prisons and
probation Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incar ...


Reserved (excepted) matters

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: * the Crown * the Union with England, Scotland and Wales * the making of
peace Peace is a state of harmony in the absence of hostility and violence, and everything that discusses achieving human welfare through justice and peaceful conditions. In a societal sense, peace is commonly used to mean a lack of conflict (suc ...
or war * the
armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a ...
*
treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
or any relations with foreign states or dominions * naturalization * external trade *
navigation Navigation is a field of study that focuses on the process of monitoring and controlling the motion, movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navig ...
(including merchant shipping) * submarine cables *
wireless telegraphy Wireless telegraphy or radiotelegraphy is the transmission of text messages by radio waves, analogous to electrical telegraphy using electrical cable, cables. Before about 1910, the term ''wireless telegraphy'' was also used for other experimenta ...
* aerial navigation * lighthouses *
currency A currency 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 definition is that a currency is a ''system of money'' in common use within a specific envi ...
*
copyright A copyright is a type of intellectual property that gives its owner the exclusive legal 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, ...
This was the first practical example of devolution 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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
and followed three unsuccessful attempts to provide
home rule Home rule is the government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governan ...
for the whole island of
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
: * Government of Ireland Bill 1886 * Government of Ireland Bill 1893 * Government of Ireland Act 1914 Excepted matters are outlined in Schedule 2 of the Northern Ireland Act 1998: * the Crown *
Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
*
international relations International relations (IR, and also referred to as international studies, international politics, or international affairs) is an academic discipline. In a broader sense, the study of IR, in addition to multilateral relations, concerns al ...
*
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 (economics), human development on an international sca ...
* defence *
weapons of mass destruction A weapon of mass destruction (WMD) is a Biological agent, biological, chemical weapon, chemical, Radiological weapon, radiological, nuclear weapon, nuclear, or any other weapon that can kill or significantly harm many people or cause great dam ...
* honours *
treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
* immigration and nationality * taxation * national insurance *
elections An election is a formal group decision-making process whereby a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operated ...
*
currency A currency 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 definition is that a currency is a ''system of money'' in common use within a specific envi ...
*
national security National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of ...
*
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, the energy needed to fuse or split a nucleus of an atom *Nuclear potential energy, the pot ...
*
space Space is a three-dimensional continuum containing positions and directions. In classical physics, physical space is often conceived in three linear dimensions. Modern physicists usually consider it, with time, to be part of a boundless ...
Reserved matters are outlined in Schedule 3 of the Northern Ireland Act 1998: *
navigation Navigation is a field of study that focuses on the process of monitoring and controlling the motion, movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navig ...
(including merchant shipping) *
civil aviation Civil aviation is one of two major categories of flying, representing all non-military and non-state aviation, which can be both private and commercial. Most countries in the world are members of the International Civil Aviation Organization and ...
* The
foreshore The intertidal zone or foreshore is the area above water level at low tide and underwater at high tide; in other words, it is the part of the littoral zone within the tidal range. This area can include several types of Marine habitat, habitats ...
, sea bed and
subsoil Subsoil is the layer of soil under the topsoil on the surface of the ground. Like topsoil, it is composed of a variable mixture of small particles such as sand, silt and clay, but with a much lower percentage of organic matter and humus. The su ...
and their natural resources * postal services * import and export controls, external trade * national minimum wage *
financial services Financial services are service (economics), economic services tied to finance provided by financial institutions. Financial services encompass a broad range of tertiary sector of the economy, service sector activities, especially as concerns finan ...
* 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, co ...
*
units of measurement A unit of measurement, or unit of measure, is a definite magnitude (mathematics), 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 qua ...
*
telecommunications Telecommunication, often used in its plural form or abbreviated as telecom, is the transmission of information over a distance using electronic means, typically through cables, radio waves, or other communication technologies. These means of ...
,
broadcasting Broadcasting is the data distribution, distribution of sound, audio audiovisual content to dispersed audiences via a electronic medium (communication), mass communications medium, typically one using the electromagnetic spectrum (radio waves), ...
,
internet The Internet (or internet) is the Global network, 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 ...
services * The National Lottery * xenotransplantation *
surrogacy Surrogacy is an arrangement whereby a woman gets pregnant and gives birth on behalf of another person or couple who will become the child's legal parents after birth. People pursue surrogacy for a variety of reasons such as infertility, danger ...
* human fertilisation and
embryology Embryology (from Ancient Greek, Greek ἔμβρυον, ''embryon'', "the unborn, embryo"; and -λογία, ''-logy, -logia'') is the branch of animal biology that studies the Prenatal development (biology), prenatal development of gametes (sex ...
* 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 Augustinians, Augustinian ...
* consumer safety in relation to goods Following the suspension of the Parliament of Northern Ireland, policing and justice powers transferred to the
UK Parliament The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of ...
and were subsequently administered by the
Northern Ireland Office The Northern Ireland Office (NIO; , Ulster-Scots: ''Norlin Airlann Oaffis'') is a ministerial department of the Government of the United Kingdom. It is responsible for handling Northern Ireland affairs. The NIO is led by the Secretary of S ...
within the
UK Government His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central government, central executive authority of the United Kingdom of Great Britain and Northern Ireland.
. These powers were not devolved following the Belfast Agreement. Some policing and justice powers remain
reserved Reserved is a Polish apparel retailer headquartered in Gdańsk, Poland. It was founded in 1999 and remains the flagship brand of the LPP (company), LPP group, which has more than 2,200 retail stores located in over 38 countries and also owns su ...
to Westminster: * the prerogative of mercy in terrorism cases *
drug classification A drug is any chemical substance other than a nutrient or an essential dietary ingredient, which, when administered to a living organism, produces a biological effect. Consumption of drugs can be via insufflation (medicine), inhalation, drug i ...
* the
National Crime Agency The National Crime Agency (NCA) is a Law enforcement agency#natlea, national law enforcement agency in the United Kingdom. It is the UK's lead agency against organised crime; Human trafficking, human, Arms trafficking, weapon and Illegal drug t ...
* accommodation of prisoners in separated conditions * parades * security of
explosives An explosive (or explosive material) is a reactive substance that contains a great amount of potential energy that can produce an explosion if released suddenly, usually accompanied by the production of light, heat, sound, and pressure. An exp ...
A number of policing and justice powers remain excepted matters and were not devolved. These include: *
extradition In an extradition, one Jurisdiction (area), jurisdiction delivers a person Suspect, accused or Conviction, convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforc ...
(as an
international relations International relations (IR, and also referred to as international studies, international politics, or international affairs) is an academic discipline. In a broader sense, the study of IR, in addition to multilateral relations, concerns al ...
matter) * military justice (as a defence matter) *
immigration Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as Permanent residency, permanent residents. Commuting, Commuter ...
*
national security National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of ...
(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 t ...
services) Irish unionists initially opposed home rule, but later accepted it for
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
, where they formed a majority. (The rest of the island became independent as what is now the
Republic of Ireland Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. ...
.)


History of Northern Irish devolution

The Parliament of Northern Ireland 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. The Parliament of Northern Ireland was abolished outright by the Northern Ireland Constitution Act 1973; 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, having only passed two Measures. The Assembly was dissolved 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 Northern Ireland Assembly on 2 December 1999, under the Northern Ireland Act 1998, following the Belfast Agreement of 10 April 1998.


Parity

Northern Ireland has parity with
Great Britain Great Britain is an island in the North Atlantic Ocean off the north-west coast of continental Europe, consisting of the countries England, Scotland, and Wales. With an area of , it is the largest of the British Isles, the List of European ...
in three areas: *
social security Welfare spending 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 specifically to social insurance ...
* child support * pensions Policy in these areas is technically devolved but, in practice, follows policy set by the UK Parliament to provide consistency across the United Kingdom.


Common devolved and reserved powers


Devolved

*
agriculture Agriculture encompasses crop and livestock production, aquaculture, and forestry for food and non-food products. Agriculture was a key factor in the rise of sedentary human civilization, whereby farming of domesticated species created ...
, fisheries,
forestry Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests and woodlands for associated resources for human and Natural environment, environmental benefits. Forestry is practiced in plantations and ...
and
rural development Rural development is the process of improving the quality of life, quality of life and economic well-being of people living in rural areas, often relatively isolated and sparsely populated areas. Often, rural regions have experienced rural povert ...
* borrowing powers (Scotland only) *
culture Culture ( ) is a concept that encompasses the social behavior, institutions, and Social norm, norms found in human societies, as well as the knowledge, beliefs, arts, laws, Social norm, customs, capabilities, Attitude (psychology), attitudes ...
* the Crown Estate (Scotland only) *
economic development In economics, economic development (or 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 and object ...
*
education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
and
training Training is teaching, or developing in oneself or others, any skills and knowledge or fitness that relate to specific useful competencies. Training has specific goals of improving one's capability, capacity, productivity and performance. I ...
* environment *
fire Fire is the rapid oxidation of a fuel in the exothermic chemical process of combustion, releasing heat, light, and various reaction Product (chemistry), products. Flames, the most visible portion of the fire, are produced in the combustion re ...
and rescue services and promotion of fire safety *
food Food is any substance consumed by an organism for Nutrient, nutritional support. Food is usually of plant, animal, or Fungus, fungal origin and contains essential nutrients such as carbohydrates, fats, protein (nutrient), proteins, vitamins, ...
*
health Health has a variety of definitions, which have been used for different purposes over time. In general, it refers to physical and emotional well-being, especially that associated with normal functioning of the human body, absent of disease, p ...
and health services *
housing Housing refers to a property containing one or more Shelter (building), shelter as a living space. Housing spaces are inhabited either by individuals or a collective group of people. Housing is also referred to as a human need and right to ...
*
justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
and policing (in Scotland & Northern Ireland only) *
local government Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state. Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
*
public administration Public administration, or public policy and administration refers to "the management of public programs", or the "translation of politics into the reality that citizens see every day",Kettl, Donald and James Fessler. 2009. ''The Politics of the ...
* social welfare *
sport Sport is a physical activity or game, often Competition, competitive and organization, organized, that maintains or improves physical ability and skills. Sport may provide enjoyment to participants and entertainment to spectators. The numbe ...
and recreation *
tourism Tourism is travel for pleasure, and the Commerce, commercial activity of providing and supporting such travel. World Tourism Organization, UN Tourism defines tourism more generally, in terms which go "beyond the common perception of tourism as ...
* town and country planning *
water Water is an inorganic compound with the chemical formula . It is a transparent, tasteless, odorless, and Color of water, nearly colorless chemical substance. It is the main constituent of Earth's hydrosphere and the fluids of all known liv ...
and
flood A flood is an overflow of water (list of non-water floods, 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 of significant con ...
defence


Reserved

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 The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of ...
* registration and funding of
political parties A political party is an organization that coordinates candidates to compete in a particular area's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or p ...
* the making of
peace Peace is a state of harmony in the absence of hostility and violence, and everything that discusses achieving human welfare through justice and peaceful conditions. In a societal sense, peace is commonly used to mean a lack of conflict (suc ...
or war * international relations and
treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
* international development * international trade * the
Civil Service The civil service is a collective term for a sector of government composed mainly of career civil service personnel hired rather than elected, whose institutional tenure typically survives transitions of political leadership. A civil service offic ...
of the United Kingdom * defence *
treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
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 singl ...
s, 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.


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