Reserved and devolved matters

The establishment of the Scottish Parliament and the Scottish Executive is provided for in the Scotland Act 1998. Schedule 5 to the Act sets out those matters which are reserved to the UK Parliament. All other issues are deemed to be devolved.

Reserved Matters include:

  • The Constitution
  • Foreign affairs
  • Defence
  • International development
  • The Civil Service
  • Financial and economic matters
  • National security
  • Immigration and nationality
  • Misuse of drugs
  • Trade and Industry
  • Various aspects of energy regulation (e.g. electricity; coal, oil and gas; nuclear energy)
  • Various aspects of transport (e.g. regulation of air services, rail and international shipping)
  • Social security
  • Employment
  • Abortion, genetics, surrogacy, medicines
  • Broadcasting
  • Equal opportunities

A more detailed list of reserved matters can be viewed in Link opens in new windowSchedule 5 of the Scotland Act. Please note that Schedule 5 has been amended since the Scotland Act gained Royal Assent.

Devolved Matters include:

  • Health and social work
  • Education and training
  • Local Government and housing
  • Justice and police
  • Agriculture, forestry and fisheries
  • The environment
  • Tourism, sport and heritage
  • Economic development and internal transport

Information on devolved matters can be obtained from the Link opens in new windowwebsite of the Scottish Government.

The Scottish Parliament has the power to pass primary legislation, but cannot legislate on reserved matters. Nor by Schedule 4 can it amend protected enactments, such as certain Articles of the Act of Union. The UK Parliament remains sovereign, but has not knowingly legislated on a devolved matter since devolution without the agreement of the Scottish Parliament.

Devolution links - Scotland: