View source for Devolved, reserved and excepted matters

{{Short description|UK public policy areas}}
{{About|devolution in the United Kingdom|other countries|Reserved powers}}
{{Redirect|Section 30|the Canadian law|Section 30 of the Canadian Charter of Rights and Freedoms}}

{{PoliticsUK}}

In the [[United Kingdom]], '''devolved matters''' are the areas of public policy where the [[Parliament of the United Kingdom]] has [[Devolution in the United Kingdom|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.

Devolution in the United Kingdom is regarded as the decentralisation of power from the UK Government, with powers devolved to the [[Scottish Parliament]] and [[Scottish Government]], the [[Northern Ireland Assembly]] and [[Northern Ireland Executive]] and the [[Welsh Parliament]] and [[Welsh Government]], in all areas except those which are reserved or excepted.<ref>{{cite web |title=Devolution |url=https://www.parliament.uk/site-information/glossary/devolution/ |website=www.parliament.uk |access-date=1 March 2025 |language=en}}</ref> Amongst the four [[Countries of the United Kingdom|countries of the United Kingdom]], 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".<ref>{{cite web |title=The progress of devolution - Erskine May - UK Parliament |url=https://erskinemay.parliament.uk/section/4537/the-progress-of-devolution |website=erskinemay.parliament.uk |access-date=1 March 2025 |language=en}}</ref><ref>{{cite web |title=5 reasons why Scotland is more powerful as part of the United Kingdom |url=https://www.gov.uk/government/news/5-reasons-why-scotland-is-more-powerful-as-part-of-the-united-kingdom |website=GOV.UK |access-date=1 March 2025 |language=en}}</ref>

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 [[Parliamentary sovereignty|sovereign supremacy]], it is still able to pass legislation for all parts of the United Kingdom, including in relation to devolved matters.<ref name="auto">{{Cite web |url= https://www.instituteforgovernment.org.uk/explainers/sewel-convention  | title=Sewel Convention | date=16 January 2018 | publisher=Institute for Government}}</ref>

==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 (St Andrews Agreement) Act 2006|Northern Ireland Act 2006]].
* [[Scotland Act 1998]] 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]]

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.<ref>{{cite web |title=Devolution Toolkit |url=https://assets.publishing.service.gov.uk/media/5a8078b1ed915d74e622ea46/PL13_Devolution_Toolkit_291116_SC_v2.pdf |website=publishing.service.uk |access-date=31 January 2025}}</ref>

In [[Northern Ireland]], the powers of the [[Northern Ireland Assembly]] do not cover [[Northern Ireland Assembly#Reserved matters|reserved matters]] or [[Northern Ireland Assembly#Excepted matters|excepted matters]]. 

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]]. The Scottish Parliament controls around 60% of spending in Scotland. Any form of revenue raised within the [[Economy of Scotland|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.<ref>{{cite web |title=Scotland: Tax and revenue - at a glance |url=https://www.gov.uk/government/publications/scotland-tax-and-revenue-at-a-glance |website=GOV.UK |access-date=31 January 2025 |language=en}}</ref> 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.<ref>{{cite web |title=UK Government confirms increase to Scottish Government borrowing |url=https://www.gov.uk/government/news/uk-government-confirms-increase-to-scottish-government-borrowing |website=GOV.UK |access-date=31 January 2025 |language=en}}</ref>

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 [[Senedd|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.<ref>{{cite web |title=Tax is changing in Wales |url=https://www.gov.uk/government/news/tax-is-changing-in-wales |website=GOV.UK |access-date=31 January 2025 |language=en |date=5 April 2019}}</ref>

==Scotland and Wales==
{{main|Scottish Parliament|Senedd}}
{{see|Scottish Government|Welsh Government}} 
[[File:42nd Summit meeting of the British-Irish Council (54193238924).jpg|thumb|right|The [[First Minister of Scotland]], [[John Swinney]], and [[First Minister of Wales]], [[Eluned Morgan]], meet in [[Edinburgh]], Scotland.]] 

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 [[Devolution|devolved]] to that nation. The UK Parliament can still choose to legislate over devolved areas.<ref name="auto" />

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.<ref>{{Cite web|url=http://www.legislation.gov.uk/ukpga/1998/46/section/29|title=Scotland Act 1998}}</ref><ref>{{Cite web|url=http://www.legislation.gov.uk/ukpga/1998/46/section/30|title=Scotland Act 1998}}</ref><ref>{{Cite web|url=http://www.legislation.gov.uk/ukpga/1998/46/schedule/4|title=Scotland Act 1998}}</ref><ref>{{Cite web|url=http://www.legislation.gov.uk/ukpga/1998/46/schedule/5|title=Scotland Act 1998}}</ref> 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".<ref>{{cite web |title=5 reasons why Scotland is more powerful as part of the United Kingdom |url=https://www.gov.uk/government/news/5-reasons-why-scotland-is-more-powerful-as-part-of-the-united-kingdom |website=GOV.UK |access-date=31 January 2025 |language=en}}</ref> 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.<ref>{{cite web |title=Scottish Referendums |url=https://www.bbc.co.uk/news/special/politics97/devolution/scotland/briefing/differences.shtml |website=www.bbc.co.uk |access-date=31 January 2025}}</ref>

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.<ref>{{cite web |title=Devolution at 25: how has productivity changed in the devolved nations? |url=https://www.economicsobservatory.com/devolution-at-25-how-has-productivity-changed-in-the-devolved-nations |website=Economics Observatory |access-date=31 January 2025 |language=en}}</ref>

===Devolved powers in Scotland===
[[File:Map of Scotland within the United Kingdom.svg|right|120px|thumb|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.<ref>{{cite web |title=The progress of devolution - Erskine May - UK Parliament |url=https://erskinemay.parliament.uk/section/4537/the-progress-of-devolution |website=erskinemay.parliament.uk |access-date=1 March 2025 |language=en}}</ref>

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 [[List of government ministers of the United Kingdom|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:<ref name="Devolved Matters">{{cite web | url= http://www.parliament.scot/visitandlearn/Education/18642.aspx | title= What is Devolution? | publisher= Scottish Parliament | access-date= 29 August 2018 | archive-date= 22 July 2017 | archive-url= https://web.archive.org/web/20170722092046/http://www.parliament.scot/visitandlearn/Education/18642.aspx | url-status= dead }}</ref>
*[[Health in Scotland|Healthcare]] – [[NHS Scotland]], mental health, dentistry, social care
*[[Education in Scotland|Education]] – 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|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 Scotland|transport]] – 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
*[[Scottish Environment Protection Agency|Environment]] – environmental protection policy, climate change, pollution, waste management, water supplies and sewerage, national parks and flood and coastal protection
*[[Police Scotland|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]] and [[Scottish Land Commission]])
* [[Housing in Scotland|Housing]] – housing policy, [[Scottish Housing Regulator]], affordable homes, [[Homelessness in Scotland|homelessness and homelessness legislation]], child poverty, security of tenure, energy efficiency, homeownership, [[Short assured tenancy|short assured tenancy]], rented housing and [[Rent control in Scotland|rent control]], Town Centre First, social rents, private sector housing security, [[Tenancy deposit schemes (Scotland)|Tenancy deposit schemes]], Scottish Social Housing Charter and the Scottish Housing Quality Standard<ref>{{cite web |title=01 Housing in Scotland: A Distinctive Approach |url=https://www.gov.scot/publications/housing-2040-2/pages/3/ |website=www.gov.scot |access-date=28 January 2025 |language=en}}</ref>
* [[Accountant in Bankruptcy]] 
*Agriculture, forestry and fisheries – most aspects of animal welfare, but not including animal testing and research
*[[Sport in Scotland|Sport]] and the [[Culture of Scotland|arts]] – [[Creative Scotland]], the [[National Gallery of Scotland]], library and museum collections, the [[National Museum of Scotland]], national performing companies and [[SportScotland]], the national agency for sport
*Consumer advocacy and advice
*[[Tourism in Scotland|Tourism]] – [[VisitScotland]] and promotion of major events in Scotland
*Economic development
*Freedom of Information (FOI) requests

Subsequently, the Scotland Acts of [[Scotland Act 2012|2012]] and [[Scotland Act 2016|2016]] transferred powers over:<ref name="Devolved Matters in Scotland">{{cite web| url=https://www.gov.scot/about/what-the-government-does/| title=What the Scottish Government does| publisher=Scottish Government| access-date=8 August 2019| archive-date=8 July 2019| archive-url=https://web.archive.org/web/20190708045359/https://www.gov.scot/about/what-the-government-does/| url-status=live}}</ref><ref>{{cite web |title=Devolved and Reserved Powers |url=https://www.parliament.scot/about/how-parliament-works/devolved-and-reserved-powers |website=Parliament.scot |publisher=Scottish Parliament |access-date=28 December 2023}}</ref>
*[[Taxation in Scotland|Some taxation powers]] – full control of [[Income tax in Scotland|Income Tax]] on income earned through employment, [[Land and Buildings Transaction Tax]], [[Scottish Landfill Tax|Landfill Tax]], Aggregates Levy, [[Air Departure Tax]], [[Revenue Scotland]]
*[[Drunk driving law by country|Drink driving limits]]
*[[Air gun|Air weapons]] 
*Additional borrowing powers, up to the sum of £5 billion 
*[[British Transport Police|Transport police in Scotland]] 
*[[Road signs]], [[speed limits]] and [[Abortion in the United Kingdom|abortion]] rights in Scotland 
* Powers over [[Income tax in the United Kingdom|Income Tax rates and bands]] on non-savings and non-dividend income
*[[Elections in Scotland|Scottish Parliament and local authority elections]]
*Some [[Social Security Scotland|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 Scotland|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]]
*Some aspects of the [[Energy in Scotland|energy network in Scotland]] – [[Renewable energy in Scotland|renewable energy]], energy efficiency and onshore [[Oil industry in Scotland|oil and gas licensing]]
* The right to receive half of the [[Value-added tax (United Kingdom)|VAT]] raised in Scotland.<ref>{{cite news|author=Douglas Fraser
|title=Scotland's tax powers: What it has and what's coming?|url=http://www.bbc.co.uk/news/uk-scotland-scotland-politics-35470086|publisher=BBC News|date=2 February 2016|accessdate=2 February 2016}}</ref>
*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]]. 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.<ref>{{Cite web|date=November 2011|title=Devolution Guidance Note 11 – Ministerial Accountability after Devolutio|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/465291/Devolution_Guidance_Note_11_ministerial_accountability_after_devolution.pdf|url-status=live|access-date=2021-05-16|website=assets.publishing.service.gov.uk|archive-date=6 March 2021|archive-url=https://web.archive.org/web/20210306030542/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/465291/Devolution_Guidance_Note_11_ministerial_accountability_after_devolution.pdf}}</ref>

The members of the Scottish government have substantial influence over [[List of Acts of the Scottish Parliament from 1999|legislation]] in Scotland, putting forward the majority of bills that are successful in becoming Acts of the Scottish Parliament.<ref name="works">{{cite web| title=How the Scottish Parliament Works| url=http://www.scottish.parliament.uk/visitandlearn/9981.aspx| publisher=gov.scot| access-date=23 October 2013| url-status=dead| archive-url=https://web.archive.org/web/20131014213042/http://www.scottish.parliament.uk/visitandlearn/9981.aspx| archive-date=14 October 2013}}</ref>

===Devolved powers in Wales===
[[File:Map of Wales within the United Kingdom.svg|right|120px|thumb|Wales]]

Following the "yes" vote in the [[2011 Welsh devolution referendum|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, [[Act of Senedd Cymru|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:<ref>{{Cite web|title=Government of Wales Act 2006|url=http://www.opsi.gov.uk/acts/acts2006/ukpga_20060032_en_17#sch5}}</ref>

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

Schedule 5 to the 2006 Act could be amended to add specific matters to the broad subject fields, thereby extending the legislative competence of the Assembly.<ref>{{Cite web|title=Government of Wales Act 2006, Schedule 5 (as amended)|url=http://www.assemblywales.org/bus-home/bus-legislation/bus-legislation-guidance/bus-legislation-guidance-documents/legislation_fields/schedule-5.htm|url-status=dead|archiveurl=https://web.archive.org/web/20101120052232/http://assemblywales.org/bus-home/bus-legislation/bus-legislation-guidance/bus-legislation-guidance-documents/legislation_fields/schedule-5.htm|archivedate=20 November 2010}}</ref>

===Comparison between Scottish and Welsh powers===

'''Specific reservations''' cover policy areas which can only be regulated by Westminster, listed under 'heads':

{| class="wikitable"
!Head
!Scotland<ref name="ReferenceA"/>
!Wales<ref name="ReferenceB"/>
|-
| colspan="3" |'''Head A: Financial and economic matters'''
|-
|[[Fiscal policy|Fiscal]], [[Economic policy|economic]] and [[monetary policy]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Currency of the United Kingdom|The currency]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Financial services]] and [[financial market]]s
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Money laundering]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Distribution of money from dormant bank accounts
|{{operational|Devolved}}
|{{any|Reserved}}
|-
| colspan="3" |'''Head B: Home affairs'''
|-
|[[Elections in the United Kingdom|Elections to the House of Commons]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Emergency powers]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[British nationality law|Immigration and nationality]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Extradition]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[National security]] and [[counter-terrorism]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Law enforcement in the United Kingdom|Policing]], [[criminal investigation]]s and [[Security Industry Authority|private security]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Anti-social behaviour]] and [[Public-order crime|public order]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Illegal drug trade|Illicit drugs]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Firearms regulation in the United Kingdom|Firearms]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Air gun|Air gun licensing]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Gambling in the United Kingdom|Betting, gaming and lotteries]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Knife legislation#United Kingdom|Knives]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Alcoholic drink|Alcohol]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Fox hunting|Hunting with dogs]] and [[Dangerous Dogs Act 1991|dangerous dogs]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Prostitution in the United Kingdom|Prostitution]], [[Modern Slavery Act 2015|modern slavery]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[British Board of Film Classification|Film classification]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Animal experiments|Scientific procedures on live animals]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Access to information
|{{any|Reserved}}
|{{any|Reserved}}<ref group="note">Appears under Head L in the Wales Act.</ref>
|-
|[[Data Protection Act 2018|Data protection]] 
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Lord Lieutenant|Lieutenancies]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Charities]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
| colspan="3" |'''Head C: Trade and industry'''
|-
|Regulation of businesses, insolvency, [[United Kingdom competition law|competition law]]
|{{any|Mostly reserved}}<ref group="note">The Scotland Act contains numerous exceptions to the reserved powers concerning insolvency.</ref>
|{{any|Reserved}}
|-
|[[Copyright law of the United Kingdom|Copyright]] and [[intellectual property]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Customs|Import and export control]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Sea fishing outside the Scottish zone
|{{any|Reserved}}
|{{n/a}}
|-
|[[Consumer protection in the United Kingdom|Customer protection]], product standards and product safety
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Consumer protection in the United Kingdom|Consumer advocacy and advice]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Weights and Measures Acts (UK)|Weights and measures]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Telecommunications in the United Kingdom|Telecommunications]] and [[Postal services in the United Kingdom|postal services]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Research Councils UK|Research councils]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Industrial development and protection of trading interests
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Water and sewerage outside Wales
|{{n/a}}
|{{any|Reserved}}
|-
|[[The Pubs Code Regulations 2016|Pubs Code Regulations]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Sunday Trading Act 1994|Sunday trading]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
| colspan="3" |'''Head D: Energy'''
|-
|[[Electricity sector in the United Kingdom|Electricity]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Oil and gas industry in the United Kingdom|Oil and gas]], [[Coal in the United Kingdom|coal]] and [[Nuclear power in the United Kingdom|nuclear energy]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Heating and cooling
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Efficient energy use|Energy efficiency]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
| colspan="3" |'''Head E: Transport'''
|-
|[[Driving in the United Kingdom|Traffic, vehicle and driver regulation]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Rail transport in Great Britain|Train services]]
|{{operational|Partially devolved}}<ref group="note">The construction of railways and the franchising of passenger services is devolved in Scotland.</ref>
|{{any|Reserved}}
|-
|-
|[[Law enforcement in the United Kingdom|Policing of railways and railway property]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Navigation Acts|Navigation]], shipping regulation and [[Her Majesty's Coastguard|coastguard]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Port]]s, harbours and shipping services outside Scotland or Wales
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Air transport in the United Kingdom|Air transport]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
| colspan="3" |'''Head F: Social security'''
|-
|[[National Insurance]], [[social security]] schemes
|{{any|Mostly reserved}}<ref group="note">These powers are mostly reserved, but the Scottish Parliament can legislate on various disability, industrial injuries, and carer's benefits, maternity, funeral and heating expenses benefits, discretionary housing payments, and various schemes for job search and support.</ref>
|{{any|Reserved}}
|-
|[[Child support]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Occupational, personal and war [[pension]]s
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Public sector compensation
|{{operational|Devolved}}
|{{any|Reserved}}
|-
| colspan="3" |'''Head G: Regulation of the professions'''
|-
|Regulation of [[architect]]s and auditors
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Regulation of the [[health profession]]s
|{{any|Reserved}}
|{{any|Reserved}}
|-
| colspan="3" |'''Head H: Employment'''
|-
|[[Employment]] and [[industrial relations]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Health and Safety Executive|Health and safety]]
|{{any|Reserved}}
|{{any|Reserved}}<ref group="note">Appears under Head J in the Wales Act.</ref>
|-
|Industrial training boards
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|Job search and support
|{{any|Reserved}}
|{{any|Reserved}}
|-
| colspan="3" |'''Head J: Health and medicines'''
|-
|[[Abortion in the United Kingdom|Abortion]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Xenotransplantation]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Embryology]], [[surrogacy]] and [[human genetics]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Medicine]]s, medical supplies and [[poison]]s
|{{any|Reserved}}
|{{any|Reserved}}<ref group="note">The matter of poisons appears under Head B in the Wales Act.</ref>
|-
|[[Infant formula|Welfare foods]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
| colspan="3" |'''Head K: Media and culture'''
|-
|[[Broadcasting]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Public lending right]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Government Indemnity Scheme for cultural objects on loan
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Safety of sports grounds
|{{operational|Devolved}}
|{{any|Reserved}}
|-
| colspan="3" |'''(Wales only) Part 1: The Constitution'''
|-
|The [[Crown Estate]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
| colspan="3" |'''(Wales only) Head L: Justice'''
|-
|The [[Legal professions in England and Wales|legal profession]], [[legal services]] and [[legal aid]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Coroners]]
|{{operational|Devolved}}<ref group="note">There are no coroners in Scotland. Instead, deaths that need to be investigated are reported to the [[procurator fiscal]].</ref>
|{{any|Reserved}}
|-
|[[Arbitration]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Mental capacity]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Personal data]]
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Public sector information]] and public records
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|Compensation for persons affected by crime
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Prisons in Wales|Prisons]] and offender management
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[Marriage in the United Kingdom|Marriage]], family relationships, matters concerning children
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|Gender recognition
|{{operational|Devolved}}<ref group="note">Gender recognition is not explicitly reserved under the Scotland Acts. However, in 2023 the Secretary  of State vetoed the [[Gender Recognition Reform (Scotland) Bill]] under Section 35 of the 1998 Act on the grounds that it affected the operation of the [[Equality Act 2010]], which is reserved.</ref><ref>{{cite Report|title=The Secretary of State's veto and the Gender Recognition Reform (Scotland) Bill|url=https://commonslibrary.parliament.uk/research-briefings/cbp-9705/|date=11 December 2023}}</ref>
|{{any|Reserved}}
|-
|[[Registration of Births, Deaths and Marriages (Scotland) Act 1965|Registration of births, deaths]] and places of worship
|{{operational|Devolved}}
|{{any|Reserved}}
|-
| colspan="3" |'''(Wales only) Head M: Land and Agricultural Assets'''
|-
|Registration of land, agricultural charges and debentures
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|Certain powers relating to infrastructure planning, <br>building regulation on Crown land, and land compensation
|{{operational|Devolved}}
|{{any|Reserved}}
|-
| colspan="3" |'''Head L (Scotland) / Head N (Wales): Miscellaneous'''
|-
|Judicial salaries<ref group="note">This is a specific reservation in Scotland and a general reservation in Wales.</ref>
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Equal opportunities]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Control of [[Weapon of mass destruction|nuclear, biological and chemical weapons]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|The [[Ordnance Survey]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Time and calendars
|{{any|Reserved}}
|{{any|Reserved}}
|-
|Bank holidays
|{{operational|Devolved}}
|{{any|Reserved}}
|-
|[[UK Space Agency|Outer space]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Antarctica]]
|{{any|Reserved}}
|{{any|Reserved}}
|-
|[[Deep sea mining]]
|{{operational|Devolved}}
|{{any|Reserved}}
|}

{{reflist|group=note}}

The reserved matters continue to be controversial in some quarters {{Citation needed|date=March 2011}} 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.

==Northern Ireland==
{{tidy|reason=repetition and non-chronological ordering|date=February 2025}}
[[File:Map of Northern Ireland within the United Kingdom.svg|thumb|right|120px|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]]<ref>{{Cite web|url=http://www.nidirect.gov.uk/index/hillsborough-agreement.htm|title=Hillsborough Castle Agreement 2010}}</ref> on 5 February 2010 resulted in the following reserved powers being transferred to the [[Northern Ireland Assembly]] on 12 April 2010:<ref>{{Cite legislation UK |type=si |year=2010 |number=977 |si=The Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 |article= |date=31 March 2010 |accessdate=27 December 2023}}</ref>
* [[Northern Ireland law|criminal law]]
* [[Police Service of Northern Ireland|policing]]
* [[Public Prosecution Service for Northern Ireland|prosecution]]
* public order
* [[Courts of Northern Ireland|courts]]
* [[Northern Ireland Prison Service|prisons]] and [[probation]]

===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:<ref>{{Cite web|url=https://www.legislation.gov.uk/ukpga/Geo5/10-11/67/section/4/enacted|title=Government of Ireland Act 1920 (1920 c. 67), section 4: Legislative powers of Irish Parliaments (as enacted)|website=[[legislation.gov.uk]]|publisher=[[The National Archives (United Kingdom)|The National Archives]]|access-date=27 December 2023}}</ref>

* the [[The Crown|Crown]]
* the [[Acts of Union 1800|Union]] with England, Scotland and Wales
* the making of [[peace]] or [[war]]
* the [[British Armed Forces|armed forces]]
* [[treaty|treaties]] or any [[Foreign relations of the United Kingdom|relations with foreign states or dominions]]
* [[British nationality law|naturalization]]
* external trade
* [[navigation]] (including [[merchant shipping]])
* submarine cables
* [[wireless telegraphy]]
* aerial navigation
* [[Commissioners of Irish Lights|lighthouses]]
* [[Currency of the United Kingdom|currency]]
* [[Copyright law of the United Kingdom|copyright]]

This was the first practical example of devolution in the [[United Kingdom]] and followed three unsuccessful attempts to provide [[Irish Home Rule movement|home rule]] for the whole island of [[Ireland]]:
* [[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:<ref>{{Cite legislation UK |type=act |year=1998 |chapter=47 |act=Northern Ireland Act 1998|section= |schedule=2 |date=19 November 1998|accessdate=27 December 2023}}
</ref>

* the [[The Crown|Crown]]
* [[Parliament of the United Kingdom]]
* [[Foreign relations of the United Kingdom|international relations]]
* [[international development]]
* [[British Armed Forces|defence]]
* [[United Kingdom and weapons of mass destruction|weapons of mass destruction]]
* [[Honours system in the United Kingdom|honours]]
* [[High treason in the United Kingdom|treason]]
* [[British nationality law|immigration and nationality]]
* [[Taxation in the United Kingdom|taxation]]
* [[national insurance]]
* [[Elections in the United Kingdom|elections]]
* [[Currency of the United Kingdom|currency]]
* [[national security]]
* [[Nuclear power in the United Kingdom|nuclear energy]]
* [[UK Space Agency|space]]

Reserved matters are outlined in Schedule 3 of the Northern Ireland Act 1998:<ref>{{Cite legislation UK |type=act |year=1998 |chapter=47 |act=Northern Ireland Act 1998|section= |schedule=3 |date=19 November 1998|accessdate=27 December 2023}}
</ref>

* [[navigation]] (including [[merchant shipping]])
* [[Air transport in the United Kingdom|civil aviation]]
* The [[foreshore]], [[sea bed]] and [[subsoil]] and their natural resources
* [[Royal Mail|postal services]]
* import and export controls, external trade
* [[National Minimum Wage Act 1998|national minimum wage]]
* [[financial services]]
* [[financial markets]]
* [[Copyright law of the United Kingdom|intellectual property]]
* [[units of measurement]]
* [[Telecommunications in the United Kingdom|telecommunications]], [[broadcasting]], [[internet]] services
* The [[National Lottery (United Kingdom)|National Lottery]]
* [[xenotransplantation]]
* [[surrogacy]]
* human fertilisation and [[embryology]]
* human [[genetics]]
* [[consumer safety]] in relation to goods

Following the suspension of the [[Parliament of Northern Ireland]], policing and justice powers transferred to the [[Parliament of the United Kingdom|UK Parliament]] and were subsequently administered by the [[Northern Ireland Office]] within the [[Government of the United Kingdom|UK Government]]. These powers were not devolved following the [[Good Friday Agreement|Belfast Agreement]].

Some policing and justice powers remain [[#List of key reserved matters|reserved]]
to Westminster:<ref>{{Cite web|url=http://www.niassembly.gov.uk/record/reports2009/100309.htm#4|archiveurl=https://web.archive.org/web/20101216025255/http://www.niassembly.gov.uk/record/reports2009/100309.htm|url-status=dead|title=''Policing and Justice'' motion, Northern ireland Assembly, 12 April 2010|archivedate=16 December 2010}}</ref>
* the [[prerogative of mercy]] in terrorism cases
* [[Misuse of Drugs Act 1971|drug classification]]
* the [[National Crime Agency]]
* accommodation of [[Northern Ireland Prison Service|prisoners]] in separated conditions
* [[Parades in Northern Ireland|parades]]
* security of [[explosives]]

A number of policing and justice powers remain excepted matters and were not devolved.
These include:
* [[extradition]] (as an [[Foreign Relations of the United Kingdom|international relations]] matter)
* [[Military Courts of the United Kingdom|military justice]] (as a [[British Armed Forces|defence]] matter)
* [[British nationality law|immigration]]
* [[national security]] (including [[UK security services|intelligence]] services)

[[Unionism in 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]].)

===History of Northern Irish devolution===

The [[Parliament of Northern Ireland]] was [[Prorogation|suspended]] on 30 March 1972 by the [[Northern Ireland (Temporary Provisions) Act 1972]],<ref>{{Cite web|url=https://www.legislation.gov.uk/ukpga/1972/22/section/1/enacted|title=Northern Ireland (Temporary Provisions) Act 1972 (1972 c. 22), section 1: Exercise of executive and legislative powers in N.I. (as enacted)|website=[[legislation.gov.uk]]|publisher=[[The National Archives (United Kingdom)|The National Archives]]|access-date=27 December 2023}}</ref> with Stormont's legislative powers being transferred to the [[Privy Council (United Kingdom)|Queen in Council]].

The Parliament of Northern Ireland was abolished outright by the [[Northern Ireland Constitution Act 1973]];<ref>{{Cite web|url=https://www.legislation.gov.uk/ukpga/1973/36/section/31/enacted|title=Northern Ireland Constitution Act 1973 (1973 c. 36), section 31: Abolition of Parliament of Northern Ireland (as enacted)|website=[[legislation.gov.uk]]|publisher=[[The National Archives (United Kingdom)|The National Archives]]|access-date=27 December 2023}}</ref> legislative competence was conferred instead on the [[Northern Ireland Assembly (1973)|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,<ref>{{Cite legislation UK |type=si |year=1974 |number=926 |si=The Northern Ireland Assembly (Prorogation) Order 1974|article= |date=29 May 1974 |accessdate=27 December 2023}}</ref> having only passed two Measures.{{Citation needed|date=July 2011}}

The Assembly was dissolved under the [[Northern Ireland Act 1974]],<ref>{{Cite web|url=https://www.legislation.gov.uk/ukpga/1974/28/section/1/enacted|title=Northern Ireland Act 1974 (1974 c. 28), section 1: Dissolution and prorogation of existing Assembly... (as enacted)|website=[[legislation.gov.uk]]|publisher=[[The National Archives (United Kingdom)|The National Archives]]|access-date=27 December 2023}}</ref><ref>{{Cite legislation UK |type=si |year=1975 |number=422 |si=The Northern Ireland Assembly (Dissolution) Order 1975 |article= |date=18 March 1975 |access-date=27 December 2023}}</ref> which transferred its law-making power to the [[Privy Council (United Kingdom)|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,<ref>{{Cite legislation UK |type=si |year=1999 |number=3209 |si=The Northern Ireland Act 1998 (Commencement No. 5) Order 1999 |article= |date=30 November 1999 |accessdate=27 December 2023}}</ref> under the [[Northern Ireland Act 1998]], following the [[Good Friday Agreement|Belfast Agreement]] of 10 April 1998.

===Parity===

Northern Ireland has parity with [[Great Britain]] in three areas:
* [[social security]]
* [[child support]]
* [[pensions]]

Policy in these areas is technically devolved but, in practice, follows policy set by the UK Parliament to provide consistency across the United Kingdom.<ref>{{Cite web|url=http://www.legislation.gov.uk/ukpga/1998/47/part/VIII/crossheading/social-security-child-support-and-pensions|title=Northern Ireland Act 1998 (1998 c. 47), Part VIII: Miscellaneous|website=[[legislation.gov.uk]]|publisher=[[The National Archives (United Kingdom)|The National Archives]]|access-date=27 December 2023}}</ref>

==Common devolved and reserved powers==
===Devolved===
* [[agriculture]], [[Fishery|fisheries]], [[forestry]] and [[rural development]]
* borrowing powers (Scotland only)
* [[culture]]
* [[Crown Estate Scotland|the Crown Estate]] (Scotland only) 
* [[economic development]]
* [[education]] and [[training]]
* [[Natural environment|environment]]
* [[fire]] and rescue services and promotion of fire safety
* [[food]]
* [[health]] and health services
* [[House|housing]]
*[[justice]] and policing (in Scotland & Northern Ireland only)
* [[local government]]
* [[public administration]]
* [[social welfare]]
* [[sport]] and recreation
* [[tourism]]
* [[town and country planning]]
* [[water]] and [[flood]] 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:<ref name="ReferenceA">{{Cite legislation UK|type=act|year=1998|chapter=46|schedule=5|act=Scotland Act 1998}}</ref><ref name="ReferenceB">{{Cite legislation UK|type=act|year=2006|chapter=32|schedule=7A|act=Government of Wales Act 2006}}</ref>

* the [[The Crown|Crown]]
* the constitutional matters listed in Schedule 5 of the 1998 Act
* the [[Parliament of the United Kingdom|UK Parliament]]
* registration and funding of [[political parties]]
* the making of [[peace]] or [[war]]
* international relations and [[Treaty|treaties]]
* international development
* international trade
* the [[Civil Service (United Kingdom)|Civil Service]] of the United Kingdom
* [[British Armed Forces|defence]]
* [[treason]]

Additionally, in Wales, all matters concerning the [[England and Wales|single legal jurisdiction of England and Wales]] are reserved, including courts, [[tribunal]]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==
{{Reflist}}

==External links==
===Legislation===
*{{UK-LEG|path=ukpga/1998/46|title=Scotland Act 1998|type=ukpga}}
*{{UK-LEG|path=ukpga/1998/47|title=Northern Ireland Act 1998|type=ukpga}}
*{{UK-LEG|path=ukpga/1998/38|title=Government of Wales Act|type=ukpga}}
*{{UK-LEG|path=ukpga/2006/32|title=Government of Wales Act 2006|type=ukpga}}

===Official guidance (published by the Cabinet Office)===
*[http://www.cabinetoffice.gov.uk/content/devolution-guidance Devolution Guidance]
*[https://www.gov.uk/guidance/devolution-settlement-scotland Devolution settlement: Scotland]
*[http://www.cabinetoffice.gov.uk/content/northern-ireland-what-devolved Northern Ireland: What is Devolved?]
*[http://www.cabinetoffice.gov.uk/content/wales-what-devolved Wales: What is Devolved?]

===Analysis===
*[http://www.ucl.ac.uk/constitution-unit/ Constitution Unit, University College London]
*[https://web.archive.org/web/20060512141837/http://www.devolution.ac.uk/ Devolution and Constitutional Change Programme]

{{Devolution in the United Kingdom}}
{{Authority control}}
{{Use dmy dates|date=November 2020}}
{{Use British English|date=November 2020}}

{{DEFAULTSORT:Reserved And Excepted Matters}}
[[Category:Government of the United Kingdom]]
[[Category:Government of Scotland]]
[[Category:Government of Northern Ireland]]
[[Category:Government of Wales]]
[[Category:Constitution of the United Kingdom]]
[[Category:Devolution in the United Kingdom]]