In the

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

, devolved matters are the areas of public policy where the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

has devolved its legislative power to the national assemblies of

Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...

Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...

and

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

, while reserved matters and excepted matters are the areas where the Parliament retains exclusive power to legislate. The devolved administrations in Scotland, Wales and Northern Ireland have been granted power by the Parliament under their respective legislators in all areas except those which are reserved (or excepted in the case of Northern Ireland). However, because the Parliament acts with sovereign supremacy, it is still able to pass legislation for all parts of the United Kingdom, including in relation to devolved matters.

Devolution of powers within the United Kingdom

The devolution of powers are set out in three main acts legislated by the UK Parliament for each of the devolved governments in Scotland, Wales and Northern Ireland. The acts also include subsequent amendments, which devolved further powers to the administrations: * Northern Ireland Act 1998 amended by the Northern Ireland Act 2006. *

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

amended by the

Scotland Act 2012 The Scotland Act 2012 is an Act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998, with the aim of devolving further powers to Scotland in accordance with the recommendations of the Calman Commission. It ...

and the

Scotland Act 2016 The Scotland Act 2016 (c. 11) is an act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998 and devolves further powers to Scotland. The legislation is based on recommendations given by the report of the Smi ...

. *

Government of Wales Act 1998 The Government of Wales Act 1998 (c. 38) is an Act of the Parliament of the United Kingdom. It was passed in 1998 by the Labour government to create a Welsh Assembly, therefore granting Wales a degree of self-government. This legislative ...

amended by the

Government of Wales Act 2006 The Government of Wales Act 2006 (c 32) is an Act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system o ...

, the Wales Act 2014 and the Wales Act 2017 In

, the powers of the Northern Ireland Assembly do not cover reserved matters or excepted matters. In theory, reserved matters could be devolved at a later date, but excepted matters were not supposed to be considered for further devolution. In practice, the difference is minor as

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

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

, a list of reserved matters is explicitly listed in the Scotland Act 1998 (and amended by the Scotland Acts of 2012 and 2016). Any matter not explicitly listed in the Act is implicitly devolved to the Scottish Parliament. In

, a list of reserved matters is explicitly listed under the provisions of the Wales Act 2017. Any matter not explicitly listed in the Act is implicitly devolved to the Senedd. Before 2017, a list of matters was explicitly devolved to the then known

National Assembly for Wales The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Go ...

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

Devolution in Scotland and Wales

Map of Scotland within the United Kingdom

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

has granted legislative power to the Scottish Parliament and the Senedd through the Scotland Act 1998 and the Government of Wales Act 2006 respectively. These Acts set out the matters still dealt with by the UK Government, referred to as ''reserved matters''. Anything ''not'' listed as a specific reserved matter in the Scotland Act or the Wales Act is

devolved Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories ...

to that nation. However, the UK Parliament still has the power to legislate over devolved areas if it chooses. The legal ability of the Scottish Parliament or Senedd to legislate (its "legislative competence") on a matter is largely determined by whether it is reserved or not.

List of devolved matters

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

, fisheries,

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

and

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

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

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

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

and

training 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 material (the fuel) in the exothermic chemical process of combustion, releasing heat, light, and various reaction products. At a certain point in the combustion reaction, called the ignition point, flames a ...

and rescue services and promotion of fire safety * food *

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

and health services * housing * justice and policing (in Scotland only) *

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

public administration Public Administration (a form of governance) or Public Policy and Administration (an academic discipline) is the implementation of public policy, administration of government establishment (public governance), management of non-profit est ...

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

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

and recreation *

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

town and country planning Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own ...

water Water (chemical formula ) is an Inorganic compound, inorganic, transparent, tasteless, odorless, and Color of water, nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living ...

and

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

defence

List of reserved matters

Reserved matters are subdivided into two categories: General reservations and specific reservations. General reservations cover major issues which are always handled centrally by the Parliament in Westminster: * the

Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...

* the constitutional matters listed in Schedule 5 of the 1998 Act * the

UK Parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

* registration and funding of political parties * the making of

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

war War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...

* international relations and treaties * international development * international trade * the Civil Service of the United Kingdom * defence *

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

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

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

s, judges and legal proceedings. An exception allows the Senedd to create Wales-specific tribunals that are not concerned with reserved matters. Specific reservations cover policy areas which can only be regulated by Westminster, listed under 'heads': The reserved matters continue to be controversial in some quarters and there are certain conflicts or anomalies. For example, in Scotland, the funding of

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

television is controlled by the Scottish Government, but broadcasting is a reserved matter, and while energy is a reserved matter, planning permission for power stations is devolved.

Previously transferred matters in Wales

Prior to the passage of the Wales Act 2017, issues were only devolved if outlined in the

or the

Government of Wales Act 1998

The

lists the following fields to be transferred to the

: *

, fisheries and food * ancient monuments and historic buildings *

(including museums, galleries and libraries) *

and

* the environment *

and health services * highways * housing *

industry Industry may refer to: Economics * Industry (economics), a generally categorized branch of economic activity * Industry (manufacturing), a specific branch of economic activity, typically in factories with machinery * The wider industrial sector ...

* social services *

and recreation *

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

and

defence * the

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

Government of Wales Act 2006

The

updated the list of fields, as follows: *

, fisheries,

and

* ancient monuments and historic buildings *

and

* environment *

and rescue services and promotion of fire safety * food *

and health services * highways and

* housing *

* the

and recreation *

and

defence * the

Schedule 5 to the 2006 Act may be amended to add specific matters to the broad subject fields, thereby extending the legislative competence of the Assembly.

Devolution in Northern Ireland

Map of Northern Ireland within the United Kingdom

Government of Ireland Act 1920

Devolution in Northern Ireland was originally provided for in the

Government of Ireland Act 1920 The Government of Ireland Act 1920 (10 & 11 Geo. 5 c. 67) was an Act of the Parliament of the United Kingdom. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill ...

, which stated that the

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

could not make laws in the following main areas: * the

* the

Union Union commonly refers to: * Trade union, an organization of workers * Union (set theory), in mathematics, a fundamental operation on sets Union may also refer to: Arts and entertainment Music * Union (band), an American rock group ** ''Un ...

with England, Scotland and Wales * the making of

* the armed forces * treaties 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 movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navigation, ...

(including

merchant shipping Maritime transport (or ocean transport) and hydraulic effluvial transport, or more generally waterborne transport, is the transport of people ( passengers) or goods (cargo) via waterways. Freight transport by sea has been widely used thro ...

) * submarine cables *

wireless telegraphy Wireless telegraphy or radiotelegraphy is transmission of text messages by radio waves, analogous to electrical telegraphy using cables. Before about 1910, the term ''wireless telegraphy'' was also used for other experimental technologies for ...

* aerial navigation * lighthouses *

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

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

This was the first practical example of devolution in the

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

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

: * Government of Ireland Bill 1886 *

Government of Ireland Bill 1893 The Government of Ireland Bill 1893 (known generally as the Second Home Rule Bill) was the second attempt made by Liberal Party leader William Ewart Gladstone, as Prime Minister of the United Kingdom, to enact a system of home rule for Ireland. ...

Government of Ireland Act 1914 The Government of Ireland Act 1914 (4 & 5 Geo. 5 c. 90), also known as the Home Rule Act, and before enactment as the Third Home Rule Bill, was an Act passed by the Parliament of the United Kingdom intended to provide home rule (self-governm ...

Irish unionists Unionism is a political tradition on the island of Ireland that favours political union with Great Britain and professes loyalty to the United Kingdom, British Monarchy of the United Kingdom, Crown and Constitution of the United Kingdom, cons ...

initially opposed home rule, but later accepted it for

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

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

Direct rule

The

was suspended on 30 March 1972 by the

Northern Ireland (Temporary Provisions) Act 1972 The Northern Ireland (Temporary Provisions) Act 1972 (c. 22) was an Act of the Parliament of the United Kingdom that introduced direct rule in Northern Ireland with effect from 30 March 1972. The act, which took effect immediately on receiving ...

, with Stormont's legislative powers being transferred to the Queen in Council.

Northern Ireland Constitution Act 1973

The Parliament of Northern Ireland was abolished outright by the Northern Ireland Constitution Act 1973; legislative competence was conferred instead on the 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 30 May 1974 having only passed two Measures.

Direct rule again

The Assembly was abolished under the

Northern Ireland Act 1974 The Northern Ireland Act 1974 ( ga, An tAcht um Rialtas na hÉireann) was an Act of the Parliament of the United Kingdom that made provision for the government of Northern Ireland following the collapse of the Sunningdale Agreement. The Act auth ...

, 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 under the Northern Ireland Act 1998, following the

Belfast Agreement The Good Friday Agreement (GFA), or Belfast Agreement ( ga, Comhaontú Aoine an Chéasta or ; Ulster-Scots: or ), is a pair of agreements signed on 10 April 1998 that ended most of the violence of The Troubles, a political conflict in No ...

of 10 April 1998.

Northern Ireland Act 1998

List of key excepted matters

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

* international relations * international development * defence * weapons of mass destruction *

honours Honour (British English) or honor (American English; see spelling differences) is the idea of a bond between an individual and a society as a quality of a person that is both of social teaching and of personal ethos, that manifests itself as a ...

* immigration and nationality *

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

* national insurance *

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

* national security * nuclear energy * space

List of key reserved matters

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

(including

) *

civil aviation Civil aviation is one of two major categories of flying, representing all non-military and non-state aviation, both private and commercial. Most of the countries in the world are members of the International Civil Aviation Organization and work ...

* The

foreshore The intertidal zone, also known as the foreshore, is the area above water level at low tide and underwater at high tide (in other words, the area within the tidal range). This area can include several types of habitats with various species ...

, sea bed and subsoil and their natural resources * postal services * import and export controls, external trade * national minimum wage * financial services * financial markets *

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

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

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

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

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

services * The National Lottery *

xenotransplantation Xenotransplantation (''xenos-'' from the Greek meaning "foreign" or strange), or heterologous transplant, is the transplantation of living cells, tissues or organs from one species to another. Such cells, tissues or organs are called xenograft ...

* surrogacy * human fertilisation and

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

* human

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

consumer safety Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...

in relation to goods

Devolution of policing and justice

After the suspension of the

, policing and justice powers transferred to the

and were subsequently administered by the

Northern Ireland Office The Northern Ireland Office (NIO; ga, Oifig Thuaisceart Éireann, Ulster-Scots: ''Norlin Airlann Oaffis'') is a department of His Majesty's Government responsible for Northern Ireland affairs. The NIO is led by the Secretary of State for N ...

within the UK Government. These powers were not devolved after the

. 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 * policing *

prosecution A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...

* public order *

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

* prisons and

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

Some policing and justice powers remain

reserved Reserved is a Polish apparel retailer headquartered in Gdańsk, Pomerania, Poland. It was founded in 1999 and remains the largest company of the LPP group, which has more than 1,700 retail stores located in over 20 countries and also owns such ...

to Westminster: * the prerogative of mercy in terrorism cases * drug classification * the

Serious Organised Crime Agency The Serious Organised Crime Agency (SOCA) was a non-departmental public body of the Government of the United Kingdom which existed from 1 April 2006 until 7 October 2013. SOCA was a national law enforcement agency with Home Office sponsorship ...

* accommodation of prisoners in separated conditions * parades * security of explosives A number of policing and justice powers remain excepted matters and were not devolved. These include: *

extradition Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdi ...

(as an international relations matter) * military justice (as a defence matter) *

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

* national security (including

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

services)

Parity

Northern Ireland has parity with

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

in three areas: * social security * child support * pensions Policy in these areas is technically devolved but, in practice, follows policy set by the

Westminster Parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...

to provide consistency across the

References

External links

Legislation

* * * *

Official guidance (published by the Cabinet Office)

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

Analysis

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