Office of Public Sector Information
SCHEDULE 5 continued PART II continued
F1. Social security schemes[Section F1.]
Schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits.
Requiring persons to—
establish and administer schemes providing assistance for social security purposes to or in respect of individuals, or
make payments to or in respect of such schemes,
and to keep records and supply information in connection with such schemes.
The circumstances in which a person is liable to maintain himself or another for the purposes of the enactments relating to social security and the Child Support Acts 1991 and 1995.
The subject-matter of the Vaccine Damage Payment Scheme.
Illustrations
National Insurance; Social Fund; administration and funding of housing benefit and council tax benefit; recovery of benefits for accident, injury or disease from persons paying damages; deductions from benefits for the purpose of meeting an individual’s debts; sharing information between government departments for the purposes of the enactments relating to social security; making decisions for the purposes of schemes mentioned in the reservation and appeals against such decisions.
Exceptions
The subject-matter of Part II of the Social Work (Scotland) Act 1968 (social welfare services), section 2 of the Chronically Sick and Disabled Persons Act 1970 (provision of welfare services), section 50 of the Children Act 1975 (payments towards maintenance of children), section 15 of the Enterprise and New Towns (Scotland) Act 1990 (industrial injuries benefit), and sections 22 (promotion of welfare of children in need), 29 and 30 (advice and assistance for young persons formerly looked after by local authorities) of the Children (Scotland) Act 1995.
Interpretation
“Benefits” includes pensions, allowances, grants, loans and any other form of financial assistance.
Providing assistance for social security purposes to or in respect of individuals includes (among other things) providing assistance to or in respect of individuals—
who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care,
who qualify by reason of low income, or
in relation to their housing costs or liabilities for local taxes.
F2. Child support[Section F2.]
The subject-matter of the Child Support Acts 1991 and 1995.
Exception
The subject-matter of sections 1 to 7 of the Family Law (Scotland) Act 1985 (aliment).
Interpretation
If section 30(2) of the Child Support Act 1991 (collection of payments other than child support maintenance) is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were.
F3. Occupational and personal pensions[Section F3.]
The regulation of occupational pension schemes and personal pension schemes, including the obligations of the trustees or managers of such schemes.
Provision about pensions payable to, or in respect of, any persons, except—
the persons referred to in section 81(3),
in relation to a Scottish public authority with mixed functions or no reserved functions, persons who are or have been a member of the public body, the holder of the public office, or a member of the staff of the body, holder or office.
The subject-matter of the Pensions (Increase) Act 1971.
Schemes for the payment of pensions which are listed in Schedule 2 to that Act, except those mentioned in paragraphs 38A and 38AB.
Where pension payable to or in respect of any class of persons under a public service pension scheme is covered by this reservation, so is making provision in their case—
for compensation for loss of office or employment, for their office or employment being affected by constitutional changes, or circumstances arising from such changes, in any territory or territories or for loss or diminution of emoluments, or
for benefits in respect of death or incapacity resulting from injury or disease.
Interpretation
“Pension” includes gratuities and allowances.
F4. War pensions[Section F4.]
Schemes for the payment of pensions for or in respect of persons who have a disablement or have died in consequence of service as members of the armed forces of the Crown.
The subject-matter of any scheme under the Personal Injuries (Emergency Provisions) Act 1939, sections 3 to 5 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or section 1 of the Polish Resettlement Act 1947.
Illustration
The provision of pensions under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.
Interpretation
“Pension” includes grants, allowances, supplements and gratuities.
G1. Architects[Section G1.]
Regulation of the profession of architect.
G2. Health professions[Section G2.]
Regulation of the health professions.
Exceptions
The subject-matter of—
section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners), and
section 25 of that Act (arrangements for the provision of general dental services), so far as it relates to vocational training and disciplinary proceedings.
Interpretation
“The health professions” means the professions regulated by—
the Pharmacy Act 1954,
the Professions Supplementary to Medicine Act 1960,
the Veterinary Surgeons Act 1966,
the Medical Act 1983,
the Dentists Act 1984,
the Opticians Act 1989,
the Osteopaths Act 1993,
the Chiropractors Act 1994, and
the Nurses, Midwives and Health Visitors Act 1997.
G3. Auditors[Section G3.]
Regulation of the profession of auditor.
H1. Employment and industrial relations[Section H1.]
Employment rights and duties and industrial relations, including the subject-matter of—
the Employers' Liability (Compulsory Insurance) Act 1969,
the Employment Agencies Act 1973,
the Pneumoconiosis etc. (Workers' Compensation) Act 1979,
the Transfer of Undertakings (Protection of Employment) Regulations 1981,
the Trade Union and Labour Relations (Consolidation) Act 1992,
the Industrial Tribunals Act 1996,
the Employment Rights Act 1996, and
the National Minimum Wage Act 1998.
Exception
The subject-matter of the Agricultural Wages (Scotland) Act 1949.
H2. Health and safety[Section H2.]
The subject-matter of the following Parts of the Health and Safety at Work etc. Act 1974—
Part I (health, safety and welfare in connection with work, and control of dangerous substances) as extended or applied by section 36 of the Consumer Protection Act 1987, sections 1 and 2 of the Offshore Safety Act 1992 and section 117 of the Railways Act 1993, and
Part II (the Employment Medical Advisory Service).
Exception
Public safety in relation to matters which are not reserved.
H3. Job search and support[Section H3.]
The subject-matter of—
the Disabled Persons (Employment) Act 1944, and
the Employment and Training Act 1973, except so far as relating to training for employment.
Exception
The subject-matter of—
sections 8 to 10A of the Employment and Training Act 1973 (careers services), and
the following sections of Part I of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise and Highlands and Islands Enterprise)—
section 2(3)(c) (arrangements for the purpose of assisting persons to establish themselves as self-employed persons), and
section 12 (disclosure of information).
J1. Abortion[Section J1.]
Abortion.
J2. Xenotransplantation[Section J2.]
Xenotransplantation.
J3. Embryology, surrogacy and genetics[Section J3.]
Surrogacy arrangements, within the meaning of the Surrogacy Arrangements Act 1985, including the subject-matter of that Act.
The subject-matter of the Human Fertilisation and Embryology Act 1990.
Human genetics.
J4. Medicines, medical supplies and poisons[Section J4.]
The subject-matter of—
the Medicines Act 1968, the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 and the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994,
the Poisons Act 1972, and
the Biological Standards Act 1975.
Regulation of prices charged for medical supplies or medicinal products which (in either case) are supplied for the purposes of the health service established under section 1 of the National Health Service (Scotland) Act 1978.
Interpretation
“Medical supplies” has the same meaning as in section 49(3) of the National Health Service (Scotland) Act 1978.
“Medicinal products” has the same meaning as in section 130(1) of the Medicines Act 1968.
J5. Welfare foods[Section J5.]
Schemes made by regulations under section 13 of the Social Security Act 1988 (schemes for distribution of welfare foods).
K1. Broadcasting[Section K1.]
The subject-matter of the Broadcasting Act 1990 and the Broadcasting Act 1996.
The British Broadcasting Corporation.
K2. Public lending right[Section K2.]
The subject-matter of the Public Lending Right Act 1979.
K3. Government Indemnity Scheme[Section K3.]
The subject-matter of sections 16 and 16A of the National Heritage Act 1980 (public indemnities for objects on loan to museums, art galleries, etc.).
K4. Property accepted in satisfaction of tax[Section K4.]
The subject-matter of sections 8 and 9 of the National Heritage Act 1980 (payments to Inland Revenue in respect of property accepted in satisfaction of tax, and disposal of such property).
L1. Judicial remuneration[Section L1.]
Determination of the remuneration of—
judges of the Court of Session,
sheriffs principal and sheriffs,
members of the Lands Tribunal for Scotland, and
the Chairman of the Scottish Land Court.
L2. Equal opportunities[Section L2.]
Equal opportunities, including the subject-matter of—
the Equal Pay Act 1970,
the Sex Discrimination Act 1975,
the Race Relations Act 1976, and
the Disability Discrimination Act 1995.
Exceptions
The encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements.
Imposing duties on—
any office-holder in the Scottish Administration, or any Scottish public authority with mixed functions or no reserved functions, to make arrangements with a view to securing that the functions of the office-holder or authority are carried out with due regard to the need to meet the equal opportunity requirements, or
any cross-border public authority to make arrangements with a view to securing that its Scottish functions are carried out with due regard to the need to meet the equal opportunity requirements.
Interpretation
“Equal opportunities” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.
“Equal opportunity requirements” means the requirements of the law for the time being relating to equal opportunities.
“Scottish functions” means functions which are exercisable in or as regards Scotland and which do not relate to reserved matters.
L3. Control of weapons[Section L3.]
Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
L4. Ordnance survey[Section L4.]
The subject-matter of the Ordnance Survey Act 1841.
L5. Time[Section L5.]
Timescales, time zones and the subject-matter of the Summer Time Act 1972.
The calendar; units of time; the date of Easter.
Exceptions
The computation of periods of time.
The subject-matter of—
section 1 of the Banking and Financial Dealings Act 1971 (bank holidays), and
the Term and Quarter Days (Scotland) Act 1990.
L6. Outer space[Section L6.]
Regulation of activities in outer space.
1 (1) This Schedule does not reserve any Scottish public authority if some of its functions relate to reserved matters and some do not, unless it is a cross-border public authority.
(2) Sub-paragraph (1) has effect as regards—
(a) the constitution of the authority, including its establishment and dissolution, its assets and liabilities and its funding and receipts,
(b) conferring or removing any functions specifically exercisable in relation to the authority.
(3) Sub-paragraph (2)(b) does not apply to any function which is specifically exercisable in relation to a particular function of the authority if the particular function relates to reserved matters.
(4) An authority to which this paragraph applies is referred to in this Act as a Scottish public authority with mixed functions.
2 Paragraph 1 of Part I of this Schedule does not reserve any Scottish public authority with functions none of which relate to reserved matters (referred to in this Act as a Scottish public authority with no reserved functions).
3 (1) The reservation of any body to which this paragraph applies has effect to reserve—
(a) its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts,
(b) conferring functions on it or removing functions from it,
(c) conferring or removing any functions specifically exercisable in relation to it.
(2) This paragraph applies to—
(a) a body reserved by name by Part II of this Schedule,
(b) each of the councils reserved by Section C12 of that Part,
(c) the Commission for Racial Equality, the Equal Opportunities Commission and the National Disability Council.
4 (1) This Schedule does not reserve giving financial assistance to commercial activities for the purpose of promoting or sustaining economic development or employment.
(2) Sub-paragraph (1)—
(a) does not apply to giving financial assistance to any activities in pursuance of a power exercisable only in relation to activities which are reserved,
(b) does not apply to Part I of this Schedule, except paragraph 9, or to a body to which paragraph 3 of this Part of this Schedule applies,
(c) is without prejudice to the exceptions from the reservations in Sections E2 and E3 of Part II of this Schedule.
(3) Sub-paragraph (1) does not affect the question whether any matter other than financial assistance to which that sub-paragraph applies is reserved.
5 (1) References in this Schedule to the subject-matter of any enactment are to be read as references to the subject-matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the day on which this Act is passed, as it had effect immediately before that time.
(2) Subordinate legislation under section 129(1) may, in relation to the operation of this Schedule at any time before the principal appointed day, modify the references to that day in sub-paragraph (1).
Scotland Act 1998