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SCHEDULE 5
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RESERVED MATTERS |
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PART I |
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GENERAL RESERVATIONS |
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The Constitution |
| | 1. The constitution, including the Crown, the succession to the Crown and a regency and the Parliament of the United Kingdom, are reserved matters.
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| | 2. - (1) Subject to sub-paragraph (2), paragraph 1 does not reserve those of Her Majesty's prerogative and other executive functions which are exercisable on Her behalf by a Minister of the Crown or other person, including functions conferred on any Minister of the Crown or other person by any enactment.
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(2) Paragraph 1 does reserve-
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(a) the functions of the Lord Lyon King of Arms so far as relating to the granting of arms, |
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(b) honours and dignities apart from the functions of the Lord Lyon King of Arms, |
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(c) the Crown Estate Commissioners. |
| | 3. - (1) Subject to sub-paragraph (3), paragraph 1 does not reserve property belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department.
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(2) Paragraph 1 does not reserve the ultimate superiority of the Crown or the superiority of the Prince and Steward of Scotland.
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(3) Paragraph 1 does reserve-
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(a) the hereditary revenues of the Crown, |
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(b) the royal arms and standard. |
| | 4. - (1) Subject to sub-paragraph (2), paragraph 1 does not reserve property held by Her Majesty in Her private capacity.
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(2) Paragraph 1 does reserve the subject-matter of the Crown Private Estates Acts 1800 to 1873.
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| | 5. Paragraph 1 does not reserve-
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(a) the conferral of powers on Her Majesty to make Orders in Council and the procedure of the Parliament in relation to such Orders, |
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(b) the use of the Scottish Seal, |
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(c) acquisition of land for the purposes of the Scottish Administration. |
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Foreign affairs, EU etc. |
| | 6. - (1) International relations, including relations with territories outside the United Kingdom, the European Union and its institutions and other international organisations, regulation of international trade, and international development assistance and co-operation are reserved matters.
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(2) Sub-paragraph (1) does not reserve-
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(a) observing and implementing international obligations, obligations under the Human Rights Convention and obligations under Community law, |
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(b) assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies. |
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Public service |
| | 7. - (1) The Civil Service of the State is a reserved matter.
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(2) Sub-paragraph (1) does not reserve the subject-matter of-
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(a) Part I of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerks and procurators fiscal, etc.), |
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(b) Part III of the Administration of Justice (Scotland) Act 1933 (officers of the High Court of Justiciary and of the Court of Session). |
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Defence |
| | 8. - (1) The following are reserved matters-
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(a) the defence of the realm, |
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(b) the naval, military or air forces of the Crown, including reserve forces, |
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(d) international headquarters and defence organisations, |
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(e) trading with the enemy and enemy property. |
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(2) Sub-paragraph (1) does not reserve-
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(b) the conferral of enforcement powers in relation to sea fishing. |
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Treason |
| | 9. Treason (including constructive treason), treason felony and misprision of treason are reserved matters.
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