Scotland Bill - continued        House of Commons

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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.
     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.
      (2) Paragraph 1 does reserve-
    (a) the functions of the Lord Lyon King of Arms so far as relating to the granting of arms,
    (b) honours and dignities apart from the functions of the Lord Lyon King of Arms,
    (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.
      (2) Paragraph 1 does not reserve the ultimate superiority of the Crown or the superiority of the Prince and Steward of Scotland.
      (3) Paragraph 1 does reserve-
    (a) the hereditary revenues of the Crown,
    (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.
      (2) Paragraph 1 does reserve the subject-matter of the Crown Private Estates Acts 1800 to 1873.
     5. Paragraph 1 does not reserve-
    (a) the conferral of powers on Her Majesty to make Orders in Council and the procedure of the Parliament in relation to such Orders,
    (b) the use of the Scottish Seal,
    (c) acquisition of land for the purposes of the Scottish Administration.
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.
      (2) Sub-paragraph (1) does not reserve-
    (a) observing and implementing international obligations, obligations under the Human Rights Convention and obligations under Community law,
    (b) assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies.
Public service
     7. - (1) The Civil Service of the State is a reserved matter.
      (2) Sub-paragraph (1) does not reserve the subject-matter of-
    (a) Part I of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerks and procurators fiscal, etc.),
    (b) Part III of the Administration of Justice (Scotland) Act 1933 (officers of the High Court of Justiciary and of the Court of Session).
     8. - (1) The following are reserved matters-
    (a) the defence of the realm,
    (b) the naval, military or air forces of the Crown, including reserve forces,
    (c) visiting forces,
    (d) international headquarters and defence organisations,
    (e) trading with the enemy and enemy property.
      (2) Sub-paragraph (1) does not reserve-
    (a) civil defence,
    (b) the conferral of enforcement powers in relation to sea fishing.
     9. Treason (including constructive treason), treason felony and misprision of treason are reserved matters.
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Prepared 18 December 1997