Scotland Bill - continued        House of Commons
SCHEDULE 5, RESERVED MATTERS - continued
PART II, SPECIFIC RESERVATIONS - continued
Reservations - continued

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    Regulation of-
     
 
    (a) the sale and supply of goods and services to consumers,
 
    (b) guarantees in relation to such goods and services,
 
    (c) hire purchase, including the subject-matter of Part III of the Hire Purchase Act 1964,
 
    (d) trade descriptions, except in relation to food,
 
    (e) misleading and comparative advertising, except regulation specifically in relation to food, tobacco and tobacco products,
 
    (f) price indications,
 
    (g) trading stamps,
 
    (h) the conduct of estate agency business,
 
    (i) auctions and mock auctions of goods and services, and
 
    (j) hall-marking and gun barrel proofing.
  Safety of, and liability for, services supplied to consumers.
 
  The subject-matter of-
 
 
    (a) the Hearing Aid Council Act 1968,
 
    (b) the Unsolicited Goods and Services Acts 1971 and 1975,
 
    (c) Parts I to III and XI of the Fair Trading Act 1973,
 
    (d) the Consumer Credit Act 1974,
 
    (e) the Timeshare Act 1992,
 
    (f) the Package Travel, Holidays and Tours Regulations 1992, and
 
    (g) the Commercial Agents (Council Directive) Regulations 1993.
     
      Exception from reservation
  The subject-matter of section 16 of the Food Safety Act 1990 (food safety and consumer protection).
 
  Section 7 - Product Standards, Safety and Liability
 
      Reservation
  Technical standards and requirements in relation to products in pursuance of an obligation under Community law.
 
  Product safety and liability.
 
  Product labelling.
 
      Exceptions from reservation
 
  Food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides.
 
  In relation to food safety, materials which come into contact with food.
 
  Section 8 - Weights and Measures
 
      Reservation
  Units and standards of weight and measurement.
 
  Regulation of trade so far as involving weighing, measuring and quantities.
 
  Section 9 - Telecommunications and Wireless Telegraphy
 
      Reservation
  Telecommunications and wireless telegraphy.
 
  Internet services.
 
  Electronic encryption.
 
  The subject-matter of Part II of the Wireless Telegraphy Act 1949 (electromagnetic disturbance).
 
      Exception from reservation
 
  The subject-matter of the Interception of Communications Act 1985 so far as relating to the prevention or detection of serious crime (within the meaning of that Act).
 
  Section 10 - Post Office, Posts and Postal Services
 
      Reservation
  The Post Office, posts (including postage stamps, postal orders and postal packets) and regulation of postal services.
 
      Exception from reservation
 
  The subject-matter of the Interception of Communications Act 1985 so far as relating to the prevention or detection of serious crime (within the meaning of that Act).
 
  Section 11 - Research Councils
 
      Reservation
  Research Councils within the meaning of the Science and Technology Act 1965.
 
  The subject-matter of section 5 of that Act (funding of scientific research) so far as relating to Research Councils.
 
  Section 12 - Designation of Assisted Areas
 
      Reservation
  The subject-matter of section 1 of the Industrial Development Act 1982.
 
  Section 13 - Protection of Trading and Economic Interests
 
      Reservation
  The subject-matter of-
 
 
    (a) section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (Treasury power in relation to action damaging to economic position of United Kingdom),
  .
 
 
    (b) Part II of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and
 
    (c) the Protection of Trading Interests Act 1980.
  Head 4 - Energy
Section 1 - Electricity Reservation
  Regulation of the generation, transmission, distribution and supply of electricity.
 
  The subject-matter of Part II of the Electricity Act 1989.
 
  Section 2 - Oil and Gas
 
      Reservation
  Oil and gas, including-
 
 
    (a) the ownership of, exploration for and exploitation of deposits of oil and natural gas,
 
    (b) offshore installations and pipelines,
 
    (c) the subject-matter of the Pipe-lines Act 1962 (including section 5 (deemed planning permission)) so far as relating to pipelines within the meaning of section 65 of that Act,
 
    (d) the application of Scots law and the jurisdiction of the Scottish courts in relation to offshore activities,
 
    (e) pollution relating to oil and gas exploration and exploitation, but only outside controlled waters (within the meaning of section 30A(1) of the Control of Pollution Act 1974),
 
    (f) restrictions on navigation, fishing and other activities in connection with offshore activities, and
 
    (g) liquefaction of natural gas and the conveyance, shipping and supply of gas through pipes.
     
      Exceptions from reservation
  The subject-matter of the Offshore Petroleum Development (Scotland) Act 1975, other than sections 3 to 7.
 
  The manufacture of gas.
 
  The conveyance, shipping and supply of gas other than through pipes.
 
  Section 3 - Coal
 
      Reservation
  Coal, including its ownership and exploitation, deep and opencast coal mining and coal mining subsidence.
 
      Exceptions from reservation
 
  Sections 53 (environmental duties in connection with planning) and 54 (obligation to restore land affected by coal-mining operations) of the Coal Industry Act 1994.
 
  Section 4 - Nuclear Energy
 
      Reservation
  Nuclear energy and nuclear installations, including-
 
 
    (a) nuclear safety, security and safeguards, and
 
    (b) liability for nuclear occurrences.
     
      Exception from reservation
  The subject-matter of-
 
 
    (a) Part I of the Environmental Protection Act 1990, and
 
    (b) the Radioactive Substances Act 1993.
  Section 5 - Energy Conservation
 
      Reservation
  The subject-matter of the Energy Act 1976, other than section 9.
 
      Exception from reservation
 
  The encouragement of energy efficiency other than by prohibition or regulation.
 
  Head 5 - Transport
  Section 1 - Road Transport
 
      Reservation
  The subject-matter of-
 
 
    (a) the Motor Vehicles (International Circulation) Act 1952,
 
    (b) the Public Passenger Vehicles Act 1981 and the Transport Act 1985, so far as relating to public service vehicle operator licensing,
 
    (c) section 17 (traffic regulation on special roads), section 25 (pedestrian crossings), Part V (traffic signs) and Part VI (speed limits) of the Road Traffic Regulation Act 1984,
 
    (d) the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988,
 
    (e) the Vehicle Excise and Registration Act 1994,
 
    (f) the Road Traffic (New Drivers) Act 1995, and
 
    (g) the Goods Vehicles (Licensing of Operators) Act 1995.
  Regulation of proper hours or periods of work by persons engaged in the carriage of passengers or goods by road.
 
  The conditions under which international road transport services for passengers or goods may be undertaken.
 
 
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Prepared 18 December 1997