Scotland Bill - continued        House of Commons
Reservations - continued

back to previous text
  Navigational rights and freedoms.
  Financial assistance for shipping services which start or finish or both outside Scotland.
      Exceptions from reservation
  Ports, harbours, piers and marine works, except in relation to the matters reserved in (d) above.
  Regulation of works which may obstruct or endanger navigation.
 The subject-matter of the Highlands and Islands Shipping Services Act 1960 in relation to financial assistance for bulk freight services.
      Scots private law
  In spite of section 28(4), provisions modifying Scots private law as it applies to the subject-matter of the Carriage of Goods by Sea Act 1992 are not within the legislative competence of the Parliament.
  "Marine works" has the same meaning as in section 57(1) of the Harbours Act 1964.
  Section 4 - Air Transport
  Regulation of aviation and air transport, including the subject-matter of-
    (a) the Carriage by Air Act 1961,
    (b) the Carriage by Air (Supplementary Provisions) Act 1962,
    (c) the Carriage by Air and Road Act 1979 so far as relating to carriage by air,
    (d) the Civil Aviation Act 1982,
    (e) the Aviation Security Act 1982,
    (f) the Airports Act 1986, and
    (g) sections 1 (endangering safety at aerodromes) and 48 (powers in relation to certain aircraft) of the Aviation and Maritime Security Act 1990,
  and arrangements to compensate or repatriate passengers in the event of an air transport operator's insolvency. Exceptions from reservation
  The subject-matter of the following sections of the Civil Aviation Act 1982-
    (a) section 25 (Secretary of State's power to provide aerodromes),
    (b) section 30 (provision of aerodromes and facilities at aerodromes by local authorities),
    (c) section 34 (financial assistance for certain aerodromes),
    (d) section 35 (facilities for consultation at certain aerodromes),
    (e) section 36 (health control at Secretary of State's aerodromes and aerodromes of Civil Aviation Authority), and
    (f) sections 41 to 50 (powers in relation to land exercisable in connection with civil aviation) where land is acquired for the purpose of airport development or expansion.
  The subject-matter of Part II (transfer of airport undertakings of local authorities), sections 63 and 64 (airport byelaws) and 66 (functions of operators of designated airports as respects abandoned vehicles) of the Airports Act 1986.
  Section 5 - Other Matters
  Transport of radioactive material.
  Standards for public passenger transport for disabled persons, including the subject-matter of-
    (a) section 125(7) and (8) of the Transport Act 1985 (Secretary of State's guidance and consultation with the Disabled Persons Transport Advisory Committee), and
    (b) Part V of the Disability Discrimination Act 1995 (public transport).
  Regulation of the carriage of dangerous goods.
  "Radioactive material" has the same meaning as in section 1(1) of the Radioactive Material (Road Transport) Act 1991.
  Head 6 - Social Security
  Section 1 - Social Security Schemes
  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-
    (a) establish and administer schemes providing assistance for social security purposes to or in respect of individuals, or
    (b) 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 to 1995.
 The subject-matter of the Vaccine Damage Payment Scheme.
      Illustrations of reservation
 National Insurance; Social Fund; administration and funding of housing benefit and council tax benefit by local authorities; recovery of benefits for accident, injury or disease from persons paying damages; 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 from reservation
 The subject-matter of section 22 of the National Assistance Act 1948 (charges for local authority accommodation), Part II of the Social Work (Scotland) Act 1968 (social welfare services), section 50 of the Children Act 1975 (payments towards maintenance of children), 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 and the Community Care (Direct Payments) Act 1996
 "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-
    (a) who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care,
    (b) who qualify by reason of low income, or
    (c) in relation to their housing costs or liabilities for local taxes (for example, council tax and non-domestic rates).
  Section 2 - Child Support
 The subject-matter of the Child Support Acts 1991 to 1995.
  Section 3 - Occupational and personal pensions
 Occupational pension schemes and personal pension schemes.
 Where pension payable to or in respect of any class of persons under a public service pension scheme is covered by this reservation, so are enactments making provision in their case-
    (a) 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
    (b) for benefits in respect of death or incapacity resulting from injury or disease.
      Illustrations of reservation
 The Pensions (Increase) Act 1971.
 Schemes for the payment of pensions which are listed in Schedule 2 to that Act; schemes under section 26 of the Fire Services Act 1947, the Superannuation Act 1972, the Overseas Pensions Act 1973 or section 1 of the Police Pensions Act 1976.
 The Pensions Acts.
      Exceptions from reservation
 Provision for the payment, in accordance with the Pensions Acts, of pensions-
    (a) in pursuance of section 76, or
    (b) to or in respect of any person who has ceased to be a member of the staff of the Parliament.
 Authorising or requiring any public body with functions relating to devolved matters to provide for pensions for its members or staff in accordance with the Pensions Acts.
      Scots private law
 In spite of section 28(4)-
    (a) the obligations of the trustees or managers of an occupational or personal pension scheme in cases where liabilities under orders made in matrimonial proceedings, or agreements made between the parties to a marriage, are to be satisfied out of assets of the scheme, and
    (b) other provisions of the law about occupational or personal pension schemes which regulates the trustees or managers of such schemes,
  are not within the legislative competence of the Parliament. Interpretation
 "The Pensions Acts" means the Pension Schemes Act 1993 and Part I of the Pensions Act 1995.
 "Occupational pension scheme" and "personal pension scheme" have the meanings given by section 1 of the Pension Schemes Act 1993, but as if the reference to employed earners in the definition of personal pension scheme were to any earners.
previous section contents continue
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 1997
Prepared 18 December 1997