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

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 "Pension" includes gratuities and allowances.
 
 "Public service pension scheme" includes any scheme within the definition of public service pension scheme in section 1 of the Pension Schemes Act 1993, but as if the references to a Minister of the Crown included the Scottish Ministers.
 
  Section 4 - War Pensions
 
      Reservation
 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.
 
      Illustrations of reservation
 
 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.
 
  Head 7 - Regulation of the professions
  Section 1 - Architects
 
      Reservation
 Regulation of the profession of architect.
 
  Section 2 - Health Professions
 
      Reservation
 Regulation of the health professions.
 
      Exceptions from reservation
 
 The subject-matter of-
 
 
    (a) section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners), and
 
    (b) 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.
 
  Section 3 - Auditors
 
      Reservation
 Regulation of the profession of auditor.
 
  Head 8 - Employment
  Section 1 - Employment and Industrial Relations
 
      Reservation
 Employment rights and duties and industrial relations, including the subject-matter of-
 
 
    (a) the Employers' Liability (Compulsory Insurance) Act 1969,
 
    (b) the Employment Agencies Act 1973,
 
    (c) the Pneumoconiosis etc. (Workers' Compensation) Act 1979,
 
    (d) the Transfer of Undertakings (Protection of Employment) Regulations 1981,
 
    (e) the Trade Union and Labour Relations (Consolidation) Act 1992,
 
    (f) the Industrial Tribunals Act 1996, and
 
    (g) the Employment Rights Act 1996.
     
      Exception from reservation
 The subject-matter of the Agricultural Wages (Scotland) Act 1949.
 
  Section 2 - Health and Safety
 
      Reservation
 The subject-matter of the following Parts of the Health and Safety at Work etc. Act 1974-
 
 
    (a) 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, section 1 and 2 of the Offshore Safety Act 1992 and section 117 of the Railways Act 1993, and
 
    (b) Part II (the Employment Medical Advisory Service).
     
      Exception from reservation
 Public safety in relation to matters which are not reserved.
 
  Section 3 - Job Search and Support
 
      Reservation
 Provision of advice and support, including financial support, for the purposes of assisting persons to select, obtain training for, obtain and retain employment or for the purposes of assisting persons to obtain suitable employees.
 
      Exceptions from reservation
 
 Provision of schemes, by bodies carrying on activities only within Scotland, for the giving of such advice and support.
 
 The subject-matter of sections 8 to 10A of the Employment and Training Act 1973 (careers services).
 
  Head 9 - Health and Medicines
  Section 1 - Abortion
 
      Reservation
 Abortion.
 
  Section 2 - Xenotransplantation
 
      Reservation
 Xenotransplantation.
 
  Section 3 - Embryology, Surrogacy and Genetics
 
      Reservation
 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.
 
  Section 4 - Medicines and Poisons
 
      Reservation
 The subject-matter of-
 
 
    (a) the Medicines Act 1968 and the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994,
 
    (b) the Poisons Act 1972, and
 
    (c) the Biological Standards Act 1975.
 Regulation of prices charged for medicines supplied for the purposes of the health service established under section 1 of the National Health Service (Scotland) Act 1978.
 
  Section 5 - Welfare Foods
 
      Reservation
 Schemes made by regulations under section 13 of the Social Security Act 1988 (schemes for distribution of welfare foods).
 
  Head 10 - Media and Culture
  Section 1 - Broadcasting
 
      Reservation
 The subject-matter of the Broadcasting Act 1990 and the Broadcasting Act 1996.
 
 The British Broadcasting Corporation.
 
  Section 2 - Public Lending Right
 
      Reservation
 The subject-matter of the Public Lending Right Act 1979.
 
  Section 3 - Government Indemnity Scheme
 
      Reservation
 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.).
 
  Section 4 - Property Accepted in Satisfaction of Tax
 
      Reservation
 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).
 
  Head 11 - Miscellaneous
  Section 1 - Judicial Remuneration
 
      Reservation
 Determination of the remuneration of-
 
 
    (a) judges of the Court of Session,
 
    (b) sheriffs principal and sheriffs,
 
    (c) members of the Lands Tribunal for Scotland, and
 
    (d) the Chairman of the Scottish Land Court.
  Section 2 - Equal Opportunities
 
      Reservation
 Equal opportunities, including the subject-matter of-
 
 
    (a) the Equal Pay Act 1970,
 
    (b) the Sex Discrimination Act 1975,
 
    (c) the Race Relations Act 1976, and
 
    (d) the Disability Discrimination Act 1995.
     
      Exceptions from reservation
 The encouragement of the observance of the equal opportunity requirements.
 
 Imposing duties on public bodies with functions relating to devolved matters to make arrangements with a view to securing that their 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 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.
 
  Section 3 - Control of Weapons
 
      Reservation
 Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
 
  Section 4 - Ordnance Survey
 
      Reservation
 The subject-matter of the Ordnance Survey Act 1841.
 
  Section 5 - Time
 
      Reservation
 Timescales, time zones and the subject-matter of the Summer Time Act 1972.
 
 The calendar; units of time; the date of Easter.
 
      Exceptions from reservation
 
 The computation of periods of time.
 
 The subject-matter of-
 
 
    (a) section 1 of the Banking and Financial Dealings Act 1971 (bank holidays), and
 
    (b) the Term and Quarter Days (Scotland) Act 1990.
  Section 6 - Outer Space
 
      Reservation
 Regulation of activities in outer space.
 
 
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Prepared 18 December 1997