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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) Paragraph 1 does not reserve-
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(a) Her Majesty's prerogative and other executive functions, or |
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(b) functions exercisable by any person acting on behalf of the Crown. |
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(2) Sub-paragraph (1) does not affect the reservation by paragraph 1 of honours and dignities or the functions of the Lord Lyon King of Arms so far as relating to the granting of arms; but this sub-paragraph does not apply to the Lord Lyon King of Arms in his judicial capacity.
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(3) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the Crown Estate Commissioners.
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| | 3. - (1) Paragraph 1 does not reserve property belonging to Her Majesty in right of the Crown or belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.
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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) Sub-paragraph (1) does not affect the reservation by paragraph 1 of-
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(a) the hereditary revenues of the Crown, |
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(b) the royal arms and standard, |
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(c) the compulsory acquisition of property held or used by a Minister of the Crown. |
| | 4. - (1) Paragraph 1 does not reserve property held by Her Majesty in Her private capacity.
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(2) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1873.
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| | 5. Paragraph 1 does not reserve the use of the Scottish Seal.
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Political parties |
| | 6. The registration and funding of political parties is a reserved matter.
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Foreign affairs, etc. |
| | 7. - (1) International relations, including relations with territories outside the United Kingdom, the European Communities (and their 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 |
| | 8. - (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 |
| | 9. - (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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(a) the exercise of civil defence functions by any person otherwise than as a member of any force or organisation referred to in sub-paragraph (1)(b) to (d) or any other force or organisation reserved by virtue of sub-paragraph (1)(a), |
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(b) the conferral of enforcement powers in relation to sea fishing. |
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Treason |
| | 10. Treason (including constructive treason), treason felony and misprision of treason are reserved matters.
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