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PART II |
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SPECIFIC RESERVATIONS |
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Preliminary |
| | 1. The matters to which any of the Sections in this Part apply are reserved matters for the purposes of this Act.
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| | 2. A Section applies to any matter described or referred to in the entry under the heading "reservation", when read with any other entries in that Section.
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| | 3. The other entries in a Section relate only to that Section, unless otherwise indicated (so that an entry under the heading "exceptions from reservation" does not generally affect any other Section).
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Reservations |
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Head 1 - Financial and Economic Matters
Section 1 - Fiscal, Economic and Monetary Policy |
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Reservation
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Fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.
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Exception from reservation
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Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).
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Scots private law
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In spite of section 28(4), interest on sums due in respect of taxes or excise duties and refunds of such taxes or duties is not within the legislative competence of the Parliament.
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Section 2 - The Currency
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Reservation |
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Coinage, legal tender and bank notes.
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Section 3 - Financial Services |
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Reservation
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Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.
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Exception from reservation
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The subject-matter of section 1 of the Banking and Financial Dealings Act 1971 (bank holidays).
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Section 4 - Financial Markets |
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Reservation
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Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.
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Section 5 - Money Laundering |
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Reservation
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The subject-matter of the Money Laundering Regulations 1993, but in relation to any type of business.
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Head 2 - Home Affairs
Section 1 - Misuse of drugs |
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Reservation
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The subject-matter of-
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(a) the Misuse of Drugs Act 1971, |
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(b) sections 12 to 14 of the Criminal Justice (International Co-operation) Act 1990 (substances useful for manufacture of controlled drugs), and |
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(c) Part V of the Criminal Law (Consolidation) (Scotland) Act 1995 (drug trafficking) and, so far as relating to drug trafficking, the Proceeds of Crime (Scotland) Act 1995. |
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Section 2 - Data protection
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Reservation |
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The subject matter of-
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(a) the Data Protection Act 1984, and |
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(b) Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and on the free movement of such data). |
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Section 3 - Elections |
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Reservation
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The subject matter of-
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(a) the European Parliamentary Elections Act 1978, |
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(b) the Representation of the People Act 1983 and the Representation of the People Act 1985, and |
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(c) the Parliamentary Constituencies Act 1986. |
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Exception from reservation
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Local government elections, except the franchise.
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Section 4 - Firearms |
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Reservation
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The subject-matter of the Firearms Acts 1968 to 1997.
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Section 5 - Entertainment
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Reservation |
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The subject-matter of-
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(a) the Video Recordings Act 1984, and |
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(b) sections 1 to 16 of the Cinemas Act 1985 (control of exhibitions). |
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The classification of films for public exhibition by reference to their suitability for viewing by persons generally or above a particular age, with or without any advice as to the desirability of parental guidance.
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Section 6 - Immigration and nationality |
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Reservation
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Nationality; immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents.
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Section 7 - Scientific procedures on live animals |
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Reservation
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The subject-matter of the Animals (Scientific Procedures) Act 1986.
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Section 8 - National security, interception of communications, official secrets and terrorism
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Reservation |
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National security.
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The subject-matter of the Interception of Communications Act 1985, except so far as relating to the prevention or detection of serious crime (within the meaning of that Act).
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The Security Service, the Secret Intelligence Service and the Government Communications Headquarters.
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The subject-matter of-
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(a) the Official Secrets Acts 1911 and 1920, and |
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(b) the Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4. |
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Special powers, and other special provisions, for dealing with terrorism.
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Section 9 - Betting, gaming and lotteries |
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Reservation
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Betting, gaming and lotteries.
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Section 10 - Emergency powers |
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Reservation
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Emergency powers.
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Section 11 - Extradition |
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Reservation
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Extradition.
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Section 12 - Lieutenancies |
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Reservation
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The subject-matter of the Lieutenancies Act 1997.
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Head 3 - Trade and Industry
Section 1 - Business associations |
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Reservation
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The creation, operation, regulation and dissolution of types of business association.
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Exceptions from reservation
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The creation, operation, regulation and dissolution of-
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(a) particular public bodies, or public bodies of a particular type, established by or under any enactment, and |
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Interpretation
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"Business association" means any person (other than an individual) established for the purpose of carrying on any kind of business, whether or not for profit; and "business" includes the provision of benefits to the members of an association.
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Section 2 - Insolvency |
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Reservation
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In relation to business associations-
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(a) the modes of, the grounds for and the general legal effect of winding up, and the persons who may initiate winding up, |
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(b) liability to contribute to assets on winding up, |
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(c) powers of courts in relation to proceedings for winding up, other than the power to sist proceedings, |
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(d) arrangements with creditors, and |
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(e) procedures giving protection from creditors. |
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Preferred or preferential debts for the purposes of the Bankruptcy (Scotland) Act 1985, the Insolvency Act 1986, and any other enactment relating to the sequestration of the estate of any person or to the winding up of business associations, the preference of such debts against other such debts and the extent of their preference over other types of debt.
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Regulation of insolvency practitioners.
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Co-operation of insolvency courts.
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Exceptions from reservation
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In relation to business associations-
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(a) the process of winding up, including the person having responsibility for the conduct of a winding up or any part of it, and his conduct of it or of that part, |
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(b) the effect of winding up on diligence, and |
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(c) avoidance and adjustment of prior transactions on winding up. |
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Floating charges and receivers, except in relation to preferential debts, regulation of insolvency practitioners and co-operation of insolvency courts.
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Interpretation
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"Business association" has the meaning given in Section 1 of this Head, but does not include any person whose estate may be sequestrated under the Bankruptcy (Scotland) Act 1985 or any public body established by or under an enactment.
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"Winding up", in relation to business associations, includes winding up of solvent, as well as insolvent, business associations.
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Section 3 - Competition |
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Reservation
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Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.
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Exception from reservation
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Regulation of particular practices in the legal profession for the purpose of regulating that profession or the provision of legal services.
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Interpretation
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"The legal profession" means advocates, solicitors and qualified conveyancers and executry practitioners within the meaning of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
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Section 4 - Intellectual Property |
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Reservation
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Intellectual property.
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Exception from reservation
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The subject-matter of Part I of the Plant Varieties and Seeds Act 1964 (plant breeders' rights).
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Section 5 - Import and Export Control |
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Reservation
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The subject-matter of the Import, Export and Customs Powers (Defence) Act 1939.
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Prohibition and regulation of the import and export of endangered species of animals and plants.
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Exceptions from reservation
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Prohibition and regulation of movement into and out of Scotland of-
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(a) food, animals, animal products, plants and plant products for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and |
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(b) animal feeding stuffs, fertilisers and pesticides for the purposes of protecting human, animal or plant health or the environment. |
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Section 6 - Consumer Protection |
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Reservation
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Regulation of-
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(a) the sale and supply of goods and services to consumers, |
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(b) guarantees in relation to such goods and services, |
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(c) hire purchase, including the subject-matter of Part III of the Hire - Purchase Act 1964, |
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(d) trade descriptions, except in relation to food, |
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(e) misleading and comparative advertising, except regulation specifically in relation to food, tobacco and tobacco products, |
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(h) the conduct of estate agency business, |
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(i) auctions and mock auctions of goods and services, and |
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(j) hall-marking and gun barrel proofing. |
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Safety of, and liability for, services supplied to consumers.
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The subject-matter of-
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(a) the Hearing Aid Council Act 1968, |
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(b) the Unsolicited Goods and Services Acts 1971 and 1975, |
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(c) Parts I to III and XI of the Fair Trading Act 1973, |
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(d) the Consumer Credit Act 1974, |
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(e) the Timeshare Act 1992, |
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(f) the Package Travel, Package Holidays and Package Tours Regulations 1992, and |
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(g) the Commercial Agents (Council Directive) Regulations 1993. |
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Exception from reservation
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The subject-matter of section 16 of the Food Safety Act 1990 (food safety and consumer protection).
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Section 7 - Product Standards, Safety and Liability |
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Reservation
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Technical standards and requirements in relation to products in pursuance of an obligation under Community law.
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Product safety and liability.
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Product labelling.
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Exceptions from reservation
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Food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides.
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In relation to food safety, materials which come into contact with food.
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Section 8 - Weights and Measures |
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Reservation
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Units and standards of weight and measurement.
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Regulation of trade so far as involving weighing, measuring and quantities.
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Section 9 - Telecommunications and Wireless Telegraphy |
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Reservation
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Telecommunications and wireless telegraphy.
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Internet services.
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Electronic encryption.
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The subject-matter of Part II of the Wireless Telegraphy Act 1949 (electromagnetic disturbance).
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Exception from reservation
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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).
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Section 10 - Post Office, Posts and Postal Services |
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Reservation
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The Post Office, posts (including postage stamps, postal orders and postal packets) and regulation of postal services.
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Exception from reservation
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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).
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Section 11 - Research Councils |
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Reservation
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Research Councils within the meaning of the Science and Technology Act 1965.
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The subject-matter of section 5 of that Act (funding of scientific research) so far as relating to Research Councils.
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Section 12 - Designation of Assisted Areas |
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Reservation
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The subject-matter of section 1 of the Industrial Development Act 1982.
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Section 13 - Industrial Development Advisory Board |
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Reservation
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The Industrial Development Advisory Board.
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Section 14 - Protection of Trading and Economic Interests |
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Reservation
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The subject-matter of-
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(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), |
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.
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(b) Part II of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and |
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(c) the Protection of Trading Interests Act 1980. |
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Head 4 - Energy{spara}Section 1 - Electricity |
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Reservation
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Generation, transmission, distribution and supply of electricity.
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The subject-matter of Part II of the Electricity Act 1989.
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Exception from reservation
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The subject- matter of Part I of the Environmental Protection Act 1990.
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Section 2 - Oil and Gas |
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Reservation
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Oil and gas, including-
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(a) the ownership of, exploration for and exploitation of deposits of oil and natural gas, |
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(b) offshore installations and pipelines, |
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(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, |
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(d) the application of Scots law and the jurisdiction of the Scottish courts in relation to offshore activities, |
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(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), |
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(f) restrictions on navigation, fishing and other activities in connection with offshore activities, |
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(g) liquefaction of natural gas, and |
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(h) the conveyance, shipping and supply of gas through pipes. |
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Exceptions from reservation
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The subject-matter of-
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(a) the Offshore Petroleum Development (Scotland) Act 1975, other than sections 3 to 7, and |
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(b) Part I of the Environmental Protection Act 1990. |
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The manufacture of gas.
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The conveyance, shipping and supply of gas other than through pipes.
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Section 3 - Coal
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Reservation |
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Coal, including its ownership and exploitation, deep and opencast coal mining and coal mining subsidence.
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Exceptions from reservation
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The subject- matter of-
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(a) Part I of the Environmental Protection Act 1990, and |
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(b) 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. |
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Section 4 - Nuclear Energy
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Reservation |
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Nuclear energy and nuclear installations, including-
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(a) nuclear safety, security and safeguards, and |
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(b) liability for nuclear occurrences. |
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Exceptions from reservation
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The subject-matter of-
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(a) Part I of the Environmental Protection Act 1990, and |
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(b) the Radioactive Substances Act 1993. |
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Section 5 - Energy Conservation |
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Reservation
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The subject-matter of the Energy Act 1976, other than section 9.
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Exception from reservation
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The encouragement of energy efficiency other than by prohibition or regulation.
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Head 5 - Transport{spara}Section 1 - Road Transport
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Reservation |
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The subject-matter of-
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(a) the Motor Vehicles (International Circulation) Act 1952, |
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(b) the Public Passenger Vehicles Act 1981 and the Transport Act 1985, so far as relating to public service vehicle operator licensing, |
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(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, |
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(d) the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988, |
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(e) the Vehicle Excise and Registration Act 1994, |
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(f) the Road Traffic (New Drivers) Act 1995, and |
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(g) the Goods Vehicles (Licensing of Operators) Act 1995. |
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Regulation of proper hours or periods of work by persons engaged in the carriage of passengers or goods by road.
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The conditions under which international road transport services for passengers or goods may be undertaken.
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Regulation of the instruction of drivers of motor vehicles.
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Grants to operators of bus services so as to defray any duty charged on fuel.
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Exceptions from reservation
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The subject- matter of sections 39 and 40 (road safety information and training) and 157 to 159 (payments for treatment of traffic casualties) of the Road Traffic Act 1988.
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Section 2 - Rail Transport
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Reservation |
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Provision and regulation of railway services.
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Rail transport security.
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The subject-matter of the Channel Tunnel Act 1987.
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The subject-matter of the Railway Heritage Act 1996.
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Exceptions from reservation
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Grants so far as relating to railway services; but this exception does not apply in relation to-
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(a) the subject-matter of section 63 of the Railways Act 1993 (government financial assistance where railway administration orders made), |
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(b) "railway services" as defined in section 82(1)(b) of the Railways Act 1993 (carriage of goods by railway), or |
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(c) the subject-matter of section 136 of the Railways Act 1993 (grants and subsidies). |
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Interpretation
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"Railway services" has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of "railway" given by section 81(2) of that Act).
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Section 3 - Marine Transport |
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Reservation
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The subject-matter of-
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(a) the Coastguard Act 1925, |
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(b) the Hovercraft Act 1968, except so far as relating to the regulation of noise and vibration caused by hovercraft, |
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(c) the Carriage of Goods by Sea Act 1971, |
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(d) section 2 of the Protection of Wrecks Act 1973 (prohibition on approaching dangerous wrecks), |
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(e) the Merchant Shipping (Liner Conferences) Act 1982, |
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(f) the Dangerous Vessels Act 1985, |
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(g) the Aviation and Maritime Security Act 1990, other than Part I (Aviation Security), |
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(h) the Carriage of Goods by Sea Act 1992, |
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(i) the Merchant Shipping Act 1995, |
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(j) the Shipping and Trading Interests (Protection) Act 1995, and |
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(k) section 24 (implementation of international agreements relating to protection of wrecks), section 26 (piracy) and sections 27 and 28 (international bodies concerned with maritime matters) of the Merchant Shipping and Maritime Security Act 1997. |
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Navigational rights and freedoms.
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Financial assistance for shipping services which start or finish or both outside Scotland.
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Exceptions from reservation
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Ports, harbours, piers and boatslips, except in relation to the matters reserved by virtue of paragraph (d), (f), (g) or (i).
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Regulation of works which may obstruct or endanger navigation.
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The subject-matter of the Highlands and Islands Shipping Services Act 1960 in relation to financial assistance for bulk freight services.
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Scots private law
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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.
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Section 4 - Air Transport
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Reservation |
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Regulation of aviation and air transport, including the subject-matter of-
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(a) the Carriage by Air Act 1961, |
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(b) the Carriage by Air (Supplementary Provisions) Act 1962, |
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(c) the Carriage by Air and Road Act 1979 so far as relating to carriage by air, |
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(d) the Civil Aviation Act 1982, |
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(e) the Aviation Security Act 1982, |
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(f) the Airports Act 1986, and |
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(g) sections 1 (endangering safety at aerodromes) and 48 (powers in relation to certain aircraft) of the Aviation and Maritime Security Act 1990, |
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and arrangements to compensate or repatriate passengers in the event of an air transport operator's insolvency. Exceptions from reservation
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The subject-matter of the following sections of the Civil Aviation Act 1982-
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(a) section 25 (Secretary of State's power to provide aerodromes), |
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(b) section 30 (provision of aerodromes and facilities at aerodromes by local authorities), |
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(c) section 31 (power to carry on ancillary business in connection with local authority aerodromes), |
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(d) section 34 (financial assistance for certain aerodromes), |
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(e) section 35 (facilities for consultation at certain aerodromes), |
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(f) section 36 (health control at Secretary of State's aerodromes and aerodromes of Civil Aviation Authority), and |
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(g) sections 41 to 43 and 50 (powers in relation to land exercisable in connection with civil aviation) where land is to be or was acquired for the purpose of airport development or expansion. |
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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.
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The subject-matter of section 59 (acquisition of land and rights over land) and section 60 (disposal of compulsorily acquired land) of the Airports Act 1986 where land is to be or was acquired for the purpose of airport development or expansion.
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Section 5 - Other Matters |
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Reservation
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Transport of radioactive material.
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Technical specifications for public passenger transport for disabled persons, including the subject-matter of-
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(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 |
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(b) Part V of the Disability Discrimination Act 1995 (public transport). |
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Regulation of the carriage of dangerous goods.
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Interpretation
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"Radioactive material" has the same meaning as in section 1(1) of the Radioactive Material (Road Transport) Act 1991.
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Head 6 - Social Security{spara}Section 1 - Social Security Schemes
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Reservation |
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Schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits.
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Requiring persons to-
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(a) establish and administer schemes providing assistance for social security purposes to or in respect of individuals, or |
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(b) make payments to or in respect of such schemes, |
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and to keep records and supply information in connection with such schemes.
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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 and 1995.
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The subject-matter of the Vaccine Damage Payment Scheme.
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Illustrations of reservation
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National Insurance; Social Fund; administration and funding of housing benefit and council tax benefit; recovery of benefits for accident, injury or disease from persons paying damages; deductions from benefits for the purpose of meeting an individual's debts; 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.
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Exceptions from reservation
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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 2 of the Chronically Sick and Disabled Persons Act 1970 (provision of 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.
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Interpretation
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"Benefits" includes pensions, allowances, grants, loans and any other form of financial assistance.
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Providing assistance for social security purposes to or in respect of individuals includes (among other things) providing assistance to or in respect of individuals-
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(a) who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care, |
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(b) who qualify by reason of low income, or |
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(c) in relation to their housing costs or liabilities for local taxes. |
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Section 2 - Child Support |
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Reservation
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The subject-matter of the Child Support Acts 1991 and 1995.
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Section 3 - Occupational and personal pensions |
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Reservation
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Occupational pension schemes and personal pension schemes.
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Where pension payable to or in respect of any class of persons under a public service pension scheme is covered by this reservation, so is making provision in their case-
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(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 |
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(b) for benefits in respect of death or incapacity resulting from injury or disease.
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Illustrations of reservation |
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The Pensions (Increase) Act 1971.
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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.
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The Pensions Acts.
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Exceptions from reservation
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Provision for the payment, in accordance with the Pensions Acts, of pensions-
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(a) in pursuance of section 76, or |
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(b) to or in respect of any person who has ceased to be a member of the staff of the Parliament. |
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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.
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Scots private law
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In spite of section 28(4)-
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(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 |
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(b) other provisions of the law about occupational or personal pension schemes which regulates the trustees or managers of such schemes, |
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are not within the legislative competence of the Parliament.
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Interpretation
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"The Pensions Acts" means the Pension Schemes Act 1993 and Part I of the Pensions Act 1995.
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"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.
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"Pension" includes gratuities and allowances.
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"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.
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Section 4 - War Pensions
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Reservation |
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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.
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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.
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Illustrations of reservation
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The provision of pensions under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.
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Interpretation
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"Pension" includes grants, allowances, supplements and gratuities.
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Head 7 - Regulation of the professions{spara}Section 1 - Architects
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Reservation |
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Regulation of the profession of architect.
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Section 2 - Health Professions
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Reservation |
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Regulation of the health professions.
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Exceptions from reservation
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The subject-matter of-
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(a) section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners), and |
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(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.
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Interpretation |
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"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.
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Section 3 - Auditors
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Reservation |
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Regulation of the profession of auditor.
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Head 8 - Employment{spara}Section 1 - Employment and Industrial Relations
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Reservation |
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Employment rights and duties and industrial relations, including the subject-matter of-
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(a) the Employers' Liability (Compulsory Insurance) Act 1969, |
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(b) the Employment Agencies Act 1973, |
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(c) the Pneumoconiosis etc. (Workers' Compensation) Act 1979, |
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(d) the Transfer of Undertakings (Protection of Employment) Regulations 1981, |
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(e) the Trade Union and Labour Relations (Consolidation) Act 1992, |
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(f) the Industrial Tribunals Act 1996, |
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(g) the Employment Rights Act 1996, and |
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(h) the National Minimum Wage Act 1998.
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Exception from reservation |
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The subject-matter of the Agricultural Wages (Scotland) Act 1949.
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Section 2 - Health and Safety
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Reservation |
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The subject-matter of the following Parts of the Health and Safety at Work etc. Act 1974-
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(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 |
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(b) Part II (the Employment Medical Advisory Service). |
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Exception from reservation
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Public safety in relation to matters which are not reserved.
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Section 3 - Job Search and Support
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Reservation |
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The subject-matter of-
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(a) the Disabled Persons (Employment) Act 1944, and |
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(b) the Employment and Training Act 1973, except so far as relating to training for employment.
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Exception from reservation |
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The subject-matter of sections 8 to 10A of the Employment and Training Act 1973 (careers services).
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Head 9 - Health and Medicines{spara}Section 1 - Abortion
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Reservation |
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Abortion.
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Section 2 - Xenotransplantation
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Reservation |
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Xenotransplantation.
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Section 3 - Embryology, Surrogacy and Genetics
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Reservation |
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Surrogacy arrangements, within the meaning of the Surrogacy Arrangements Act 1985, including the subject-matter of that Act.
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The subject-matter of the Human Fertilisation and Embryology Act 1990.
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Human genetics.
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Section 4 - Medicines, Medical Supplies and Poisons
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Reservation |
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The subject-matter of-
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(a) the Medicines Act 1968, the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 and the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994, |
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(b) the Poisons Act 1972, and |
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(c) the Biological Standards Act 1975. |
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Regulation of prices charged for medical supplies or medicinal products which (in either case) are supplied for the purposes of the health service established under section 1 of the National Health Service (Scotland) Act 1978.
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Interpretation
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"Medical supplies" has the same meaning as in section 49(3) of the National Health Service (Scotland) Act 1978.
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"Medicinal products" has the same meaning as in section 130(1) of the Medicines Act 1968.
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Section 5 - Welfare Foods
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Reservation |
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Schemes made by regulations under section 13 of the Social Security Act 1988 (schemes for distribution of welfare foods).
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Head 10 - Media and Culture{spara}Section 1 - Broadcasting
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Reservation |
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The subject-matter of the Broadcasting Act 1990 and the Broadcasting Act 1996.
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The British Broadcasting Corporation.
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Section 2 - Public Lending Right
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Reservation |
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The subject-matter of the Public Lending Right Act 1979.
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Section 3 - Government Indemnity Scheme |
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Reservation
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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.).
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Section 4 - Property Accepted in Satisfaction of Tax |
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Reservation
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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).
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Head 11 - Miscellaneous{spara}Section 1 - Judicial Remuneration |
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Reservation
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Determination of the remuneration of-
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(a) judges of the Court of Session, |
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(b) sheriffs principal and sheriffs, |
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(c) members of the Lands Tribunal for Scotland, and |
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(d) the Chairman of the Scottish Land Court. |
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Section 2 - Equal Opportunities
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Reservation |
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Equal opportunities, including the subject-matter of-
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(a) the Equal Pay Act 1970, |
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(b) the Sex Discrimination Act 1975, |
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(c) the Race Relations Act 1976, and |
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(d) the Disability Discrimination Act 1995.
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Exceptions from reservation |
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The encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements.
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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.
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Interpretation
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"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, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.
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"Equal opportunity requirements" means the requirements of the law for the time being relating to equal opportunities.
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Section 3 - Control of Weapons |
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Reservation
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Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
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Section 4 - Ordnance Survey
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Reservation |
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The subject-matter of the Ordnance Survey Act 1841.
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Section 5 - Time
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Reservation |
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Timescales, time zones and the subject-matter of the Summer Time Act 1972.
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The calendar; units of time; the date of Easter.
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Exceptions from reservation
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The computation of periods of time.
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The subject-matter of-
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(a) section 1 of the Banking and Financial Dealings Act 1971 (bank holidays), and |
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(b) the Term and Quarter Days (Scotland) Act 1990. |
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Section 6 - Outer Space |
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Reservation
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Regulation of activities in outer space.
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