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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 |
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Section 1 - Fiscal, Economic and Monetary Policy
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.
Exception from reservation |
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Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).
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
Reservation |
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Coinage, legal tender and bank notes. |
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Section 3 - Financial Services
Reservation |
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Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance. |
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Exceptions 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
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
Reservation
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 |
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Section 1 - Misuse of drugs
Reservation |
| | 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
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
Reservation |
| | 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 |
| | Local government elections, except the franchise.
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Section 4 - Firearms
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Reservation |
| | The subject-matter of the Firearms Acts 1968 to 1997.
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Section 5 - Entertainment
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Reservation |
| | The subject-matter of-
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(a) the Hypnotism Act 1952, |
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(b) sections 12 to 14 of the Theatres Act 1968 (licensing of premises), |
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(c) the Video Recordings Act 1984, and |
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(d) sections 1 to 16 of the Cinemas Act 1985 (control of exhibitions). |
| | 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 |
| | 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 |
| | 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 |
| | 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. |
| | 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 |
| | Betting, gaming and lotteries.
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Section 10 - Emergency powers
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Reservation |
| | Emergency powers.
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Section 11 - Extradition
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Reservation |
| | Extradition.
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Section 12 - Lieutenancies
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Reservation |
| | The subject-matter of the Lieutenancies Act 1997.
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Head 3 - Trade and Industry |
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Section 1 - Business associations
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Reservation |
| | 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, |
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Interpretation |
| | "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. |
| | 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. |
| | 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 |
| | Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.
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| | Exceptions 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 |
| | 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 |
| | 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 |
