Devolved, reserved and excepted matters

• agriculture, fisheries, forestry and rural development
• culture
• economic development
• education and training
• environment
• fire and rescue services and promotion of fire safety
• food
• health and health services
• housing
• justice and policing (in Scotland & Northern Ireland only)
• local government
• public administration
• social welfare
• sport and recreation
• tourism
• town and country planning
• water and flood defence

Reserved matters are subdivided into two categories: General reservations and specific reservations.

General reservations cover major issues which are always handled centrally by the Parliament in Westminster:[6][7]

• the Crown
• the constitutional matters listed in Schedule 5 of the 1998 Act
• the UK Parliament
• registration and funding of political parties
• the making of peace or war
• international relations and treaties
• international development
• international trade
• the Civil Service of the United Kingdom
• defence
• treason

Additionally, in Wales, all matters concerning the single legal jurisdiction of England and Wales are reserved, including courts, tribunals, judges, civil and criminal legal proceedings, pardons for criminal offences, private international law, and judicial review of administrative action. An exception in Wales allows the Senedd to create Wales-specific tribunals that are not concerned with reserved matters.

Specific reservations cover policy areas which can only be regulated by Westminster, listed under 'heads':

The reserved matters continue to be controversial in some quarters and there are certain conflicts or anomalies. For example, in Scotland, the funding of Scottish Gaelic television is controlled by the Scottish Government, but broadcasting is a reserved matter, and while energy is a reserved matter, planning permission for power stations is devolved.

Prior to the passage of the Wales Act 2017, issues were only devolved if outlined in the Government of Wales Act 1998 or the Government of Wales Act 2006.

The Government of Wales Act 1998 lists the following fields to be transferred to the National Assembly for Wales:[8]

• agriculture, forestry, fisheries and food
• ancient monuments and historic buildings
• culture (including museums, galleries and libraries)
• economic development
• education and training
• the environment
• health and health services
• highways
• housing
• industry
• local government
• social services
• sport and recreation
• tourism
• town and country planning
• transport
• water and flood defence
• the Welsh language

The Government of Wales Act 2006 updated the list of fields, as follows:[9]

• agriculture, fisheries, forestry and rural development
• ancient monuments and historic buildings
• culture
• economic development
• education and training
• environment
• fire and rescue services and promotion of fire safety
• food
• health and health services
• highways and transport
• housing
• local government
• the National Assembly for Wales
• public administration
• social welfare
• sport and recreation
• tourism
• town and country planning
• water and flood defence
• the Welsh language

Schedule 5 to the 2006 Act could be amended to add specific matters to the broad subject fields, thereby extending the legislative competence of the Assembly.[10]

Devolution in Northern Ireland was originally provided for in the Government of Ireland Act 1920, which stated that the Parliament of Northern Ireland could not make laws in the following main areas:[11]

• the Crown
• the Union with England, Scotland and Wales
• the making of peace or war
• the armed forces
• treaties or any relations with foreign states or dominions
• naturalization
• external trade
• navigation (including merchant shipping)
• submarine cables
• wireless telegraphy
• aerial navigation
• lighthouses
• currency
• copyright

This was the first practical example of devolution in the United Kingdom and followed three unsuccessful attempts to provide home rule for the whole island of Ireland:

• Government of Ireland Bill 1886
• Government of Ireland Bill 1893
• Government of Ireland Act 1914

Irish unionists initially opposed home rule, but later accepted it for Northern Ireland, where they formed a majority. (The rest of the island became independent as what is now the Republic of Ireland.)

The Parliament of Northern Ireland was suspended on 30 March 1972 by the Northern Ireland (Temporary Provisions) Act 1972,[12] with Stormont's legislative powers being transferred to the Queen in Council.

The Parliament of Northern Ireland was abolished outright by the Northern Ireland Constitution Act 1973;[13] legislative competence was conferred instead on the Northern Ireland Assembly. The 1973 Act set out a list of excepted matters (sch. 2) and "minimum" reserved matters (sch. 3).

The new constitutional arrangements quickly failed, and the Assembly was suspended on 30 May 1974 having only passed two Measures.

The Assembly was abolished under the Northern Ireland Act 1974,[14] which transferred its law-making power to the Queen in Council once again. The 1974 framework of powers continued in place until legislative powers were transferred to the present Northern Ireland Assembly under the Northern Ireland Act 1998, following the Belfast Agreement of 10 April 1998.

Excepted matters are outlined in Schedule 2 of the Northern Ireland Act 1998:[15]

• the Crown
• Parliament
• international relations
• international development
• defence
• weapons of mass destruction
• honours
• treason
• immigration and nationality
• taxation
• national insurance
• elections
• currency
• national security
• nuclear energy
• space

Reserved matters are outlined in Schedule 3 of the Northern Ireland Act 1998:[16]

• navigation (including merchant shipping)
• civil aviation
• The foreshore, sea bed and subsoil and their natural resources
• postal services
• import and export controls, external trade
• national minimum wage
• financial services
• financial markets
• intellectual property
• units of measurement
• telecommunications, broadcasting, internet services
• The National Lottery
• xenotransplantation
• surrogacy
• human fertilisation and embryology
• human genetics
• consumer safety in relation to goods

Following the suspension of the Parliament of Northern Ireland, policing and justice powers transferred to the UK Parliament and were subsequently administered by the Northern Ireland Office within the UK Government. These powers were not devolved following the Belfast Agreement.

The Hillsborough Castle Agreement[17] on 5 February 2010 resulted in the following reserved powers being transferred to the Northern Ireland Assembly on 12 April 2010:[18]

• criminal law
• policing
• prosecution
• public order
• courts
• prisons and probation

Some policing and justice powers remain reserved to Westminster:[19]

• the prerogative of mercy in terrorism cases
• drug classification
• the Serious Organised Crime Agency
• accommodation of prisoners in separated conditions
• parades
• security of explosives

A number of policing and justice powers remain excepted matters and were not devolved. These include:

• extradition (as an international relations matter)
• military justice (as a defence matter)
• immigration
• national security (including intelligence services)

Northern Ireland has parity with Great Britain in three areas:

• social security
• child support
• pensions

Policy in these areas is technically devolved but, in practice, follows policy set by the Westminster Parliament to provide consistency across the United Kingdom.[20]

• Text of the Scotland Act 1998 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
• Text of the Northern Ireland Act 1998 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
• Text of the Government of Wales Act as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
• Text of the Government of Wales Act 2006 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

• Devolution Guidance
• Devolution settlement: Scotland
• Northern Ireland: What is Devolved?
• Wales: What is Devolved?

• Constitution Unit, University College London
• Devolution and Constitutional Change Programme