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UK responsibilities under the devolution arrangements

The UK Parliament retains full legislative powers over all matters, but where primary legislative responsibility for a matter has been devolved, it does not normally do so on such a matter without the agreement of the legislature concerned (the ‘Sewel Convention’), given by a vote on a Legislative Consent Motion.

Where executive authority is not devolved, it is exercised in each of these areas by the UK Government. Many UK Departments carry out functions in the devolved areas.

There is also for each area a territorial Secretary of State, who is a member of the UK Cabinet. The Secretary of State’s functions include representing the interests of that area in the Cabinet, and representing the Government in their area, monitoring and coordinating UK government responsibilities to ensure that they reflect those interests; and ensuring the smooth operation of the devolution settlement concerned.

The Secretary of State for Northern Ireland at present also has responsibility for policing and devolution matters, pending their devolution.

Each territorial Secretary of State is supported by an office: the Northern Ireland Office, the Scotland Office and the Wales Office. Devolution guidance notes set out more detail on the responsibilities of the Secretaries of State for Northern Ireland, Scotland and Wales.

Overall strategy in respect of devolution is the responsibility of the Secretary of State for Justice, supported by the Ministry of Justice.

The Devolution Secretariat in the Cabinet Office oversees coordination of business related to devolution, and provides the UK element of the secretariat of the Joint Ministerial Committee.

The Law Officers – the Attorney General as respects Wales and Northern Ireland, and the Advocate General for Scotland as respects Scotland – have roles in respect of ensuring the legal boundaries of the devolution settlements are observed, as well as providing advice to the UK Government. (Following devolution of responsibility for policing and justice to Northern Ireland, the Attorney will occupy the role of Advocate General for Northern Ireland).