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The Scottish settlement

The establishment of the Scottish Parliament and the Scottish Executive is provided for in the Scotland Act 1998. Schedule 5 to the Act sets out those matters which are reserved to the UK Parliament. All other issues are deemed to be devolved.

Reserved matters include:

• The Constitution
• Foreign Affairs
• Defence
• International Development
• The Civil Service
• Financial and Economic Matters
• Immigration and Nationality
• Misuse of Drugs
• Trade and Industry
• Aspects of energy regulation (eg electricity, coal, oil and gas and nuclear energy)
• Aspects of transport (eg regulation of air services, rail and international shipping)
• Employment
• Social Security
• Abortion, genetics, surrogacy, medicines
• Broadcasting
• Equal Opportunities

Consequently devolved matters include:

• Health and social work
• Education and training
• Local Government and housing
• Justice and policing
• Agriculture, forestry and fisheries
• The environment
• Tourism, sport and heritage
• Economic development and internal transport

The Scottish Parliament has the power to pass primary legislation, but cannot legislate on reserved matters. Nor by Schedule 4 can it amend protected enactments, such as certain Articles of the Act of Union. The UK Parliament remains sovereign, but has not knowingly legislated on a devolved matter since devolution without the agreement of the Scottish Parliament.