What Are Westminster’s Reserved Powers?

The United Kingdom Parliament at Westminster remains responsible for a range of matters that have not been devolved to the Scottish Parliament. These are known as reserved powers and are set out in the Scotland Act 1998.

The Scottish Parliament cannot normally legislate in these areas unless powers have been transferred by the UK Parliament.

Constitution

Westminster is responsible for constitutional matters affecting the United Kingdom. These include:

• The Union between Scotland and England
• The UK Parliament
• The Crown
• General elections to the UK Parliament
• The constitution of the United Kingdom

Foreign Affairs

The UK Government conducts international relations on behalf of the United Kingdom.

This includes:

• Diplomatic relations
• Embassies and consulates
• Treaties
• International organisations such as the United Nations and NATO
• International sanctions

Defence and National Security

Westminster has responsibility for:

• The Armed Forces
• National security
• Intelligence agencies including MI5, MI6 and GCHQ
• Nuclear weapons
• Military procurement

Immigration and Nationality

Immigration policy applies across the UK.

Westminster controls:

• Visas
• Border security
• Asylum policy
• Citizenship
• Passports
• Deportation and immigration enforcement

Economic and Fiscal Policy

The UK Government retains responsibility for most taxation and the overall management of the UK economy.

Reserved matters include:

• Corporation Tax
• Value Added Tax (VAT)
• National Insurance
• Capital Gains Tax
• Inheritance Tax
• Customs and Excise
• Government borrowing
• Public debt
• Monetary policy
• The Bank of England
• The Pound Sterling

The Scottish Parliament has limited powers over Scottish Income Tax and certain devolved taxes.

Employment Law

Employment legislation remains largely reserved.

This includes:

• Minimum wage
• Unfair dismissal
• Trade unions
• Employment tribunals
• Working time regulations
• Redundancy rights
• Maternity and paternity rights

Social Security

Most welfare policy remains under the control of Westminster.

This includes:

• Universal Credit
• The State Pension
• Pension Credit
• Jobseeker’s Allowance
• Employment and Support Allowance
• Child Benefit

Several disability and family benefits have been devolved to Scotland and are administered by Social Security Scotland.

Energy

Many aspects of energy policy remain reserved.

These include:

• Electricity markets
• Gas markets
• Oil and gas licensing
• Nuclear energy
• Energy regulation

Some areas, such as planning decisions for energy developments in Scotland, fall within devolved responsibilities.

Broadcasting and Communications

Westminster legislates for:

• The BBC Charter
• Broadcasting regulation
• Ofcom
• Telecommunications
• Radio spectrum
• Postal services

Company and Consumer Law

Reserved matters include:

• Company law
• Competition law
• Insolvency
• Consumer protection
• Intellectual property

Transport

Some transport responsibilities remain reserved, including:

• Aviation
• Airports regulation
• Driving licences
• Vehicle registration
• Road vehicle standards
• Rail safety
• Maritime safety

The Scottish Government is responsible for Scotland’s trunk roads, many rail services and domestic ferry services.

Can Holyrood Legislate on Reserved Matters?

Acts of the Scottish Parliament must relate to devolved matters. Legislation that concerns a reserved matter may be challenged in the courts.

The UK Supreme Court has the final authority to determine whether an Act of the Scottish Parliament falls within its legal powers.

Can Westminster Legislate on Devolved Matters?

Yes.

The UK Parliament remains legally sovereign and can legislate for any part of the United Kingdom, including Scotland.

By convention, Westminster normally seeks the consent of the Scottish Parliament before legislating in devolved areas through a Legislative Consent Motion. This is known as the Sewel Convention. The convention is recognised in legislation but is not legally enforceable.

Summary

Reserved powers are the areas of law and public policy that remain under the control of the UK Parliament. They include the constitution, defence, foreign affairs, immigration, most taxation, employment law, most social security, monetary policy, broadcasting and many aspects of transport and energy. Devolved powers are exercised by the Scottish Parliament within the framework established by the Scotland Act 1998.