Devolved and reserved powers in Scotland

Some decisions about how Scotland is run are made by the UK Parliament.

These relate to reserved matters - areas that affect the whole UK and international relations.

Reserved matters include:

• defence
• social security
• immigration

Some decisions are made by the Scottish Parliament.

There relate to devolved matters - areas that affect Scotland only.

Devolved matters include:

• education
• health
• law and order

Watch this video to find out which reserved matters the UK Parliament has power over, and which devolved matters are under the control of the Scottish Parliament.

Devolution means the transfer of power from central government to a particular area or region.

Scotland is part of the United Kingdom and for many years all political decisions affecting Scotland were made at the UK Parliament.

• in 1997, the UK Government promised that the people of Scotland could have devolution if they wanted it.
• a devolution referendum was held in 1998
  • 74% of Scots voted for a Scottish Parliament
• the Scottish Parliament opened on 1st July 1999

Since then some decisions about how Scotland is run have been devolved to the Scottish Parliament.

Many other decisions have been reserved my the UK Parliament.

The powers of the Scottish Parliament have been devolved from the UK Parliament. These were set out in the Scotland Act (1998).

However, the UK Parliament still takes decisions for Scotland in some areas.

Reserved matters are areas which the UK Government makes decisions about for the whole of the UK, including Scotland. These areas have an impact on the UK as a whole, or internationally, so are beyond the control of the Scottish Parliament.

Reserved matters include the following:

• Constitutional Affairs – decisions on devolution for Scotland, Wales and Northern Ireland

• Currency

• Defence – the Army, Navy and Air Force

• Foreign Affairs – relations with other countries eg the EU or USA

• Economic policy – some taxes including business tax

• Immigration, asylum and visas

• Social security – control of reserved benefits: universal credit, tax credits

• Taxation - most tax-raising powers

• Other – broadcasting, betting and gambling, and drug control and classification

Devolved matters are areas that only affect Scotland.

These include:

• Agriculture, forestry and fishing

• Education – nurseries, schools, colleges and universities

• Environment – environmental protection, flood prevention etc

• Health - the NHS in Scotland (hospitals, GP services etc)

• Housing

• Local government – responsibility for 32 local councils to deliver services such as roads and social care

• Law and order – criminal law, civil law, the police, court and prison services, the fire service

• Sports and the Arts – promotion of sports, museums, historic buildings etc

• Social security – some powers over welfare and top-up benefits

• Taxation – control over part of Scotland's income tax and VAT.

• Some transport - the road network in Scotland, rail routes in Scotland, bus, cycle and taxi policies

Scotland Act 2012

As a result of the Scotland Act 2012, the Scottish Parliament was given extra powers:

• the ability to raise or lower income tax in Scotland by up to 10p in every pound
• control over other taxes including stamp duty (on house sales) and landfill tax
• borrowing powers of up to £5 billion
• limited power over setting drink driving limits

Scotland Act 2016

After the 2014 independence referendum, the Scottish Parliament was given more powers:

• control over the electoral system in Scotland

• control over all rates and bands for Scottish Income Tax

• control over some VAT revenue

• increased control of welfare and benefits

This is an addition to the powers given as part of the Scotland Act 2012.

Sometimes the Scottish Parliament and UK Parliament disagree about a bill passed by the Scottish Parliament.

The bill can be referred to the UK Supreme Court which will rule on whether the Scottish Parliament has the power to pass the bill.This can be because:

• the subject matter of the bill relates to reserved matters
• the bill would involve changes to UK legislations (for example the Equality Act 2010)
• the bill is incompatible with the European Convention of Human Rights (which the UK is subject to)

Scotland is represented at two parliaments:

• UK Parliament in Westminster, London
• Scottish Parliament at Holyrood, Edinburgh

Decisions about reserved matters are made at the UK Parliament as they affect the whole UK andinternational relations

Reserved matters include:

• defence
• social security
• immigration

Decisions about devolved matters are made at the Scottish Parliament as they affect Scotland only and people who live here

Devolved matters include:

• education
• health
• law and order

More powers were devolved to Scotland in the Scotland Act (2012) and Scotland Act (2016), including some power over tax, welfare and borrowing.

Disagreements about reserved and devolved powers are decided on by the UK Supreme Court.