Northumbria Bill

A bill to provide for the establishment of a Northumbrian Parliament and Administration and other changes in the governance of Northumbria; and for connected purposes.
Bill ID B077
Author(s) The Right Honourable Oswald Philadelphus MP
Amended by N/A
First reading 2021 May 14
Royal assent TBC
Commencement TBC
Affected legislation N/A

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

The Northumbrian Parliament

1 The Northumbrian Parliament

  1. There shall be a Northumbrian Parliament.
  2. Her Majesty will become the head of state of all Constituent Nations and will remain the symbolic head of state for the United Kingdom.
  3. One member of the Northumbrian Parliament shall be returned for each constituency (under the simple majority system) at an election held in the constituency.
  4. Members of the Northumbrian Parliament for each region shall be returned at a general election under an additional member system of proportional representation provided for in an Act by the Northumbrian Parliament.
  5. The exercise of the Northumbrian Parliament of its functions is to be regarded as done on behalf of the Crown.
  6. The validity of any proceedings of the Northumbrian Parliament is not affected by any vacancy in its membership.

Section 2 Northumbrian Parliament Constituencies and Electoral Regions

  1. The Northumbrian constituencies shall be, at the time this bill is enacted, the same as the current constituencies of North East England, North West England, and Yorkshire and the Humber in the Parliament of the United Kingdom.
  2. There are ten Northumbrian Parliament electoral regions.
  3. The electoral regions of Northumbria and the constituencies of the Northumbrian Parliament shall be decided by the Electoral Commission before dissolution of Parliament before the next General Election.

Section 3 Acts of the Northumbrian Parliament

  1. Subject to section 4, the Northumbrian Parliament may make laws, to be known as Acts of the Northumbrian Parliament.
  2. Proposed Acts of the Northumbrian Parliament shall be known as Bills; and a Bill shall become an Act of the Northumbrian Parliament when it has been passed by the Northumbrian Parliament and has received Royal Assent.
  3. This section does not affect the power of the Parliament of the United Kingdom to make laws for Northumbria.
  4. The Parliament of the United Kingdom shall not legislate with regards to devolved matters without the consent of the Northumbrian Parliament.
  5. The Parliament of the United Kingdom can not take away any competence given to the Northumbrian Parliament without the consent of the Northumbrian Parliament.
  6. The Northumbrian Parliament may legislate on reserved matters as defined in Schedule 1.

Section 4 Legislative Competence

  1. An Act of the Northumbrian Parliament is not law so far as any provision of the Act is outside the legislative competence of the Northumbrian Parliament.
  2. A provision is outside the competence so far as any of the following paragraphs apply—
    1. it would form part of the law of a country or territory other than Northumbria, or confer or remove functions exercisable otherwise than in or as regard to Northumbria,
    2. it is incompatible with any of the Convention rights or with EU law.

Section 5 Permanence of the Northumbrian Parliament and Northumbrian Government

  1. The Northumbrian Parliament and the Northumbrian Government are a permanent part of the United Kingdom’s constitutional arrangements.
  2. The purpose of this section is, with due regard to the other provisions of this Act, to signify the commitment of the Parliament and Government of the United Kingdom to the Northumbrian Parliament and the Northumbrian Government.
  3. In view of that commitment it is declared that the Northumbrian Parliament and the Northumbrian Government are not to be abolished.

Section 6 Members of the Northumbrian Parliament

  1. The term of office of a Member of the Northumbrian Parliament —
    1. begins when the Member of the Northumbrian Parliament is declared to be returned, and
    2. ends with the dissolution of the Northumbrian Parliament.
  2. A Member of the Northumbrian Parliament may at any time resign by giving notice in writing to the Presiding Officer.
  3. A person is disqualified from being a Member of the Northumbrian Parliament (but not from being a candidate to be a Member of the Northumbrian Parliament) if that person—
    1. is a member of the House of Commons,
    2. is a member of the House of Lords,
    3. is a member of the council of a county or county borough in Cornwall,
    4. is a member of the Scottish Parliament,
    5. is a member of the Welsh Parliament,
    6. is a member of the Northern Ireland Assembly,
    7. is a member of the European Parliament, or
    8. holds any of the offices for the time being designated by Order in Council as offices disqualifying persons from being Members of the Northumbrian Parliament,

Section 7 Presiding Officer etc.

  1. The Northumbrian Parliament must, at its first meeting following a general election, elect from among the Members of the Northumbrian Parliament —
    1. a presiding officer called the Presiding Officer (referred to in this Act as “the Presiding Officer”), and
    2. a deputy presiding officer called the Deputy Presiding Officer (referred to in this Act as “the Deputy Presiding Officer”)
  2. The person elected under paragraph (a) of subsection (1) is to be known as the Presiding Officer or by such other title as the standing orders may provide; and the person elected under paragraph (b) of that subsection is to be known as the Deputy Presiding Officer or by such other title as the standing orders may provide.
  3. The Presiding Officer holds office until the conclusion of the next election of a Presiding Officer under subsection (1).
  4. The Deputy Presiding Officer holds office until the Northumbrian Parliament is dissolved.
  5. But the Presiding Officer or Deputy Presiding Officer—
    1. may at any time resign,
    2. ceases to hold office on ceasing to be a Member of the Northumbrian Parliament otherwise than by reason of a dissolution, and
    3. may be removed from office by the Northumbrian Parliament.
  6. If the Presiding Officer or the Deputy Presiding Officer ceases to hold office under subsection (5) (or dies), the Northumbrian Parliament must elect a replacement from among the Members of the Northumbrian Parliament.
  7. Subject to subsection (9), the Presiding Officer and the Deputy Presiding Officer must not belong to—
    1. the same political group, or
    2. different political groups both of which are political groups with an executive role.
  8. For the purposes of this Act a political group is a political group with an executive role if the First Minister or one or more of the Northumbrian Ministers appointed under section 19 belong to it.
  9. The Northumbrian Parliament may resolve that subsection (7) is not to apply for so long as the resolution so provides; but if the motion for the resolution is passed on a vote it is of no effect unless at least two-thirds of the Members of the Northumbrian Parliament voting support it.
  10. The Presiding Officer’s functions may be exercised by the Deputy Presiding Officer if—
  11. the office of Presiding Officer is vacant, or
  12. the Presiding Officer is for any reason unable to act.
  13. The Presiding Officer may (subject to the standing orders) authorise the Deputy Presiding Officer to exercise functions of the Presiding Officer.
  14. The standing orders may include provision for the Presiding Officer’s functions to be exercisable by any person specified in, or determined in accordance with, the standing orders if—
  15. the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act, and
  16. the office of Deputy Presiding Officer is vacant or the Deputy Presiding Officer is for any reason unable to act.

Section 8 Clerk of the Northumbrian Parliament

  1. The Northumbrian Parliament Commission must appoint a person to be the Clerk of the Northumbrian Parliament (referred to in this Act as “the Clerk”).
  2. The person appointed under subsection (1) is to be known as the Clerk of the Northumbrian Parliament, Clerc an Northumbrian Parliament or by such other title as the standing orders may provide.
  3. The Clerk’s functions may be exercised by any other member of the staff of the Northumbrian Parliament (or person seconded to work at the Northumbrian Parliament) authorised by the Northumbrian Parliament Commission if—
    1. the office of Clerk is vacant, or
    2. the Clerk is for any reason unable to act.
  4. The Clerk may authorise any other member of the staff of the Northumbrian Parliament (or person seconded to work at the Northumbrian Parliament) to exercise functions on the Clerk’s behalf.

Section 9 The Northumbrian Parliament Commission

  1. There is to be a body corporate to be known as the Northumbrian Parliament Commission (referred to in this Act as “the Northumbrian Parliament Commission”).
  2. The members of the Northumbrian Parliament Commission are to be—
    1. the Presiding Officer, and
    2. four other Members of the Northumbrian Parliament.
  3. The standing orders must make provision for the appointment of the four other Members of the Northumbrian Parliament as members of the Northumbrian Parliament Commission.
  4. The provision included in the standing orders in compliance with subsection (3) must (so far as it is reasonably practicable to do so) secure that not more than one of the members of the Northumbrian Parliament Commission (other than the Presiding Officer) belongs to any one political group.
  5. The Northumbrian Parliament Commission must—
    1. provide to the Northumbrian Parliament, or
    2. ensure that the Northumbrian Parliament is provided with,
    the property, staff and services required for the Northumbrian Parliament’s purposes.
  6. The Northumbrian Parliament may give special or general directions to the Northumbrian Parliament Commission for the purpose of, or in connection with, the exercise of the Northumbrian Parliament Commission’s functions.
  7. Any property, rights or liabilities acquired or incurred in relation to matters to which the Northumbrian Parliament would otherwise be entitled or subject are to be treated for all purposes as property, rights or liabilities of the Northumbrian Parliament Commission.

Part 2 General Elections

Section 10 Ordinary General Elections

  1. The day on which the poll at the first ordinary general election for membership of the Northumbrian Parliament shall be held, and the day, time and place for the meeting of the Northumbrian Parliament following that poll, shall be appointed by order made by the Secretary of State.
  2. The poll at subsequent ordinary general elections shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary general election was held
  3. The poll shall not be held on the same date as the date of the poll at—
    1. a parliamentary general election, or
    2. a European parliamentary general election.

Section 11 Extraordinary General Elections

  1. The Presiding Officer shall propose a day for the holding of a poll, if the Northumbrian Parliament resolves that it should be dissolved and if the number of members voting in favour for such a resolution on a division is not less than two-thirds of the total number of seats for members of the Northumbrian Parliament.
  2. If a poll under this section is held less than six months before the day the next ordinary general election would be held, that ordinary election shall not be held.
  3. Subsection (2) does not affect the year of which the subsequent ordinary general election is to be held.

Section 12 Voting at General Elections

  1. Each person entitled to vote at a general election in a Northumbrian Parliament constituency has two votes.
  2. One (referred to in this Act as a “constituency vote”) is a vote which may be given for a candidate to be the Northumbrian Parliament constituency member for the Northumbrian Parliament constituency.
  3. The other (referred to in this Act as an “electoral region vote”) is a vote which may be given for—
    1. a registered political party which has submitted a list of candidates to be Northumbrian Parliament regional members for the Northumbrian Parliament electoral region in which the Northumbrian Parliament constituency is included, or
    2. an individual who is a candidate to be a Northumbrian Parliament regional member for that Northumbrian Parliament electoral region.
  4. The Northumbrian Parliament constituency member for the Northumbrian Parliament constituency is to be returned under the simple majority system.
  5. The Northumbrian Parliament regional members for the Northumbrian Parliament electoral region are to be returned under the additional member system of proportional representation provided for in this Part.
  6. In this Act “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

Section 13 Calculation and Allocation of seats to electoral region members

  1. The person who is to be returned as the Northumbrian Parliament constituency member for each Northumbrian Parliament constituency in the Northumbrian Parliament electoral region is to be determined before it is determined who are to be returned as the Northumbrian Parliament regional members for the Northumbrian Parliament electoral region.
  2. For each registered political party by which a list of candidates has been submitted for the Northumbrian Parliament electoral region—
    1. there is to be added together the number of electoral region votes given for the party in the Northumbrian Parliament constituencies included in the Northumbrian Parliament electoral region, and
    2. the number arrived at under paragraph (a) is then to be divided by the aggregate of one and the number of candidates of the party returned as Northumbrian Parliament constituency members for any of those Northumbrian Parliament constituencies.
  3. For each individual candidate to be a Northumbrian Parliament regional member for the Northumbrian Parliament electoral region there is to be added together the number of electoral region votes given for the candidate in the Northumbrian Parliament constituencies included in the Northumbrian Parliament electoral region.
  4. The number arrived at—
    1. in the case of a registered political party, under subsection (2)(b), or
    2. in the case of an individual candidate, under subsection (3),
    is referred to in this Act as the electoral region figure for that party or individual candidate.
  5. The first seat for the Northumbrian Parliament electoral region is to be allocated to the party or individual candidate with the highest electoral region figure.
  6. The second and subsequent seats for the Northumbrian Parliament electoral region are to be allocated to the party or individual candidate with the highest electoral region figure after any recalculation required by subsection (7) has been carried out.
  7. This subsection requires a recalculation under paragraph (b) of subsection (3) in relation to a party—
    1. for the first application of subsection (6), if the application of subsection (5) resulted in the allocation of a Northumbrian Parliament seat to the party, or
    2. for any subsequent application of subsection (6), if the previous application of that subsection did so,
    and a recalculation is to be carried out after adding one to the aggregate mentioned in that paragraph.
  8. An individual candidate already returned as an Northumbrian Parliament constituency member or Northumbrian Parliament regional member is to be disregarded.
  9. Seats for the Northumbrian Parliament electoral region which are allocated to a party are to be filled by the persons on the party’s list in the order in which they appear on the list (disregarding anyone already returned as a Northumbrian Parliament constituency member, including anyone whose return is void).
  10. Once a party’s list has been exhausted (by the return of persons included on it as Northumbrian Parliament constituency members or by the previous application of subsection (5) or (6)), the party is to be disregarded.
  11. If (on the application of subsection (5) or any application of subsection (6)) the highest electoral region figure is the electoral region figure of two or more parties or individual candidates, the subsection applies to each of them.
  12. However, if subsection (11) would mean that more than the full number of seats for the Northumbrian Parliament electoral region were allocated, subsection (5) or (6) does not apply until—
  13. a recalculation has been carried out under subsection (3)(b) after adding one to the number of votes given for each party with that electoral region figure, and
  14. one has been added to the number of votes given for each individual candidate with that electoral region figure.
  15. If, after that, the highest electoral region figure is still the electoral region figure of two or more parties or individual candidates, the regional returning officer must decide between them by lots.

Section 14 Electoral Region Vacancies

  1. This section applies if the seat of a Northumbrian Parliament regional member returned for a Northumbrian Parliament electoral region is vacant.
  2. If the Northumbrian Parliament regional member was returned (under section 13 or this section) from the list of a registered political party, the regional returning officer must notify the Presiding Officer the name of the person who is to fill the vacancy.
  3. A person’s name may only be so notified if the person—
    1. is included on the list submitted by the registered political party for the last general election,
    2. is willing to serve as a Northumbrian Parliament regional member for the Northumbrian Parliament electoral region, and
    3. is not a person to whom subsection (4) applies.
  4. This subsection applies to a person if—
    1. the person is not a member of the registered political party, and
    2. the registered political party gives notice to the regional returning officer that the person’s name is not to be notified to the Presiding Officer as the name of the person who is to fill the vacancy.
  5. But if there is more than one person who satisfies the conditions in subsection (3), the regional returning officer may only notify the name of whichever of them was the higher, or the highest, on that list.
  6. A person whose name is notified under subsection (2) is to be treated as having been declared to be returned as a Northumbrian Parliament regional member for the Northumbrian Parliament electoral region on the day on which notification of the person’s name is received by the Presiding Officer.
  7. The seat remains vacant until the next general election—
    1. if the Northumbrian Parliament regional member was returned as an individual candidate, or
    2. if that Northumbrian Parliament regional member was returned from the list of a registered political party but there is no-one who satisfies the conditions in subsection (3).
  8. For the purposes of this section, a person included on the list submitted by a registered political party for the last general election who—
    1. was returned as a Member of the Northumbrian Parliament at that election (even if the return was void), or
    2. has subsequently been returned under section 13 or this section (even if the return was void),
    is treated on and after the return of the person, as not having been included on the list.

Section 15 Constituency Vacancies

  1. This section applies if the seat of a Northumbrian Parliament constituency member returned for a Northumbrian Parliament constituency is vacant.
  2. Subject to subsection (7), an election must be held in the Northumbrian Parliament constituency to fill the vacancy.
  3. At the election, each person entitled to vote only has a constituency vote; and the Northumbrian Parliament constituency member for the Northumbrian Parliament constituency is to be returned under the simple majority system.
  4. The date of the poll at the election must be fixed by the Presiding Officer.
  5. The date must fall within the period of three months beginning with the occurrence of the vacancy.
  6. But if the vacancy does not come to the Presiding Officer’s notice within the period of one month beginning with its occurrence, the date must fall within the period of three months beginning when it does come to the Presiding Officer’s notice.
  7. The election must not be held if it appears to the Presiding Officer that the latest date which may be fixed for the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held.
  8. The standing orders must make provision for determining the date on which a vacancy occurs for the purposes of this section.
  9. A person may not be a candidate in an election to fill a vacancy if the person is—
    1. a Member of the Northumbrian Parliament, or
    2. a candidate in another such election.

Section 16 Entitlement to Vote

  1. The persons entitled to vote at an election of Members of the Northumbrian Parliament (or of a Member of the Northumbrian Parliament) in a Northumbrian Parliament constituency are those who on the day of the poll—
    1. would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the Northumbrian Parliament constituency or fall within the extended franchise for Northumbrian Parliament elections as described in this section, and
    2. are registered in the register of local government electors at an address within the Northumbrian Parliament constituency.
  2. A person falls within the extended franchise for Northumbrian Parliament elections if the person—
    1. has attained the age of 16, but not the age of 18, and
    2. would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Northumbrian Parliament constituency.
  3. A person falls within the extended franchise for Northumbrian Parliament elections if the person—
    1. is a qualifying foreign citizen (within the meaning given by section 203(1) of the Representation of the People Act 1983 (c. 2)), and
    2. would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Northumbrian Parliament constituency.
  4. But a person is not entitled as an elector—
    1. to cast more than one constituency vote, or more than one electoral region vote, in the same Northumbrian Parliament constituency at any general election,
    2. to vote in more than one Northumbrian Parliament constituency at any general election, or
    3. to cast more than one vote in any election held under section 12.

Part 3 The Northumbrian Government

Section 17 The Northumbrian Government

  1. There is to be a Northumbrian Government, whose members are—
    1. the First Minister,
    2. the Northumbrian Ministers, and
    3. the Deputy Northumbrian Ministers.
  2. In this Act and in any other enactment or instrument the First Minister and the Northumbrian are referred to collectively as the Northumbrian Ministers.

Section 18 The First Minister

  1. The First Minister is to be appointed by Her Majesty after nomination in accordance with section 19.
  2. The First Minister holds the office at Her Majesty’s pleasure.
  3. The First Minister may at any time tender resignation to Her Majesty and ceases to hold office as First Minister when it is accepted.
  4. A person ceases to hold office First Minister if another person is appointed to that office.

Section 19 Choice of First Minister

  1. If one of the following events occurs, the Northumbrian Parliament must, before the end of the relevant period, nominate a member of the Northumbrian Parliament for appointment as First Minister.
  2. The events are—
    1. the holding of a poll at a general election,
    2. the Northumbrian Parliament resolving that the Northumbrian Ministers no longer enjoy the confidence of the Northumbrian Parliament,
    3. the First Minister tendering resignation to her Majesty, and
    4. the First Minister dying or becoming permanently unable to act and to tender resignation.
  3. The Presiding Officer must recommend to Her Majesty the appointment of the person nominated by the Northumbrian Parliament under subsection (1).

Section 20 Northumbrian Ministers

  1. The First Minister may, with approval of Her Majesty, appoint Northumbrian Ministers from among the members of the Northumbrian Parliament.
  2. A Northumbrian Minister appointed under this section holds office at Her Majesty’s pleasure.
  3. A Northumbrian Minister appointed under this section may be removed from office by the First Minister.
  4. A Northumbrian Minister appointed under this section may at any time resign.
  5. A Northumbrian Minister appointed under this section must resign if the Northumbrian Parliament resolves that the Northumbrian ministers no longer enjoy the confidence of the Northumbrian Parliament.
  6. A Northumbrian Minister appointed under this section who resign ceases to hold office immediately.
  7. This section applies to Deputy Northumbrian Ministers as well.

Section 21 Staff

  1. The Northumbrian Minister may appoint persons to be members of the staff of the Northumbrian Government.
  2. Service as a member of staff of the Northumbrian Government is service in the civil service of the State.
  3. The Northumbrian Ministers are to pay salaries and expenses of the member of staff of the Northumbrian Government.

Section 21a Remuneration

  1. Provisions must be made for the payment of salaries, pensions, gratitudes, allowances to any person to whom this section applies.
  2. This section applies to—
    1. the First Minister,
    2. every Northumbrian Minister appointed under section 20,
    3. every Deputy Northumbrian Minister, and
    4. every member of staff of the Northumbrian Government.

Section 22 Executive Ministerial Functions

  1. Executive ministerial functions, so far as exercisable within devolved competence, are exercisable by the Northumbrian Ministers.
  2. Executive ministerial functions that are ancillary to a function of the Northumbrian Ministers exercised outside devolved competence are also exercisable by the Northumbrian Ministers.
  3. Functions exercisable by the Northumbrian Ministers under subsection (1) or (2) are not exercisable by a Minister of the Crown unless they are functions to which subsection (4) applies. If they are functions to which subsection (4) applies, they are exercisable by the Northumbrian Ministers concurrently with any relevant Minister of the Crown.
  4. This subsection applies to—
    1. functions ancillary to a function of the Northumbrian Ministers that is exercisable concurrently or jointly with a Minister of the Crown;
    2. functions ancillary to a function of a Minister of the Crown;
    3. functions that are not ancillary to another function;
    4. functions in relation to observing and implementing obligations under EU law.
  5. The Northumbrian Ministers, the First Minister and the Counsel General may make appropriate representations about any matter affecting Northumbria.

Section 23 Royal Assent

  1. It is for the Presiding Officer to submit Bills for Royal Assent.
  2. The Presiding Officer may not submit a Bill in its unamended form for Royal Assent if the Supreme Court has decided any provision of it would not be within the Northumbrian Parliament’s legislative competence.
  3. A Bill receives Royal Assent when Letters Patent under the Northumbrian Seal signed with Her Majesty’s own hand signifying Her Assent are notified to the Clerk.
  4. The Keeper of the Northumbrian Seal (see section 24(2)) must make arrangements to send the Letters Patent to the Kresen Kernow.
  5. The date of Royal Assent is to be written on the Act of the Northumbrian Parliament by the Clerk, and forms part of the Act.
  6. On the copy of the Act of the Northumbrian Parliament on which the Clerk writes the date of Royal Assent the Clerk must write—
    1. the calendar year, and
    2. any prefix and number which has been assigned to that Act of the Northumbrian Parliament.

Section 24 Northumbrian Seal

  1. There is to be a Northumbrian Seal.
  2. The First Minister is to be the Keeper of the Northumbrian Seal.
  3. Her Majesty may by Order in Council make provision as to—
    1. the form and manner of preparation, and
    2. the publication,
    of Letters Patent signed with Her Majesty’s own hand signifying Her Assent to a Bill passed by the Northumbrian Parliament and all royal proclamations which have passed under the Northumbrian Seal.
  4. A statutory instrument containing an Order in Council under subsection (3) is subject to annulment in pursuance of a resolution of the Northumbrian Parliament.

Part 4 Taxation

Section 25 Introductory

  1. This section applies where an Act of the Northumbrian Parliament establishes a body that is to be responsible for the collection and management of devolved taxes.
  2. Her Majesty may by Order in Council amend this Part so as to—
    1. specify, as an additional devolved tax, a tax of any description, or
    2. make any other modifications of the provisions relating to devolved taxes which She considers appropriate.
  3. No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order has been laid before, and approved by a resolution of, each House of Parliament of the United Kingdom and the Northumbrian Parliament.

Section 26 Income Tax

  1. The Northumbrian Parliament may by resolution resolve an additional tax rate to be charged on the income of Northumbrian taxpayers.
  2. For any tax year, a Northumbrian taxpayer is an individual who—
    1. spends more days of that year in Northumbria than any other part of the UK,
    2. is a member of the Northumbrian Parliament,
    3. is a member of the European Parliament for Northumbria,
    4. or is a member of the Parliament of the United Kingdom for a constituency in Northumbria.

Part 5 Short Title, Commencement and Extent

Section 27 Extent

This act applies to Great Britain and Northern Ireland.

Section 28 Short Title

This act may be cited as the Northumbria Act 2021.

Section 29 Commencement

This act comes into force upon royal assent

Schedule 1 Reserved matters

  1. The matters to which any of the Parts of this Schedule apply are reserved matters for the purposes of this Act.

Part 1 General Reservations

The Constitution

  1. The following aspects of the constitution are reserved matters, that is—
    1. the Crown, including succession to the Crown and a regency,
    2. the Parliament of the United Kingdom.

Foreign affairs etc.

  1. International relations, including relations with territories outside the United Kingdom, the European Union, and other international organisations, and regulation of international trade are reserved matters.

Public service

  1. The Civil Service of the State is a reserved matter.

Defence

  1. The following are reserved matters—
    1. the defence of the realm,
    2. the naval, military, or air forces of the Crown, including reserve forces,
    3. visiting forces,
    4. international headquarters and defence organisations,
    5. trading with the enemy and enemy property.

Treason

  1. Treason (including constructive reason), treason felony, and misprision of treason are reserved matters.

Part 2 Specific Reservations

Financial and Economic Matters

  1. Fiscal, economic, and monetary policy, including the issue and circulation of money, taxes except devolved taxes, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.
  2. Coinage, legal tender, and bank notes.
  3. Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.
  4. The subject-matter of the Money Laundering Regulations 1993, but in relation to any type of business.

Home Affairs

  1. The subject-matter of the Misuse of Drugs Act 1971
  2. The subject-matter of the Data Protection Act 1998
  3. Elections for membership of the House of Commons and the European Parliament.
  4. The subject-matter of the Firearms Acts 1968 to 1997.
  5. Nationality; immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents.
  6. The subject matter of the Animals (Scientific Procedures) Act 1986.
  7. National security.
  8. The subject-matter of the Official Secrets Act 1911 and 1920.
  9. Emergency powers.
  10. Extradition.
  11. The subject matter of the Lieutenancies Act 1997

Trade and Industry

  1. Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.
  2. Intellectual property.
  3. The subject-matter of the Import, Export and Customs Powers (Defence) Act 1939.
  4. Regulation of sea fishing outside the Northumbrian zone (except in relation to Northumbrian fishing boats).
  5. Units and standards of weight and measurement.
  6. The subject-matter of Part II of the Wireless Telegraphy Act 1949 (electromagnetic disturbance).

Energy

  1. Generation, transmission, distribution and supply of electricity.
  2. The subject-matter of Part I of the Environmental Protection Act 1990.
  3. Coal, including its ownership and exploitation, deep and opencast coal mining and coal mining subsidence.

Transport

  1. The subject matter of—
  2. Part I of the Environmental Protection Act 1990, and
  3. the Radioactive Substances Act 1993.
  4. The subject-matter of the Energy Act 1976, other than section 9.
  5. The subject-matter of—
  6. the Motor Vehicles (International Circulation) Act 1952,
  7. the Public Passenger Vehicles Act 1981 and the Transport Act 1985, so far as relating to public service vehicle operator licensing,
  8. the Vehicle Excise and Registration Act 1994,
  9. the Road Traffic (New Drivers) Act 1995, and
  10. the Goods Vehicles (Licensing of Operators) Act 1995.
  11. Transport of radioactive material.

Rail Transport

  1. Provision and regulation of railway services
  2. Rail transport security
  3. The subject-matter of the Channel Tunnel Act 1987.
  4. The subject-matter of the Railway Heritage Act 1996.

Air Transport

  1. Regulation of aviation and air transport, including the subject-matter of—
  2. the Carriage by Air Act 1961,
  3. the Carriage by Air (Supplementary Provisions) Act 1962,
  4. the Carriage by Air and Road Act 1979 so far as relating to carriage by air,
  5. the Civil Aviation Act 1982,
  6. the Aviation Security Act 1982,
  7. the Airports Act 1986, and
  8. sections 1 (endangering safety at aerodromes) and 48 (powers in relation to certain aircraft) of the Aviation and Maritime Security Act 1990,

Social Security

  1. The subject-matter of the Child Support Acts 1991 and 1995.
  2. Schemes for the payment of pensions for or in respect of persons who have a disablement or have died in consequence of service as members of the armed forces of the Crown.
  3. The subject-matter of any scheme under the Personal Injuries (Emergency Provisions) Act 1939, sections 3 to 5 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or section 1 of the Polish Resettlement Act 1947.

Employment

  1. The subject-matter of Part I of the Health and Safety at Work etc. Act 1974
  2. The subject-matter of the Disabled Persons (Employment) Act 1944
  3. The subject-matter of the Employment and Training Act 1973, except so far as relating to training for employment.

Health and Medicines

  1. Regulation of the health professions.
  2. Abortion.
  3. Surrogacy arrangements, within the meaning of the Surrogacy Arrangements Act 1985, including the subject-matter of that Act.
  4. The subject-matter of the Human Fertilisation and Embryology Act 1990.
  5. Human genetics
  6. Xenotransplantation.
  7. The subject-matter of the Medicines Act 1968.
  8. The subject-matter of the Poisons Act 1972.
  9. The subject-matter of the Biological Standards Act 1975

Health and safety

  1. The subject-matter of Part 1 of the Health and Safety at Work etc. Act 1974.
  2. The Health and Safety Executive and the Employment Medical Advisory Service.
  3. Protection of the public from radiation.

Miscellaneous

  1. Equal opportunities.
  2. Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
  3. Timescales, time zones and the subject-matter of the Summer Time Act 1972.
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