What are reserved and devolved powers in the UK?

Many decisions about how the UK is run are made at the UK Parliament in Westminster.

The UK also has a number of devolved assemblies and parliaments with decision-making powers transferred from the UK Parliament:

• Scottish Parliament
• National Assembly for Wales
• Northern Ireland Assembly
• London Assembly.

Decisions about how Scotland is run made by the UK Parliament relate to reserved matters - areas that affect the whole UK and international relations and include:

• defence
• foreign affairs
• immigration

Decisions made by the Scottish Parliament relate to devolved matters - areas that affect Scotland only and 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.

Keep going to learn about:

• The UK's devolved assemblies and parliaments
• What powers are devolved to the Scottish Parliament?
• What powers are reserved to the UK Parliament?
• How are disagreements about reserved and devolved powers addressed?

Then test how much you have learned.

Aside from the parliament at Westminster, the UK also has a number of devolved assemblies and parliaments with a host of powers transferred from the UK parliament.

The 1997 Scottish Devolution Referendum returned a yes vote for the re-establishment of a Scottish Parliament.

When the new parliament convened in 1999, it was the first in Scotland since the signing of the Act of Union in 1707.

As in Scotland, the Welsh Devolution Referendum in 1997 returned a vote for a Welsh assembly.

A further referendum in 2011 voted for increased law-making powers to be transferred from the UK Parliament.

In 2020 the National Assembly for Wales officially becomes the Senedd Cymru or Welsh Parliament, to reflect its full law-making powers and ability to vary taxes.

Northern Ireland has had a complicated history when it comes to running its own affairs. Home Rule came in 1921 before the parliament ended in 1972 during The Troubles.

Over the years there were several failed attempts at restoring a devolved parliament before the 1998 Good Friday Agreement saw the creation of a new Northern Ireland Assembly.

The London Assembly is a body of 25 members elected by proportional representation to hold the London Mayor and the Mayor's advisors to account. They can also scrutinise public policy and financial budgets in the capital.

The Assembly can carry out investigations into issues that affect people in London including transport, policing, housing, health and the environment.

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

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

However, the UK Parliament still takes decisions for Scotland in some areas. The Scottish Government is given an annual budget and has the power to make laws on a range of 'devolved' issues. The budget for 2022 to 2023 was set at £56.5 billion.

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)

Decisions about how the UK as a whole is run are made at the UK Parliament in Westminster.

The UK also has a number of devolved assemblies and parliaments:

• Scottish Parliament
• National Assembly for Wales
• Northern Ireland Assembly
• London Assembly

For Scotland, decisions about reserved matters are made at the UK Parliament as they affect the whole UK and international relations

Reserved matters include:

• defence
• foreign affairs
• 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.