Part 1: Constitutional Arrangements Chapter 3: Legislative competence Schedule 1: New Schedule 7A to the Government of Wales Act 2006 PART 2 – SPECIFIC RESERVATIONS
Paragraph 12 explains that the matters listed in Part 2 of Schedule 7A are, like those listed in Part 1 of Schedule 7A, reserved matters.
	Paragraph 13 provides that the reservations are to be read together with their exceptions and interpretation provisions.
	Paragraph 14 provides that the exceptions and interpretation provisions that are listed within reservations apply only to those reservations. In other words, exceptions and interpretations do not apply to other reserved matters.
	Head A - Financial and Economic Matters
	Section A1 - Fiscal, economic and monetary policy
	Paragraph 15 reserves fiscal, economic and monetary policy, with the exception of devolved taxes and local taxes.
	The reserved matters include the issue and circulation of money, taxes and excise duties including vehicle excise duty (and the bodies which administer them), government borrowing and lending (including the issue of Government Securities), the exchange rate, the Bank of England and control over UK public expenditure.  This does not affect the Assembly’s ability to allocate resources, whether part of its assigned budget or raised through its tax-varying powers. By reserving the Bank of England by name in Part 2 of Schedule 7A, paragraph 199 of Schedule 7A (‘particular authorities’) applies and reserves the functions and constitution of the Bank.
	Devolved taxes are therefore excepted from this reservation, along with local taxes to fund local authority expenditure. In addition paragraph 199 specifically excepts council tax precepts.
	Section A2 - The currency
	Paragraph 16 reserves matters relating to the currency.
	The matters reserved are coinage, legal tender and bank notes.  This includes the denominations of money in the currency and the coins or notes which constitute legal tender and what coins and bank notes may be issued
	Section A3 - Financial services
	Paragraph 17 reserves financial services. The reservation expressly includes:
investment business, e.g. managing investments or providing investment advice and the authorisation and regulation of those who undertake such activities, as in the Financial Services Act 1986;
banking and deposit-taking e.g. the authorisation and regulation of those carrying on banking or deposit-taking business, as in the Banking Act 1987;
collective investment schemes e.g. unit trusts and open-ended investment companies and their regulation and authorisation, as in the Financial Services Act 1986; and
insurance.
	The expression "financial services" also includes financial services other than those expressly mentioned, such as the services provided by building societies or friendly societies.
	This reservation contributes to the preservation of common markets for financial services, and depositor, investor and policyholder protection, across the UK.
	Section A4 - Financial markets
	Paragraph 18 reserves financial markets, such as investment exchanges or money markets. The reserved matters are expressly stated to include:
the listing and public offers of securities and investments, such as the matters which have to be disclosed in the application for official or unofficial listing of securities by the Stock Exchange;
the transfer of securities e.g. on paper in the case of certificated securities or electronically in the case of uncertificated securities, as in the CREST system; and
insider dealing. This reserves all matters relating to what constitutes insider dealing and its consequences.
	Section A5 - Dormant accounts
	Paragraph 19reserves the distribution of money from dormant bank and building society accounts.
	The distribution of balances held on dormant bank and building society accounts is governed by the Dormant Bank and Building Society Accounts Act 2008 ("Dormant Accounts Act").
	Part 1 of the Dormant Accounts Act deals with the transfer of such balances to an authorised reclaim fund and, from the authorised reclaim fund, to the distributor specified in section 16(1), which is currently the Big Lottery Fund (BLF).
	Part 2 of the Dormant Accounts Act deals with the distribution of dormant account money by BLF. Section 16(1) specifies that BLF shall distribute dormant account money for meeting expenditure that has a social or environmental purpose. The apportionment of dormant account money between the various UK nations is addressed by section 17 and in secondary legislation (currently, the Distribution of Dormant Account Money (Apportionment) Order 2011, SI 2011/1799). Management and control of all dormant account money distributed by BLF is subject to directions addressed by section 22(4).
	This reservation does not affect the existing devolution of executive competence to Welsh Ministers, who have powers: to further restrict (by order made by statutory instrument) the purposes for which, or the kinds of person to which, BLF may distribute dormant account money for meeting Welsh expenditure (see section 19 of the Dormant Accounts Act); to give directions to BLF in relation to Welsh expenditure (section 22); to require the BLF to pay expenses incurred by them in relation to the Act (section 26); and to instruct BLF to prepare or replace a strategic plan for its distribution of dormant accounts money for meeting Welsh expenditure (Schedule 3).
	Head B - Home Affairs
	Section B1 - Elections
	Subsection (A) of this Section (paragraph 20) reserves all matters concerning elections for membership of the House of Commons and the European Parliament, which includes who may stand or vote in those elections, procedures under which votes are counted and candidates returned, what the constituencies and timings of those elections should be, campaign expenditure by political parties, controlled expenditure and donations to third parties.
	Subsection (B) (paragraphs 21 to 27) reserves certain matters in relation to elections for membership of the Assembly and local government elections in Wales.
	Paragraph 21 reserves the subject-matter of sections 3(1A) and 13A of GoWA which concern the coincidence of Assembly elections and reserved elections.
	Paragraph 22 reserves the subject-matter of section 37ZA(2) of the Representation of the People Act 1983 which concerns the coincidence of local government elections in Wales and Assembly elections.
	Paragraph 23 reserves:
the combination of polls at elections or referendums that are outside the legislative competence of the Assembly with polls at (i) Assembly elections, (ii) local government elections in Wales or (iii) referendums held under Part 2 of the Local Government Act 2000; and;
the combination of polls at ordinary Assembly elections with polls at ordinary local government elections in Wales.
	The reservation at paragraph 24 provides that the Individual Electoral Registration Digital Service for applications for registration, or for verifying information contained in applications for registration in relation to elections for membership of the Assembly or local government elections in Wales, is reserved.
	Paragraph 25 of the reservation sets out the subject-matter of those provisions in the Political Parties, Elections and Referendums Act 2000 ("the 2000 Act") which are reserved in relation to elections for the membership of the Assembly and local government elections in Wales. In particular, the subject matter of sections 1 to 4 of the 2000 Act, which relate to the establishment and constitution of the Electoral Commission are reserved (with some exceptions); however, many of the Electoral Commission’s general functions and enforcement functions under Parts 1 and 10 of the 2000 Act are not reserved in relation to elections for membership of the Assembly and local government elections.
	Paragraph 26 reserves campaign expenditure by political parties, controlled expenditure and donations to third parties, but only where a regulated period in respect of such expenditure for elections to the Assembly or local government elections in Wales overlaps with the regulated period for elections for membership of the House of Commons or European Parliament.
	Sections 145 to 148 and 150 to 154 of the 2000 Act make provision for the enforcement of the regulatory framework provided by that Act. This includes various powers exercisable by the Electoral Commission to investigate matters and, where appropriate, to impose civil sanctions. These sections also create a number of criminal offences. Paragraph 27 reserves the subject matter of these sections as they apply for the purposes of any provision, so far as the subject matter of such a provision is itself reserved by either paragraph 25 or 26 of Section B1.
	Section B2 - Nationality and immigration
	This section reserves nationality and immigration.
	Nationality and immigration covers a range of matters, including: entry to the UK; extending leave to remain in the UK, the granting of political or other forms of asylum and humanitarian protection; the status and capacity in the UK of non-British citizens, the grant and regulation of permission to work and study; free movement of persons within the European Economic Area; and the issue of passports and other travel documents.
	Nationality and immigration are governed by statute, namely the Immigration Act 1971, British Nationality Act 1981, Immigration Act 1988, Asylum and Immigration Appeals Act 1993 (substantially repealed), Special Immigration Appeals Commission Act 1997, Immigration and Asylum Act 1999, British Overseas Territories Act 2002, Nationality, Immigration and Asylum Act 2002, Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, Immigration, Asylum and Nationality Act 2006, UK Borders Act 2007, Criminal Justice and Immigration Act 2008, Borders, Citizenship and Immigration Act 2009 and Immigration Act 2014 as well as the Immigration Rules (HC 395 as amended) and secondary legislation made pursuant to the powers in the aforementioned legislation.
	Passports and other travel documents are not subject to statutory provision, but are issued under the Royal Prerogative. No prerogative powers have been conferred on Welsh Ministers.
	The reservation includes the exercise of functions under the legislation described above; 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; and the issue of travel documents.
	Section B3 - National security and official secrets
	Paragraph 32 reserves national security. National security powers are integral to the functioning of the United Kingdom.
	Paragraph 33 reserves special powers and other special provisions for dealing with terrorism. This reserves competence to make special provision about terrorism such as is made in the Terrorism Act 2000, the Terrorism Act 2006, the Counter-Terrorism Act 2008, the Terrorism Prevention and Investigation Measures Act 2011 or the Counter-Terrorism and Security Act 2015. The reservation does not catch general provisions of the criminal law or public order statutes which, although not directed against terrorists as such, could be used to deal with terrorists.
	Paragraph 34 reserves the subject matter of the Official Secrets Acts 1911-1989, which contain provision protecting against certain acts of espionage and against unauthorised disclosure of certain sensitive information.
	Section B4 - Interception of communications, communications data and surveillance
	This reservation applies to the entire statutory framework which governs these activities. This includes the ability to specify that particular public authorities should be able to conduct these activities. The oversight regime and statutory safeguards which apply to these activities are also wholly reserved. These are some of the most intrusive activities which public authorities can undertake.
	Section B5 - Crime, public order and policing
	Paragraphs 39-41 reserve the prevention, detection and investigation of crime. It also reserves the preservation of public order and policing.
	Paragraph 42 makes Police and Crime Commissioners in general a reserved matter, including their functions and their election. Police and Crime Commissioners receive funding through council tax precepts. Paragraph 199 provides that council tax precepts are not reserved. Paragraph 199 makes clear that the Assembly has competence in relation to council tax policy.
	Although the prevention, detection and investigation of crime and policing are reserved - such that the Assembly cannot confer, impose, modify or remove functions on/of the police - the reservations under this section do not prevent the Assembly from conferring on a devolved Welsh Authority powers relating to the detection and investigation of an offence of a kind that could be created by a provision falling within the Assembly’s legislative competence.
	Section B6 - Anti-social behaviour
	Paragraph 43 reserves the subject matter of Parts 1 to 4 and 6 of the Anti-social Behaviour, Crime and Policing Act 2014, which sets out coercive and other measures to deal with anti-social behaviour, crime and disorder and behaviour having detrimental effect on the quality of life in a locality. Part 5, which makes provision for the recovery of dwelling houses on grounds of anti-social behaviour, is not reserved as such matters are within the legislative competence of the Assembly.
	Part 1 makes provision for a civil injunction to prevent anti-social behaviour. Part 2 makes provision for an order on conviction to prevent behaviour which causes harassment, alarm or distress. Part 3 contains a power for the police to disperse people who are causing, or likely to cause, harassment, alarm or distress or who are, or are likely to be, taking part in crime or disorder. Part 4 sets out powers to deal with community protection and makes provision for a community protection notice, a public spaces protection order and provisions to close premises associated with nuisance or disorder.. Part 6 contains provisions on establishing a community remedy document and dealing with responses to complaints of anti-social behaviour.
	Paragraph 44 reserves matters in relation to dangerous dogs and dogs dangerously out of control as matters concerning anti-social behavior also reserved. This is consistent with the reserving generally of the maintenance of public order but does not affect the devolved subject matter of animal welfare.
	Section B7 - Modern slavery
	Paragraph 45 reserves the subject-matter of the Modern Slavery Act 2015. The Act sets out the UK Government’s legislative response to the problem of modern slavery. Its provisions include criminal offences, law enforcement powers and protections for victims which are crucial to ensuring an effective response to this serious crime.
	Section B8 - Prostitution
	Paragraph 46 reserves matters in relation to prostitution.
	This covers the prevention of harm, exploitation and public nuisance related to the purchase and sale of sexual services, including the control of the sale of sexual services.
	The legislative framework in relation to prostitution is principally covered by the Sexual Offences Act 1956 (brothel keeping), Sexual Offences Act 2003 (soliciting, controlling prostitution for gain and causing or inciting prostitution for gain, and paying for the sexual services of a prostitute subject to force, threats or coercion), Street Offences Act 1959 (loitering or soliciting and Engagement and Support Orders).
	Section B9 - Emergency powers
	Paragraph 47 reserves emergency powers. This covers the circumstances in which such powers are exercised, what the powers are, including their limitations, and ancillary provision.
	Emergency powers include sector-specific provisions, and the generic emergency powers set out in Part 2 of the Civil Contingencies Act 2004 (CCA). Emergency powers are not taken to include the powers which emergency service workers such as paramedics and firefighters routinely exercise in carrying out their ordinary day-to-day duties. Part 2 of the CCA provides a power to make emergency regulations in order to respond urgently to actual or imminent emergencies which threaten serious damage to human welfare, the environment, or the security of the UK through war or terrorism, and where existing legislative provision is inadequate.
	Emergency regulations may make provision of any kind that is necessary to prevent or deal with the emergency in question; however they must be proportionate to the aspect or effect of the emergency they are directed at. Other limitations also apply.
	Emergency regulations which relate wholly or partly to Wales may not be made unless a senior Minister of the Crown has consulted Welsh Ministers. However this requirement may be disapplied if necessary for reasons of urgency.
	Section B10 - Extradition
	Paragraph 48 reserves extradition. The Extradition Act 2003 makes legislative provision for extradition. Extradition is the process under which a person may be surrendered by one territory to another, so as to face prosecution for an alleged crime or, where a person has been convicted of a crime, to serve a sentence or other form of detention imposed by a court.
	Section B11 - Rehabilitation of offenders
	Paragraph 49 reserves the subject matter of the Rehabilitation of Offenders Act 1974 (ROA) which governs the disclosure of criminal records information for employment and for certain other purposes such as licensing, and court and tribunal proceedings.  The legislation determines when cautions and convictions may become ‘spent’ meaning that they no longer have to be disclosed for most purposes and the individual is treated as rehabilitated for the purpose of the ROA.  The Exceptions Order to the ROA lists those sensitive occupations and activities where certain spent cautions and convictions may be disclosed and taken into account and specifies which old and minor spent cautions and convictions may be protected from disclosure for these purposes.
	The rehabilitation periods relating to convictions, and the policy on protected spent cautions and convictions, are based on the sentence imposed.  The sentencing framework is a reserved matter and therefore the ROA must also be reserved as the two must be aligned as between England and Wales.
	Section B12 - Criminal records
	Paragraph 50 reserves criminal records, including the disclosure and barring regime, which is operated by the Disclosure and Barring Service (DBS).
	The DBS was established by the Protection of Freedoms Act 2012. The DBS operates a barring service for certain sensitive areas of employment and also provides criminal records disclosures.
	The legislative regime for criminal disclosure and barring is provided by a number of statutes:
	- Rehabilitation of Offenders Act 1974
	- Safeguarding Vulnerable Groups Act 2006
	- Protection of Freedoms Act 2012
	- The Police Act 1997
	The Police Act 1997 provides for the provision of criminal records certificates and the framework within which the DBS works. There is a very close interaction between the Police Act 1997 and the ROA and associated regulations. The provisions of, and made under, the ROA, the foundations of the DBS regime, are a reserved matter.
	However, other aspects of the legislation underpinning the disclosure and barring regime can be affected, or touched on, by devolved matters.
	Section 56 of the Safeguarding Vulnerable Groups Act 2006 requires the Secretary of State to obtain the consent of the Welsh Ministers before making certain secondary legislation relating to barring and notification; there is also a duty to consult with the Welsh Ministers on legislation regarding other aspects of regulated activity, barring etc.
	Additionally, Schedule 7 to GoWA (which is replaced by virtue of section 3) provided that the provision of social care is devolved. Given the role of safeguarding and barring in social care this means that there is inevitably a cross over with aspects of the work of the DBS.
	A similar situation applies in the context of education. Under the Education Act 2002 local authorities and school governing bodies have a general duty to promote the welfare of children and make safeguarding arrangements – that duty is devolved. The regulation and inspection of children's homes and social care providers for children is also devolved.
	Section B13 - Dangerous items
	Paragraph 51 reserves the subject-matter of the Firearms Acts 1968 to 1997.
	These Acts are the Firearms Act 1968, the Firearms Act 1982, the Firearms (Amendment) Act 1988, the Firearms (Amendment) Act 1992, the Firearms (Amendment) Act 1997 and the Firearms (Amendment) (No 2) Act 1997.
	These Acts, amongst other things :
	-make it a criminal offence in certain circumstances and without authority to possess, handle, purchase, acquire, sell, distribute or transfer certain firearms;
	-provide for the need for, and issue of, certificates in relation to firearms, shotguns and ammunition;
	-make provision for the regulation of firearms dealers; and
	- provide for the licensing and regulation of target shooting clubs.
	The Acts distinguish between different types of firearms in certain respects and make different provision for different types.
	Paragraph 52 reserves the subject matter of the Poisons Act 1972 which makes provisions for the sale and supply of certain poisons and explosives precursors to members of the public and the acquisition, importation, use and possession of poisons and explosives precursors by members of the public. The Act also makes provision for reporting of suspicious transactions of poisons and explosives precursors.
	Section B5 reserves the prevention, detection and investigation of crime. Paragraph 53 in Section B13 prevents the Assembly from legislating in respect of knives and offensive weapons that are also knives (for instance, a bayonet) in matters that are not caught by section B5. For instance, it will prevent the Assembly from implementing a licensing regime for knives and for offensive weapons that are also knives.
	Section B14 - Misuse of and dealing in drugs or psychoactive substances
	Paragraph 54 reserves the legal framework concerning the misuse or dealing in drugs or psychoactive substances.
	This covers drugs or psychoactive substances as defined respectively in the Misuse of Drugs Act 1971 ("controlled drugs" which includes drugs subject to a temporary class drug order) and the Psychoactive Substances Act 2016 (any substance which is: ‘capable of producing a psychoactive effect in a person who consumes it’ subject to a list of exempted substances in Schedule 1).
	The law on the misuse of drugs and drug trafficking is principally set out in the Misuse of Drugs Act 1971 and its subordinate legislation as well as sections 12-14 of the Criminal Justice (International Co-operation) Act 1990 (substances useful for manufacture of controlled drugs).
	The Psychoactive Substances Act 2016 outlaws the trade (i.e. production, importation/exportation, supply and possession with intent to supply) for the purposes of human consumption of psychoactive substances (as defined in the Act). There is no possession offence except in a custodial institution. The production etc. of these substances for any other purpose is not caught. Exempt substances include controlled drugs under the Misuse of Drugs Act 1971; medicinal products as defined by the Human Medicines Regulations 2010; alcohol, nicotine/tobacco, caffeine and food (i.e. substances that are already regulated through existing legislation or because their psychoactive effect is negligible).
	Precursor legislation is set out in Regulation (EC) No. 273/2004 and Regulation (EC) No.111/2005 enacted by Controlled Drugs (Drug Precursors) (Intra-Community Trade Regulations) 2008 (SI 2008 No.295) and Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008 (SI 2008 No.296).
	Section B15 - Private security
	Paragraph 55 reserves Private Security. This covers the regulatory regime for private security, which is currently regulated by the Security Industry Authority (SIA). The SIA was established by the Private Security Industry Act 2012. The SIA’s main functions are to provide licensing and approvals for certain areas of the security industry. It also acts in an enforcement role.
	Section B16 - Entertainment and late night refreshment
	Paragraph 56 reserves powers to make provisions for regulating the classification of film and video recordings (including video games). This includes the age rating certification of film, video recordings and video games. Paragraph 57reserves entertainment and late night refreshment, which are regulated by the Licensing Act 2003. This includes entertainment licensing, ensuring that there is a coherent regulatory framework throughout England and Wales.
	Late night refreshment is defined in the Licensing Act 2003 (section 1 and paragraph 1 of Schedule 2), as the sale of hot food and hot drink to the public between the hours of 23.00 and 05.00. The Licensing Act 2003 includes certain exemptions (see paragraphs 2A, 3, 4 and 5 of Schedule 2), where the premises are not used by the public, such as the provision of refreshments to guests staying at a hotel, or the provision of refreshments by an employer to an employee.
	Section B17 - Alcohol
	Paragraph 58 reserves the sale and supply of alcohol, which is regulated by the Licensing Act 2003.
	This includes the licensing of alcohol sales by retail and the pricing and promotion of alcohol. There are a number of provisions in the Licensing Act 2003 which relate to the pricing and promotion of alcohol, including a power under section 19A which allows the Secretary of State to impose mandatory conditions relating to the sale of alcohol on all licensed premises where the Secretary of State considers this appropriate for the promotion of the licensing objectives. Mandatory licence conditions made under this power include conditions governing irresponsible promotions, and a prohibition on sales of alcohol below the permitted price.
	This reservation does not include the wholesale sale of alcohol.
	Section B18 - Betting, gaming and lotteries
	Paragraph 59 reserves lotteries, including the National Lottery, ensuring that the same framework is in place throughout the UK, and betting and gaming, ensuring that the same framework is in place throughout Great Britain. Excepted from the reservation is the power to vary the number of certain gaming machines (where the maximum charge for use is more than £10) authorised by a betting premises licence. This power is sufficiently broad as to allow the Assembly to reduce the number of such gaming machines to zero but only in relation to new betting licenses (once the powers in section 58 are commenced) and not varying existing betting premises licenses. The exception does not include betting premises licences issued in respect of a track.
	Section B19 - Hunting
	Paragraph 60 reserves hunting with dogs. The hunting of any wild mammal with a dog is prohibited in England and Wales by the Hunting Act 2004, unless the hunting qualifies as exempt hunting under that Act.
	Section B20 - Scientific and educational procedures on live animals
	Paragraph 61 reserves scientific and educational procedures on live animals. Such procedures are regulated by the Animals in Science Regulation Unit in the Home Office who are responsible for inspection and licensing of such procedures and for the policy and legislation in this area for England, Wales and Scotland.
	Section B21 - Lieutenancies
	Paragraph 62 reserves the lieutenancies, including the processes for appointments and their functions which are set out in the Lieutenancies Act 1997.
	Section B22 - Charities and fund-raising
	Paragraph 63 reserves charities. The Charities Act 2011 is the main statute making provision in relation to charities. This includes the definition of "charity" and "charitable purpose", the requirements for most charities to register with and be regulated by the Charity Commission for England and Wales, and charities’ accounting and reporting requirements among others.
	This reservation does not affect the ability of the Assembly or Welsh Government to confer, impose, or modify functions of public bodies operating within devolved areas who also happen to be charities.
	Paragraph 64 reserves fund-raising for charitable, philanthropic or benevolent purposes. Specifically, it is concerned with the collection of charitable donations by making a solicitation to members of the public. The main statutory provisions on this are Part 2 of the Charities Act 1992 and the House to House Collections Act 1939.
	This reservation does not inhibit the power of the Assembly to legislate to raise and distribute funds to charities and similar bodies for devolved purposes.
	Head C - Trade and Industry
	Section C1 - Business associations and business names
	Paragraph 65 reserves the creation, operation, regulation and dissolution of business associations.  Business associations include any entity that is not a natural person which is established for undertaking any business whether or not the business is for profit. The reservation does not prevent the Assembly from establishing a business association, such as a company for devolved purposes, but any such company would be required to comply with the relevant UK legislation.  What is reserved is the legislative competence to provide how a company is created, operated, regulated and dissolved.
	For example, in respect of registered social landlords (which may take the form of a company or an Industrial and Provident Society) the Assembly has competence to make provision on the requirements to become a registered social landlord (as a devolved housing matter). However this reservation prevents the Assembly from making provision about requirements for companies or Industrial and Provident Societies more broadly, or creating a new type of business association.
	Excepted from the reservation is the creation, operation, regulation and dissolution of particular public bodies or public bodies of a particular type established by or under any enactment.  This is to ensure that the Assembly is able to legislate to create and provide for the operation, regulation and dissolution of any public bodies for devolved purposes.  These might include a particular statutory body, or types of statutory bodies, such as local authorities or other bodies required to carry on activities within a devolved area. This exception therefore permits the Assembly to establish public bodies for devolved purposes only: it would not permit the Assembly to establish bodies for purposes relating to a reserved matter.
	Paragraph 66reserves the regulation of the name under which an individual or a business association carries on business.
	Section C2 - Insolvency and winding up
	Paragraphs 67 and 68 reserve the subject matter of insolvency and the winding up of solvent business associations.
	These reservations cover all matters relating to insolvency for individuals, limited companies and other business associations (as defined in Section C1). They also cover the winding up of solvent business associations, (for example members’ voluntary winding up) and the regulation of insolvency practitioners.
	Section C3 - Competition
	Paragraph 69 reserves the regulation of anti-competitive practices and agreements; abuse of dominant position, and monopolies and mergers. This reservation ensures the continuation of a common UK-wide system for the regulation of competition matters.  Responsibility for competition policy rests with the UK Government.
	Competition matters are currently principally regulated by (a) the Competition Act 1998 which introduced a prohibition approach to anti-competitive agreements and abuse of a dominant position and (b) the Enterprise Act 2002 which regulates mergers and gives powers to investigate markets.  In addition, the Enterprise and Regulatory Reform Act 2013 established the Competition and Markets Authority which is responsible for competition regulation in the UK, with rights of appeal to the Competition Appeal Tribunal.  The reservation includes all matters relating to that regulation.
	Section C4 - Intellectual property
	Paragraph 70 reserves all matters relating to intellectual property and the work of the Intellectual Property Office. This includes patents design right, trademarks and copyright and all other existing and future analogous rights and matters such as publication rights, rights in performances, the law on passing-off, trade secrets and database rights.
	The only exception to this is that the intellectual property with respect to plant varieties and seeds is not reserved.
	Section C5 – Import and export control
	Paragraph 71 reserves import and export licensing and the implementation of the UK’s EU and UN obligations in this area.
	This reservation reserves import and export licensing within the UK in addition to the implementation of any import, export and trade controls sanctions or arms embargos that are adopted at EU or UN level.
	This section also reserves all matters related to the Common Commercial Policy of the EU, which falls within the exclusive competence of the EU.
	The exceptions to this reservation ensure that the Assembly is able to regulate the movement into and out of Wales of those things listed for reasons connected with the exercise of functions within areas of devolved competence, such as environmental protection. It makes clear however that devolved competence does not extend to prohibition and regulation related to the protection of endangered plants and animals, which remains reserved.
	Section C6 - Consumer protection
	Paragraph 72 reserves the regulation of the following matters:
the sale and supply of goods and services to consumers. This covers the terms on which goods and services are sold and supplied to consumers. It is intended that the Assembly will continue to have legislative competence in relation to the regulation of, for example, tattooing and body piercing where the purpose of the provision is the protection of public health;
guarantees in relation to such goods and services. Statutory implied terms in relation to the sale and supply of goods and services to consumers are covered by the reservation at (a) above;
hire purchase, including the subject-matter of Part 3 of the Hire Purchase Act 1964 which deals with title to motor vehicles which are disposed of while subject to hire purchase agreements;
trade descriptions. This deals with all matters related to false trade descriptions and is not limited to the protection of consumers. It includes the subject-matter of the Trade Descriptions Act 1968;
advertising and price indications. This deals with all matters related to the regulation of advertising and price indications. This includes relevant provisions in the Consumer Protection Act 1987 and the EC Directive on Price Indications;
auctions and mock auctions of goods and services. This relates to all matters related to sale of goods and services by auction and the prohibition of mock auctions i.e. sales which purport to be auctions, but in which the right to bid is restricted, goods are sold below the bid price or are given away, and similar trading practices intended to put undue pressure on customers. This currently includes the Auctioneers Act 1845, the Auctions (Bidding Agreements) Act 1969 and the Mock Auctions Act 1961; and
hall-marking and gun barrel proofing. This covers the regulation of hallmarks applied to articles of precious metal. Gun barrel proofing is the process of testing a gun for safety in order to disclose any fault or weakness and is a statutory requirement for all small arms.
	Paragraph 73 reserves matters relating to the safety of, and liability for, services to consumers.
	The exceptions to this section ensure that the Assembly continues to have competence in relation to the protection of interests of consumers in relation to food, agricultural and horticultural produce, animals and animal products, seeds, animal feeding stuffs, fertilisers and pesticides
	Paragraph 74 reserves the regulation of:
the activities of estate agents to the extent that those activities are regulated by the Estate Agents Act 1979. It does not apply to things done in the course of this profession by a practising solicitor or person employed by an estate agent; nor does it include activities relating to letting property, which is a devolved responsibility.
timeshares including the minimum information which must be given to consumers prior to contract, the minimum contents of contracts and for the cancellation of agreements without penalty within a cooling off period.
the regulation of package travel, package holiday and package tours, which includes requirements on information given to consumers, in brochures and otherwise, content and form of contracts, provisions which traders must make for the protection of consumers’ pre-payments, other obligations of traders and related offences and civil rights of consumers.
	Paragraph 75 reserves the protection of people, whether consumers or others who receive unsolicited goods or services and from trading schemes (for example, pyramid selling) and is largely provided for by Part 11 of the Fair Trading Act 1973.
	The reservation of the regulation of trading schemes in relation to consumer protection matters should not be read as reserving the regulation of trading schemes in relation to matters that are not reserved elsewhere.
	Paragraph 76 reserves the subject matter of Part 8 of the Enterprise Act 2002, which concerns the enforcement of various pieces of consumer legislation with civil undertakings and orders.
	Section C7 - Product standards, safety and liability
	This section covers legislation which lays down rules relating to:
	- product standards, imposed as a result of an EU obligation;
	- product safety, and liability;
	- product labelling requirements;
	which must be complied with before a product can be placed on the market.
	Paragraph 77 reserves product technical standards and requirements imposed as a result of an obligation in EU law.
	Paragraph 78 reserves the power to make provision for the appointment of national accreditation bodies, which certify or assess conformity to technical standards in relation to products or environmental management systems.
	Paragraph 79 reserves product safety and product liability.
	Paragraph 80 reserves product labelling.
	The exception to these reservations ensure that the Assembly continues to have competence in relation to food safety (including packaging and other materials which come into contact with food) and the protection of interests of consumers in relation to food, agricultural and horticultural produce, animals and animal products, seeds, animal feeding stuffs, fertilisers and pesticides.
	Section C8 - Weights and measures
	Paragraph 81 reserves units and standards of weight and measurement.
	Paragraph 82 reserves regulation of trade involving weighing, measuring or quantities. This includes the subject matter of the Weights and Measures Act 1985. Having a single set of rules for weights and measures makes it easier for business to trade across Great Britain and easier for consumers to make choices where products are sold by quantity
	Section C9 - Telecommunications and wireless telegraphy
	Paragraph 83 reserves powers governing telecommunications and wireless telegraphy (including electromagnetic disturbance such as radio interference), thus allowing a consistent approach across the UK including a common regulator (Ofcom).
	Paragraph 84 reserves powers to make provisions for regulating internet services, ensuring the same framework is in place throughout the UK.
	Paragraph 85 reserves powers to make provision in relation to electronic encryption ensuring a consistent approach throughout the UK.
	Section C10 - Post
	Paragraph 86 reserves postal services and post offices, which includes the subject matter of the Postal Services Act 2011 and remaining provisions of the Postal Services Act 2000, to support the UK’s universal postal service. This includes postal regulation, competition, provision of UK postal services, designation and ownership of the company that runs the UK’s post office network, and powers to provide public subsidy to that company.
	The exception permits financial assistance for the provision of services to be provided from public post offices (other than postal services and services relating to money or postal orders).
	Section C11 - Research Councils
	Paragraph 87 reserves Research Councils, within the meaning of the Science and Technology Act 1965. This includes the funding of scientific research in accordance with section 5 of that Act, so far as it relates to Research Councils.
	Paragraph 88 reserves the Arts and Humanities Research Council within the meaning of Part 1 of the Higher Education Act 2004. This includes research in arts and humanities in accordance with section 10 of that Act, so far as it relates to that Research Council.
	These reservations cover the ability of Research Councils to provide grants and other support for research across the UK. This includes funding for national facilities for use by all UK researchers, along with negotiation and payment of subscriptions to international facilities, which helps sustain international competitive excellence of the UK research base. The definition of Research Councils includes Innovate UK.
	Section C12 - Industrial development
	Paragraph 89 reserves both the Secretary of State’s ability to designate Assisted Areas and the financial limits specified in section 8(5) and 8(7) of the Industrial Development Act 1982. The reservation on the financial limits means that financial assistance to industry under section 8 of the Industrial Development Act 1982 by Welsh Ministers, Scottish Ministers and UK Ministers combined cannot exceed total expenditure thresholds which are set by UK Ministers. However, the reservation of section 8(5) and (7) would not prevent the Assembly from creating its own separate powers for Welsh Ministers in relation to financial assistance to industry and setting the financial limits on such powers, which would apply in relation to Wales only.
	This section reserves the Industrial Development Advisory Board, which is a statutory body provided for under section 10 of the Industrial Development Act 1982.
	The Industrial Development Advisory Board, or IDAB as it is commonly known, has a statutory role to advise the Secretary of State on the exercise of his functions under sections 7 and 8 of the Industrial Development Act 1982 (provision of financial assistance to industry).
	Section C13 - Protection of trading and economic interests
	Paragraph 90 reserves the subject-matter of Part 2 of the Industry Act 1975.
	Part 2 of the Industry Act 1975 gives powers to the Secretary of State to prevent control of an "important manufacturing undertaking" in the United Kingdom from passing to a person resident outside the United Kingdom where such a change of control would be contrary to specified interests of the United Kingdom relating to public policy, public health or public security (and subject to other restrictions on the exercise of these powers).  The Secretary of State is empowered to act by means of "prohibition order" or "vesting order", to which Parliamentary procedures apply.
	This section reserves the subject matter of the Protection of Trading Interests Act 1980. This Act allows the Secretary of State to prohibit, where appropriate, the application of certain trade sanctions adopted by other countries, to persons in the UK, where the operation of those measures would, in his view, damage the economic interests of that person.
	Section C14 - Assistance in connection with exports of goods and services
	Paragraph 91 reserves the Export Credits Guarantee Department (ECGD) which operates under the name UK Export Finance and makes provision as to the delegation of any such functions and the transfer of property, rights and liabilities attributable to the exercise of any such functions. By virtue of paragraph 197 of Schedule 7A, the ECGD is a particular authority so that its constitution is reserved. The conferring, imposing, modifying or removing of the ECGD’s functions or functions specifically exercisable in relation to it is therefore also reserved.
	Section C15 - Water and sewerage
	Paragraph 92, when read with the exceptions to section C15, reserves the appointment and regulation of water and sewerage undertakers whose areas of appointment are wholly or mainly in England.  Historically, competence for water supply (and now for sewerage services) is devolved on the basis of undertaker appointment areas. Water and sewerage undertakers are statutory appointees, each appointed to a region of England and Wales, with the responsibility to supply water and/or sewerage services. Licensees are companies or persons with rights to use the supply and/or sewerage systems of undertakers to provide services to non-household customers. Appointment areas are based on river catchments, some of which straddle the England /Wales border. Where those appointment areas straddle the border, only the Welsh parts of those undertakers who operate mainly in Wales ("Welsh undertakers") is devolved. The areas of undertakers who operate wholly or mainly in England ("English undertakers"), including any parts of those areas which are in Wales, and the regulation and licensing of licensees in those undertaker areas, are reserved. The English parts of Welsh undertakers' areas, and the regulation and licensing of licensees in Welsh undertakers' areas in England, are outside the Assembly's geographic competence by virtue of section 108A(2)(b) of GoWA 2006.
	Paragraph 93, when read with the exceptions to section C15, reserves the licensing of water supply and sewerage licensees in all of England and Wales; and the regulation of licensees in so far as they are operating in any part of an English undertaker's area.  This means that, in parts of Wales, undertakers are appointed and both undertakers and licensees are regulated by the UK Parliament not the Assembly. The licensing of water supply and sewerage licensees, the regime overseen by the economic and competition regulator of the water industry (Ofwat), will remain reserved. These arrangements are, however, not intended to be permanent. Following recommendations by the Silk Commission, this Act provides for water supply and sewerage services to be aligned with the national border, instead of with the boundaries of undertakers' areas. The commencement of section 48(1) will achieve this. See paragraph 627 of these notes in relation to the effect of section 48.
	Section C16 - Pubs Code Adjudicator and the Pubs Code
	Paragraph 94 reserves the subject matter of Part 4 of the Small Business, Enterprise and Employment Act 2015 which outlines the following:
	- A statutory Pubs Code, regulating the practices and procedures of pub-owning businesses (being landlords who own 500 or more tied pubs) in their dealings with their tied tenants in England and Wales.
	- An independent Adjudicator (and office) to arbitrate Pubs Code disputes and to investigate systemic breaches of the Code by pub-owning businesses. The Adjudicator is conferred with certain powers, including to apply a levy to, and impose sanctions on, pub-owning businesses and to issue guidance relating to the Pubs Code.
	Section C17 - Sunday trading
	Paragraph 95 reserves Sunday trading. This includes the subject-matter of the Sunday Trading Act 1994, which limits the opening hours of large stores (those with a relevant floor area over 280 square metres / 3,000 square feet) to 6 continuous hours (between 10am and 6pm) on a Sunday in England and Wales.
	This reservation does not cover opt-out rights for shop workers in respect of Sunday working which are contained in the Employment Rights Act 1996.  Those rights are separately reserved under 'Section H1 - Employment and Industrial Relations’.
	Head D - Energy
	Section D1 - Electricity
	Paragraph 91 reserves generation, transmission, distribution and supply of electricity.  This covers all aspects of regulation of the electricity industry. This includes in particular much of the subject-matter of Part 1 of the Electricity Act 1989, which makes provision about the licensing and regulation by the Gas and Electricity Markets Authority of activities relating to electricity, and the powers of licence holders under that Act. It does not include planning for electricity generating stations and overhead electricity lines, which is dealt with in the reservation at section M3.
	Section D2 - Oil and gas
	Paragraph 97 reserves oil and gas and the regulation of the UK oil and gas industry. Subject to express exceptions, this covers all the UK Government’s powers and functions in relation to the oil and gas industry prior to the coming into force of the Act, including:
the ownership of, exploration for and exploitation of deposits of oil and natural gas.  This covers the subject-matter of the Petroleum Act 1998 and related legislation, which vest ownership of oil and gas deposits in the Crown and provides for a system of licensing persons to explore for and exploit such deposits;
pipelines and offshore installations.  This covers the regulation of pipelines and offshore installations, including the construction or laying, and abandonment of offshore installations and pipelines, and the non-land use planning aspects of the regulation of pipelines on land. Offshore installations means those installations related to oil and gas located seaward of the inward baseline for the territorial sea.
marine licensing and the regulation of works that may obstruct or endanger navigation so far as relating to oil and gas exploration and exploitation. This covers licensing of marine activities and regulation of works that may obstruct or endanger navigation so far as relating to oil and gas exploration and exploitation in territorial waters. The Marine and Coastal Access Act 2009 provides that the Secretary of State is the appropriate licensing authority for licensable marine activities for any anything done in the course of any activity concerning the exploration for or production of petroleum.  The 2009 Act also exempts from the need to obtain a marine licence certain activities licensable under the Petroleum (Production) Act 1934 and the Petroleum Act 1998.  The Energy Act 2008 provides that the consent of the Secretary of State may be required to carry out such activities where they are likely to obstruct or endanger navigation.
restrictions on navigation, fishing and other activities to ensure safe operation of offshore activities. Offshore activities means those activities related to oil and gas located seaward of the inward baseline for the territorial sea.  Part 3 of the Petroleum Act 1987 provides for safety zones where navigation is restricted in the immediate vicinity of installations in territorial waters or the Continental Shelf;
liquefaction and regasification of gas; this includes regasification of Liquefied Natural Gas prior to storage or conveyance into the national grid and liquefaction of Natural Gas for transport or storage.
the manufacture or production of gas;
the conveyance, shipping and supply of gas.  This covers, in particular, the subject-matter of Part 1 of the Gas Act 1986, which makes provision about the licensing and regulation by the Gas and Electricity Markets Authority of activities relating to gas.
	There is no limitation in paragraphs (e) to (g) to natural gas only. The effect of this is that these paragraphs may apply equally to manufactured gas which is used for fuel, including biogas (made from the anaerobic digestion of plant matter or waste) or biomethane (biogas which has been processed for injection into the gas grid).
	The exceptions to the reservation are: the granting and regulation of licences to search and bore for and get petroleum within the Welsh onshore area, except for any consideration payable for such licences ; access to land for the purpose of searching or boring for or getting petroleum under an onshore petroleum licence; and marine licensing and the regulation of works that may obstruct or endanger navigation, so far as relating to searching or boring for or getting petroleum under such a licence; and marine licensing and the regulation of works that may obstruct or endanger navigation so far as relating to searching or boring for or getting petroleum under an onshore petroleum licence.
	Section D3 - Coal
	Paragraph 98 reserves coal, including the regulation of the UK coal industry. Land restoration is excepted.
	General legislative and executive competence is reserved in relation to the UK coal industry, including the ownership of coal reserves, regulation of deep and opencast mining, subsidence and water discharge in relation to coal mines.
	The reservation covers all legislation relating to coal, including in particular ownership and exploitation, deep and opencast mining, subsidence and water discharge.  Policy towards the UK coal industry continues to be dealt with on a UK basis, in consultation with the Welsh Ministers when appropriate.  Operational matters in relation to coal reserves and the issue of mining licences are for the Coal Authority, which is a GB body and which receives grant in aid from the UK Government.
	The exception to the reservation relates to the subject-matter of sections 53 and 54 of the Coal Industry Act 1994 which cover environmental duties in relation to planning approval and obligations to restore land affected by coal-mining operations.
	Section D4 - Nuclear energy
	Paragraph 99 reserves all matters relating to nuclear energy and nuclear installations including nuclear safety, nuclear security and safeguards, and liability for nuclear occurrences. The areas covered by the reservation include the development, production and use of nuclear energy, nuclear site licensing, nuclear safety, liability for nuclear occurrences and insurances in respect of such liability, and nuclear safeguards required by international treaties.
	Paragraph 100 reserves the Office for Nuclear Regulation ("ONR") which is a statutory body set up under section 77 of, and Schedule 7 to, the Energy Act 2013. By virtue of paragraph 197 of Schedule 7A, the ONR is a particular authority so that its constitution is reserved. The conferring, imposing, modifying or removing of ONR’s functions or functions specifically exercisable in relation to it is also reserved.
	Section D5 - Heat and cooling
	Paragraph 101 reserves heat and cooling policy including the regulation of the heat supply industry and the Renewable Heat Incentive, while devolving to the Assembly the power to incentivise local heat networks and renewable heat schemes.
	This is achieved through an overarching reservation for the production, distribution and supply of heating and cooling, and two exceptions to this reservation. The first exception relates to heat and cooling networks, also known as "district heating". It will allow the Assembly to legislate for them; but prevents it from regulating the operation of the heat industry. That responsibility will be reserved in order to ensure that there is a uniform approach between England and Wales.
	The other exception relates to schemes for the encouragement of heat from renewable sources. This does not include the Renewable Heat Incentive Schemes which are made under the Energy Act 2008 because those schemes are already centrally funded, and are up and running on a GB-wide basis. For this reason, the Energy Act 2008 is included in Schedule 7B as one of the Acts which may not be modified by the Assembly.
	The Assembly has competence in relation to certain aspects of heat policy by virtue of other devolved competence. For example, it has competence in relation to planning under section M4 of Schedule 7A. This covers planning in relation to heat infrastructure, including heat and cooling networks. Under the Planning Act 2008, devolved generating stations that generate electricity up to and including a capacity of 350MW will no longer require development consent from the Secretary of State. Also exempt will be combined heat and power systems which generate power up to that capacity threshold. Responsibility for the regulation of the design and construction of buildings including services and fittings is also devolved (subject to certain exceptions) and this would, for example, allow the Assembly to legislate in relation to heating appliances in buildings. The exception to the reservation in section D6 gives the Assembly competence in relation to the encouragement of energy efficiency (other than by prohibition or regulation). This exception would cover not only efficiency in relation to electrical energy but also to heat energy.
	Section D6 - Energy conservation
	Paragraph 102 reserves energy conservation. This includes energy efficiency measures implemented by prohibition or regulation. Non-regulatory measures to encourage energy efficiency are devolved. This section also includes the subject-matter of the Energy Act 1976. The 1976 Act enables the Secretary of State to make orders regulating or prohibiting the use of various fuels, or electricity, where that appears desirable for the purpose of conserving energy, and to give directions for conserving fuel stocks.
	The 1976 Act also enables the Secretary of State to make orders regulating or prohibiting the production, supply or acquisition of various fuels or electricity while an Order in Council is in force.  An Order in Council may be made where the fuller powers it allows are needed to implement an international obligation or to deal with an actual or threatened emergency. The 1976 Act also allows for exemptions from certain legal requirements while an Order in Council is in force.
	Head E - Transport
	Section E1 - Road transport
	Paragraph 103 reserves road freight transport services. This includes goods vehicle operator licencing and the traffic commissioners (insofar as they regulate the freight industry).
	Paragraph 104 reserves the regulation of the construction and equipment of motor vehicles and trailers and the regulation of the use of motor vehicles and trailers on roads. It covers (amongst other things) legislation relating to the construction and use of motor vehicles and trailers as well as rules of the road applying to motor vehicles and trailers including but not limited to the highway code, wearing of seatbelts and helmets on motorcycles, vehicle and trailer loading and plated weights.
	This reservation does not reserve the following matters:
	- devolved aspects of traffic management and regulation;
	- the setting of speed limits;
	- traffic signs;
	- pedestrian crossings.
	Paragraph 105 reserves road traffic offences. This includes:
	- the offences themselves;
	- the penalties for those offences;
	- the system of penalty points, disqualifications and other road traffic specific penalties; and
	- the specific court and fixed penalty procedures applicable to road traffic offences
	This reservation does not prevent the Assembly from setting speed limits or legislating about traffic signs on roads in Wales.
	Paragraph 106 reserves driver licensing. This includes:
	- medical restrictions;
	- driving tests;
	- mandatory driver training (both pre and post licence issue); and
	- driver CPC (certificates of professional competence).
	Paragraph 107 reserves driving instruction. This reserves all aspects of the regulation of driving instruction for all classes of motor vehicles.
	Paragraph 108 reserves drivers’ hours. This includes maximum driving hours, minimum rest breaks and the use of tachographs and other equipment to monitor compliance.
	Paragraph 109 reserves traffic regulation, other than speed limits, traffic signs or pedestrian crossings, on special roads. This largely relates to traffic regulation on motorways.
	Paragraph 110 reserves the power to exempt vehicles from any statutory provision imposing a speed limit. This reservation also reserves the power to make provision about the training of drivers of vehicles at high speed.
	The reservation in paragraph 111 is linked with the exemption from speed limit reservation in paragraph 110 and reserves the application of traffic signs and pedestrian crossings in relation to vehicles being used for a speed exempted purpose in Wales.
	Paragraph 112 reserves all matters connected with international road transport services for passengers and goods.
	Paragraph 113 reserves Public Service Vehicle Operator Licensing. Public Service Vehicles (PSVs) operator licences are required by operators of PSVs (buses and coaches). This includes the related functions of the traffic commissioners.
	Paragraph 114 reserves documents relating to vehicles and drivers for the purposes of travel abroad for both private and commercial use of vehicles. This includes for example:
international driving permits,
ECMT (European Conference of Ministers of Transport) multilateral road haulage permits,
road haulage permits issued and recognised under bilateral treaties.
	Paragraph 115 reserves the regulation and the registration of new and used vehicles and motor insurance.
	Paragraph 116 reserves the subject matter of the Severn Bridges Act 1992 in so far as it applies to the Second Severn crossing, except for the provisions of the 1992 Act which relate to the construction of the Second Severn crossing. The other crossing which is mentioned in the 1992 Act is situated wholly in England so it is reserved by virtue of section 108A(2)(b) of GoWA.
	Section E2 - Rail transport
	Paragraph 117 section reserves railway services.  This includes the provision and regulation of railway services and rail safety.
	The interpretation provision under section E2 defines "railway services" more specifically, by reference to section 82 of the Railways Act 1993. This means it includes:
	- services in relation to the carriage of passengers, luggage, parcels, mail and goods and services in relation to stations,
	- maintenance facilities, and
	- the provision and operation of the rail network itself.
	However, the wider meaning of "railway" in section 81(2) of the Railways Act 1993 is excluded from the definition. This means tramways and guided transport systems are devolved.
	Also devolved is the subject listed under the exception to section E2: financial assistance so far as relating to railway services.  This means that the Assembly is able to legislate in relation to capital and revenue grants for services relating to the carriage of passengers, stations, maintenance facilities and the rail network itself.
	However, carved out from this exception and therefore reserved, is financial assistance in connection with:
	- the carriage of goods,
	- a railway administration order, which includes government financial assistance under section 63 of the Railways Act 1993 where railway administration orders are made, or
	- Regulation (EC) No. 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road. These Regulations provide for compensation to a passenger service operator who is required to run a service which would not be commercially viable.
	Paragraph 118 reserves the subject-matter of the Channel Tunnel Act 1987 which makes provision for the construction and operation of the Channel Tunnel, and for the operation of the Shuttle services and other services through it, and safety and security within the tunnel system.
	Section E3 - Marine and waterway transport etc.
	Paragraph 119 reserves the navigational rights and freedoms of ships (which are vessels used in navigation, not vessels used only for recreation). Navigational rights and freedoms apply in the sea (under customary international law and the United Nations Convention on the Law of the Sea or UNCLOS) and in navigable tidal and non-tidal waters (under common law, immemorial usage, legislation or express grant or dedication). Interference with navigational rights and freedoms is covered by the reservation, save that the regulation of works which may obstruct or endanger navigation is reserved only in the case of works relating to, or for constructing, reserved trust ports or harbours not wholly in Wales.
	Paragraph 120 reserves shipping, and technical and safety standards of vessels that are not ships (regardless of whether the vessel is capable of navigation) including all the subject-matter of:
section 2 of the Protection of Wrecks Act 1973, which concerns wrecks which pose a danger to shipping and divers;
the Dangerous Vessels Act 1985, which concerns dangerous vessels in harbours; and
the Merchant Shipping Act 1995, which covers a wide range of matters relating to shipping.
	The reservation of shipping applies to ships on the sea or any other waterway. It includes all aspects of shipping, for example the regulation of ships and shipping services, including ships in harbours, the register of ships, technical and safety standards of ships, fire safety on ships, environmental harm caused by ships, carriage of goods and passengers, employment and engagement of seafarers, war risks insurance, salvage and wreck, protection of shipping and trading interests, lighthouses and navigational aids, implementation of international maritime Conventions, international maritime bodies and financial assistance. In relation to vessels that are not ships, technical and safety standards are reserved.
	There is an exception for financial assistance for shipping services to, from or within Wales and an exception for the regulation of the carriage of animals on vessels for the purposes of protecting human, animal or plant health, animal welfare or the environment, reflecting matters that have been devolved.
	Paragraph 121 reserves reserved trust ports, as defined in section 32 of the Act, and harbours not wholly in Wales. The reservation includes the development, operation, maintenance and management of reserved trust ports and harbours not wholly in Wales and their harbour authorities.
	Paragraph 122 reserves pilotage other than devolved pilotage. Devolved pilotage is defined as pilotage that relates to a harbour wholly in Wales other than a reserved trust port and that is provided in a pilotage jurisdiction under section 2(1) of the Pilotage Act 1987 that does not extend beyond Wales. The reservation includes the subject matter of the Pilotage Act 1987 (other than in relation to devolved pilotage).
	Paragraph 123 reserves coastguard services and maritime search and rescue with the exception of the participation of Welsh fire and rescue authorities in maritime search and rescue responses.
	Maritime search and rescue is required by international maritime Conventions, is provided on land as well as water and is initiated and coordinated by the Maritime and Coastguard Agency (MCA), an executive agency of the Department for Transport..
	Paragraph 124 reserves hovercraft. Hovercraft are not ships and can be operated over land as well as over water. The Hovercraft Act 1968 allows hovercraft to be regulated under laws relating to ships, aircraft, motor vehicles or other means of transport. Hovercraft are in practice regulated as if they were ships. Shipping legislation, for example, legislation relating to seafarer working conditions, environmental harm and safety, is generally applied to hovercraft. The reservation covers hovercraft whether operated over water or land.
	Section E4 - Air transport
	The reservation is in respect of aviation, air transport, airports and aerodromes. This includes the provision and regulation of aviation services and aviation safety, licensing, powers to set noise controls at airports, the arrangements for compensation and repatriation of passengers on an operator’s insolvency and the economic regulation of aviation. The reservation ensures the consistent implementation of international legislation across the United Kingdom by the designated regulator and also retains commonality for standards and specifications across GB/UK. It has three exceptions which mirror the provisions concerning air transport in Schedule 7 to GoWA (omitted by section 3).
	Section E5 - Transport security
	Paragraph 126 reserves transport security. This means that road transport security, rail transport security, maritime security (including security at ports and harbours), and aviation security are all reserved matters.
	The exception to section E5 provides that the regulation of transport security relating to the carriage of adults who supervise persons travelling to and from the places where they receive education or training, is devolved.  This makes it clear that the security of such persons is a devolved education matter and not a reserved transport matter.
	Section E6 - Other matters
	Paragraph 127 reserves technical specifications for public passenger transport for disabled persons including the subject-matter of section 125(7) and (8) of the Transport Act 1985 and Part 12 of the Equality Act 2010. Section 125(7) and (8) of the Transport Act 1985 together require the Secretary of State to consult the Disabled Persons Transport Advisory Committee before issuing guidance as to measures with a view to making access to public transport services by road easier for disabled persons and making such transport better adapted to the needs of disabled people. Part 12 of the Equality Act 2010 makes provision about standards of accessibility for the transport of disabled people by taxi, bus or train and sets out measures to require the adoption of such standards by the relevant operators.
	Paragraph 128 reserves technical specifications for fuel or other energy sources or processes used in road, rail, marine, waterway or air transport. This covers any technical specification set out in domestic, European or international law for fuel or other energy sources or processes used across all modes of transport
	Paragraph 129 reserves the carriage of dangerous goods (including the transport of radioactive material).
	Head F - Social Security, Child Support, Pensions and Compensation
	Section F1 - Social security schemes
	Paragraph 130 reserves schemes supported from central or local public funds which provide financial assistance for social security purposes to or in respect of individuals. This includes individuals who qualify in various ways as outlined in the non-exhaustive list in the interpretation paragraph.
	The reservation relates to social security benefits, state pensions, allowances, grants, loans and any other form of financial assistance (such as payments out of the Social Fund, pension credit, universal credit and disability benefits) which are directly administered and funded by central or local government, in whole or in part.
	The reservation also includes compensation schemes, including lump sum schemes, which make payments because of accident, injury or disease.
	The reservation covers all aspects of the establishment, financing and administration of such benefits and activity connected with them (such as decision-making, appeals and anti-fraud activity). The Assembly will not have competence to legislate in relation to the setting up or financing of benefit schemes where these are for social security purposes. However, the reservation does not prevent the Assembly from legislating in relation to the provision of financial assistance for other purposes within the devolved areas of social welfare, education and local government finance. Examples might include free childcare hours or payments to meet childcare costs to or for individuals (whose eligibility is not determined on the basis of financial or social need), education maintenance grants, fostering allowances and council tax reduction schemes.
	The exception exempts the devolved area of social welfare, social services, care and support in so far as the reservation concerns financial assistance. Accordingly, the exception is limited to the provision by a local authority of financial assistance in respect of the costs of care or support which the local authority would otherwise provide by way of services. The exception also includes deferred payment agreements; that is, the deferral of payment due to a local authority from an individual in respect of the costs of meeting needs for care or support or financial assistance for meeting such needs
	Paragraph 131 reserves requiring persons aside from central government (including companies, employers and local or other authorities) to establish and administer schemes for social security purposes, to make payments to or in respect of those schemes, and to keep records and supply information in connection with the schemes and in connection with any payments made.
	The reservation includes payments and activities to do with National Insurance, such as the requirement on individuals to pay and employers to collect National Insurance contributions. It also covers other types of social security provision that operate through requirements on employers or others to make payments in accordance with a regulatory framework (such as statutory sick pay and statutory maternity pay) rather than by direct central or local government delivery.
	Section F2 - Child Support
	This section reserves the subject-matter of the Child Support Acts 1991 and 1995 as amended and any further legislation in this area which concerns the state’s interest in parental obligations to maintain their children and its power to establish or assume paternity. The provisions of the Child Support Acts include the duty upon the Secretary of State to determine whether there is a liability to pay maintenance in respect of a child not living with both parents, to assess and collect any amounts due and to enforce payment. The reservation also covers legislation regarding the jurisdiction and powers of the courts to make individual decisions on child maintenance.
	This section reserves section 30(1) and (2) of the Child Support Act 1991.
	These provisions empower the Secretary of State to collect periodical payments other than child support payments (for example payments made under an order to cover the costs of education or training; to meet expenses attributable to a disability; or additional maintenance payments appropriate in high income cases), which are payable for the benefit of the child or any other person.
	Section F3 - Occupational and Personal Pensions
	Paragraph 134 covers all matters and statutory provisions relating to occupational and personal pensions, including public service pensions which are a particular category of occupational pensions.
	Pension schemes within these categories have the meanings given to them in section 1 of the Pension Schemes Act 1993.
	The reservation includes regulation of pensions and pension schemes, which is given further definition in the interpretation paragraph; those subject to regulation form a non-exhaustive list, which includes trustees, managers, employers and members. Regulation covers both the activities of the Pensions Regulator and the Financial Conduct Authority (and/or any other regulatory body that may be set up), and the statutory framework for pensions. That framework includes requirements affecting the administration of schemes, the financial management of schemes, including rules on investments, contributions and solvency, and the rights of individual scheme members in relation to transferring and accessing benefits, indexation of rights, requirements for equal treatment of men and women, and rules on the disclosure of information to scheme members.
	The exception relates to the competence of the Assembly to make provision for the payment of pensions and establishment and administration of schemes in relation to Assembly Members, the First Minister, Welsh Ministers, Deputy Welsh Ministers and the Counsel General, under sections 20 and 53 of GoWA and members of local authorities, which is given further definition in the interpretation paragraph.
	In all these cases, the provision made will remain subject to the general requirements of pensions' legislation and the relevant regulatory body. Pensions are defined as including gratuities and allowances. The reference to pension protection covers arrangements to provide a measure of protection (including payments and compensation) to members in the event of schemes not being able to meet their obligations, such as the Pension Protection Fund and the Financial Assistance Scheme, and any other body or scheme that may be set up to protect members’ pensions.
	Section F4 - Public sector compensation
	Paragraphs 135 and 136 reserves public sector compensation, whether in the form of a compensation scheme or as part of a public service pension scheme. This includes payments made to public sector workers as a result of incapacity or death as a result of injury or illness and payments made to public sector workers as a result of leaving employment or office. The reservation includes regulation of payments made as a result of leaving office or employment.
	An exception is made in respect of payments to Assembly Members, the First Minister, Welsh Ministers, the Counsel General, Deputy Welsh Ministers, and members of local authorities (including members of Fire and Rescue Authorities, National Park Authorities and conservation boards for an area of outstanding natural beauty.)
	Section F5 - Armed forces compensation etc.
	This section covers compensation payments, allowances and other benefits provided to serving or former members of the Armed Forces (both regulars and reserves), their spouses, civil partners and certain other dependants, and entitled civilians under schemes provided for in secondary legislation made by the Secretary of State for Defence or the Defence Council under statutory or prerogative powers.
	Payments under the various Armed Forces’ occupational pensions schemes are covered under the reservation in section F3 (occupational and personal pensions).
	The reservation includes the determination of claims, the provision and administration of compensation, war pensions and ancillary benefits, and the establishment and regulation of public bodies, including tribunals and advisory and executive bodies with related functions.
	Compensation payments are made in respect of illness, injury, disablement and death of service personnel, ex-service personnel and a wider range of auxiliary, reserve and other personnel, including (in certain circumstances) civilians. As regards the main scheme for the payment of compensation payments which is due to service in the armed forces before 6 April 2005, currently this is set out in the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006. Entitlement arises where disablement or death of a member of the armed forces occurred or arose during this period.
	Where injury or illness is caused or made worse by, or death is caused by, service in the armed forces on or after 6 April 2005, compensation currently is payable under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011. Lump sum compensation payments and, for more serious injuries or death, additional regular payments are payable.
	Other compensation benefits covered by this reservation include resettlement grants, redundancy schemes, payments such as those made under the Armed Forces Early Departure Payments Scheme Regulations 2014 and the Armed Forces Early Departure Payments Scheme Order 2005 and payments to assist service personnel or ex-service personnel undertake further training or education such as those paid under the Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) Order 2012.
	Paragraph 138 mirrors paragraph 136 of F4 (public sector compensation) to ensure that regulation of the compensation schemes is reserved.
	Paragraph 139 reserves the subject-matter of a number of particular schemes made under the following enactments which enable provision to be made other than for or in respect of members of the armed forces. These are:
the Personal Injuries (Emergency Provisions) Act 1939. The 1939 Act makes provision for a scheme for making payments in respect of certain personal injuries to civil defence volunteers and civilians during the Second World War;
the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, sections 3 to 5 and 7. Section 3 makes provision for the payment of awards to or in respect of mariners in British ships who have suffered war-related injury or detention. Section 4 makes similar provision for pilots, crews of pilot boats, lighthouses etc., section 5 for certain persons serving on naval ships, and section 7 makes general provision for these schemes; and
the Polish Resettlement Act 1947. The 1947 Act makes provision for war pensions and other payments and assistance to be given to Polish naval and armed forces under British command during the Second World War and Polish resettlement forces and their dependants.
	Head G - Professions
	Section G1 - Architects, auditors, health professionals and veterinary surgeons
	Paragraph 140 reserves the regulation of four categories of professions.
	(a) Architects
	The reservation of the regulation of the profession of architect is provided for by the Architects Act 1997 which applies to the UK as a whole.
	Responsibility for regulation rests with the Architects Registration Board, a statutory body, and includes in particular the maintenance of the register, professional qualifications, and control over standards of professional competence and conduct.
	(b) Auditors
	The reservation of the regulation of the profession of auditor includes in particular professional qualifications, eligibility to practice, and control over standards of professional competence and conduct.
	(c) Health Professions
	The reservation of the regulation of the health professions includes those defined in the interpretation section under eight principal pieces of legislation which apply to the UK as a whole or Great Britain, and any other profession concerned with physical or mental health of individuals.
	There are eight independent statutory bodies who are responsible for regulating these professions. These are the General Chiropractic Council, the Dental Council, the General Medical Council, the General Optical Council, the General Osteopathic Council, the General Pharmaceutical Council, the Nursing and Midwifery Council, and the Health and Care Professions Council.
	These regulatory bodies share the objective in exercising their functions of protecting the public.
	The professions regulated under this set of legislation are: doctors, dentists, clinical dental technicians, dental hygienists, dental nurses, dental technicians, dental therapists, orthodontic therapists, nurses, midwifes, chiropractors, osteopaths, pharmacists, pharmacy technicians, opticians, optometrists, dispensing opticians, arts therapists, biomedical scientists, chiropodists/podiatrists, clinical scientists, dieticians, hearing aid dispensers, occupational therapists, operating department practitioners, orthoptists, paramedics, physiotherapists, practitioner psychologists, prosthetists/orthotists, radiographers and speech and language therapists. Paragraph (b) of the interpretation section covers any groups of practitioners that have not yet been the subject of specific statutory regulation, thus reserving health professions that may require such regulation in the future. However, this reservation would not prevent the Assembly from regulating, for public health reasons, practitioners and businesses (such as tattooists and body piercers) whose services are not provided for health-related reasons, and who are therefore not concerned with the physical or mental health of individuals.
	Social Workers in England only are also regulated under this legislative framework. Social work in Wales is not governed by this same set of legislation and is an exception to the reservation. Social care workers are a regulated profession in Wales, though not in England and therefore are also an exception to this reservation.
	The General Optical Council also regulates students in optometry and dispensing optics.
	The General Dental Council, General Optical Council and General Pharmaceutical Council also have responsibilities in relation to the regulation of businesses and premises who offer dental, optical or pharmaceutical services.
	(d) Vets
	The regulation of the profession of veterinary surgeon is reserved without exception.
	Head H - Employment
	Section H1 - Employment and industrial relations
	Paragraph 141 reserves employment rights and duties and industrial relations, except for the setting of wages for agricultural workers insofar as this is dealt with by the Agricultural Sector (Wales) Act 2014.
	This section reserves employment rights and duties, and industrial relations, including the subject-matter of the following:
the Employers’ Liability (Compulsory Insurance) Act 1969, which requires employers to insure against liability for injury or disease sustained by employees and arising out of and in the course of their employment;
the Employment Agencies Act 1973, which regulates employment agencies and employment businesses;
the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, which makes provision for lump sum payments to be paid by the State to or in respect of persons disabled by industrial lung diseases caused by various kinds of noxious dust at work;
the Trade Union and Labour Relations (Consolidation) Act 1992. This Act covers a wide range of matters relating to collective labour relations including trade unions, employers’ associations, industrial relations and industrial action;
the Employment Tribunals Act 1996, which relates to employment tribunals and the Employment Appeal Tribunal;
the Employment Rights Act 1996. This Act consolidates enactments about employment rights including protection of wages, maternity rights, unfair dismissal and redundancy;
the National Minimum Wage Act 1998. This Act provides for the setting of minimum wages in almost all sectors of employment;
the Working Time Regulations 1998. These regulations implement aspects of EU Directives on working time: in relation to the protection of young people at work; annual leave, breaks, and rest periods; protections for night workers; and rules for a maximum 48 hour working week including the individual right to opt-out;
the Employment Relations Act 1999.  This Act introduced changes to trade union and industrial action legislation including the recognition and derecognition of trade unions by employers.  It also introduced new rights and changes to various employment rights including family-related employment rights and new rights for workers to be accompanied in certain hearings;
the Transnational Information and Consultation of Employees Regulations 1999. These Regulations provide for UK employees’ rights to be represented by a European Works Council;
the Employment Act 2002.  This Act introduces new and/or amends existing individual employment rights in relation to paternity, adoption leave and maternity pay, flexible working and fixed term work.  It also covers employment tribunal reform and resolving disputes between employers and employees;
the Gangmasters (Licensing) Act 2004 established the Gangmasters Licensing Authority, which regulates labour providers, employment agencies and businesses who supply workers (‘gangmasters’) to the regulated sectors anywhere in the UK, including the sea bed, shore, and any estuary or tidal river adjacent to the UK. It also created offences relating to acting as and using an unlicensed gangmaster;
the Employment Relations Act 2004.  This Act made further changes to industrial action and trade union recognition law.  It also made changes to the enforcement procedures relating to the National Minimum Wage and the Agricultural Minimum Wage;
the Work and Families Act 2006. This Act makes provision about statutory rights to leave and pay in connection with the birth or adoption of children; an extension of the right to request flexible working; changes to annual leave entitlements; and increases in the maximum amount of a week’s pay for the purposes of calculating certain remedies in employment tribunals;
the Transfer of Undertakings (Protection of Employment) Regulations 2006, which provide for the protection of employees’ rights on the transfer of an undertaking, such as the sale or disposal of a business;
the Agency Workers Regulations 2010.  These Regulations ensure agency workers benefit from equal entitlement rights in terms of basic working and employment conditions; and
Part 2 of the Enterprise and Regulatory Reform Act 2013 which made changes to the employment tribunal process including provision for agreement of disputes without the need for determination at tribunal and financial penalties for employer breach.  It also introduced increased protections available for whistleblowers.
	The subject-matter of the Agricultural Sector (Wales) Act 2014 is excepted from the reservation. That Act establishes the Agricultural Advisory Panel for Wales which has the power to fix minimum wages, holiday entitlements and other terms and conditions of employment for agricultural workers in Wales.  Apart from this exception about the wages of agricultural workers in Wales, matters relating to wages will fall within the reservation.  So, for example, the Assembly is not able to legislate to set a national minimum wage.
	Section H2 - Industrial training boards
	The Industrial Training Act 1982 provides for the establishment of an Industrial Training Board (ITB), and the powers of an ITB to raise a statutory levy, the terms of which are set out in secondary legislation. Paragraph 142 reserves the three ITBs that exist currently i.e. Film Industry Training Board, the Construction Industry Training Board or the Engineering Construction Industry Training Board
	Section H3 - Job search and support
	Paragraph 143 covers the provision of advice and support to assist people to select, train for, obtain and retain employment or to assist people to obtain suitable employees, including such assistance for disabled persons. The intention behind this reservation is to reserve legislative competence in relation to all work-related programmes for which the Secretary of State is responsible under the Disabled Persons (Employment) Act 1944 and section 2 of the Employment and Training Act 1973 (e.g. Access to Work and Work Choice). Under the Disabled Persons (Employment) Act 1944, the Secretary of State makes arrangements to facilitate disabled people to obtain employment or work on their own account and to train for such employment.
	Excepted from the reservation is legislative competence in respect of vocational, social and physical training, matters relating to careers services and education generally. New Schedule 3A to the GoWA 2006 (inserted by section 21 and Schedule 4 restates concurrent executive functions in relation to the Employment and Training Act 1973), i.e. sections 2, 4, 5 and 11. These are exercisable by the Welsh Ministers concurrently with Ministers of the Crown, as the functions transferred to the Assembly in 1999 were converted to functions exercisable by Welsh Ministers by the operation of paragraph 30 of Schedule 11 to GoWA 2006. However, the functions exercisable by Welsh Ministers under section 2 do not include the function of making arrangements for the principal purpose of helping all those (as distinct from a particular section of the population of Wales) without work to find employment and to help employers to fill vacancies, or any function ancillary to that function. Additionally, the functions under sections 2, 5(3) and 11(1) (now repealed) are exercisable by the Welsh Ministers free from the requirement for Treasury approval and the function under section 5(2)(b) is exercisable by the Welsh Ministers free from the requirement for the approval of the "Minister for the Civil Service".
	Head J - Health, Safety and Medicines
	Section J1 - Abortion
	Paragraph 144 covers the power to legislate in relation to abortion (currently the Abortion Act 1967 and regulations made under it). Welsh Ministers already have the power to approve independent sector settings to perform abortions and to make regulations concerning notification requirements. They are also responsible for the provision of abortion services within Wales.
	The Department of Health processes notification of abortions performed in Wales and publishes annual statistics on behalf of Welsh Ministers.
	Section J2 - Xenotransplantation
	Xenotransplantation is the transplantation of viable organs or other tissues (e.g. bone or cells) from animals to humans, or the use of viable animal tissue extra-corporeally, perhaps as part of a medical device.
	There is currently no legislation which specifically regulates xenotransplantation, but there are other statutory provisions which touch upon it.  For example, the welfare of animals which have been genetically modified for xenotransplantation purposes is covered by the Animals (Scientific Procedures) Act 1986.  The subject-matter of that Act, which regulates the use of animals for experimental or scientific purposes (including vivisection), is reserved by section B20.  A nonstatutory body, the UK Xenotransplantation Interim Regulatory Authority (UKXIRA) exists to monitor and regulate developments in the xenotransplantation field.
	The whole area of xenotransplantation is reserved by paragraph 145 including the regulation of any activities connected with xenotransplantation.
	Section J3 - Embryology, surrogacy and genetics
	Certain matters in the health field, which raise major ethical issues and/or which require expertise to be pooled at a United Kingdom level for them to be satisfactorily regulated, are reserved by paragraph 146.  The reservation of surrogacy reserves surrogacy arrangements, as defined by the Surrogacy Arrangements Act 1985, including the subject-matter of the 1985 Act.
	The 1985 Act defines surrogacy arrangements by reference to a ‘surrogate mother’ who is a woman who carries a child in pursuance of an arrangement made before she began to carry the child and made with a view to that child being handed over to, and the parental rights being exercised by, another person.  The arrangement is a surrogacy arrangement if, were a woman to whom the arrangement relates to carry a child in pursuance of it, she would be a surrogate mother.
	The Act makes provision prohibiting third parties from initiating or negotiating any surrogacy arrangements on a commercial basis, receiving any payments from the surrogate mother or the person for whom she is carrying the child and advertising in connection with surrogacy arrangements.
	The Act does not however deal with the legality under the common law of surrogacy arrangements.  It is not an offence under the common law or the 1985 Act for persons to enter into a private arrangement.  Section 36(1) of the Human Fertilisation and Embryology Act 1990 ("the 1990 Act") amended the 1985 Act to the effect that no surrogacy arrangement is enforceable and the 1990 Act also makes provision as to the parentage of children born as the result of surrogacy arrangements.
	The Assembly will not be able to legislate in respect of any matter relating to surrogacy arrangements within the meaning of the 1985 Act, including the legality of surrogacy arrangements for the purposes of the criminal law or the enforceability of any such arrangements for the purposes of the civil law nor will the Assembly be able to amend the provisions of the 1985 Act.
	The embryology reservation reserves the subject-matter of the 1990 Act, as amended, which deals principally with:
	- the regulation of the creation, keeping or using of human embryos or gametes outside the body;
	-the regulation or prohibition of any activities involving the creation, keeping or using of human embryos or gametes outside the body, including research and the provision of infertility treatment services; and
	-the definition of the parents of any child being or having been carried by a woman as the result of the placing in her of an embryo or of eggs and sperm or her artificial insemination.
	The 1990 Act also established the Human Fertilisation and Embryology Authority, which regulates research or treatment which involves the creation, keeping and using of human embryos outside the body, or the storage or donation of human eggs and sperm.
	The Human Fertilisation and Embryology Act 2008Act amended the 1990 Act to make provision regarding the parentage of children born as a result of surrogacy arrangements and confers a power on the Courts to make an Order providing for a child born as a result of a surrogacy arrangement to be treated in law as the child of the couple who commissioned the surrogate mother to carry the child.
	All matters relating to human genetics not already reserved by the reservation of the subject-matter of the 1990 Act are reserved.  This includes research, testing or treatment concerning the human genome or genetic disorders including gene therapy research and all matters relating to the social, ethical and economic consequences of human genetics, such as providing genetic tests for insurance or employment purposes or patenting genetic material.
	Section J4 - Medicines, medical supplies, biological substances etc.
	This section reserves Medicinal Products. This includes the regulation of prices, profit and the control of costs.
	The interpretation provision under this section states that "Medicinal Products" has the same meaning as in the Human Medicines Regulations 2012 (SI 2012/1916).
	The reservation also covers medicines regulation including manufacturing, licensing, wholesale dealing, advertising and regulation of clinical trials.
	This section reserves Medical Supplies, and includes the regulation of prices. "Medical Supplies" has the same meaning as in section 260 of the NHS Act 2006.
	Paragraph 149 reserves biological standards including testing of biological substances.
	In the context of the work of the National Institute for Biological Standards and Control/Medicines and Healthcare products Regulatory Agency, "biological substances" means specifically "biological medicines". These are a specific class of medicinal substances which are manufactured from biological sources as a starting material. Examples would be medicines made from human blood (e.g. albumin or immunoglobulins), from microbes (e.g. vaccines), or from biotechnology processes such as engineered cells (e.g. antibodies).
	Paragraph 150 reserves veterinary medicinal products, including manufacture, authorisations for use and regulation of prices.
	The reservation has the effect of reserving the monitoring (pharmacovigilance) and taking action on reports of bad effects from veterinary medicines; testing for residues of veterinary medicines or illegal substances in animals and animal products; the assessment and processing of applications authorisations to sell veterinary medicinal products (including homeopathics) in the UK; controlling how veterinary medicines are made and distributed in the UK; advising ministers on developing veterinary medicines policy; and making, updating and enforcing UK legislation on veterinary medicines.
	Paragraph 151 reserves specified feed additives. The reservation has the effect of reserving the approval and inspection of feed business operators wishing to manufacture and distribute certain types of animal feeding stuffs containing specified feed additives. The approval and inspection covers the production, labelling, possession supply record-keeping requirements and sampling of feeding stuffs containing specified feed additives and ensures that the requirements of EU Regulation 1831/2003 are met. It also covers the potential for enforcement action to be taken in cases where the requirements of the Veterinary Medicines Regulations are not adhered to.
	Paragraph 152 reserves the approval and inspection of feed business operators wishing to manufacture and distribute certain types of animal feeding stuffs containing veterinary medicinal products. The approval and inspection covers the production, labelling, possession supply, record-keeping requirements and sampling of feeding stuffs containing veterinary medicinal products. It also ensures that prescriptions for feeding stuffs containing veterinary medicines are completed correctly and the feed produced matches the prescription. It also covers the potential for enforcement action to be taken in cases where the requirements of the Veterinary Medicines Regulations are not adhered to.
	Paragraph 153 reserves the vaccine damage payment scheme (VDPS). The VDPS provides a one-off, tax-free lump sum payment (currently £120,000) for people who have become severely disabled as a result of vaccination against specific diseases listed in the Vaccine Damage Payments Act 1979.  Policy responsibility for VDPS legislation resides with the Department for Health, while the Department for Work and Pensions administers the Scheme, makes payments and takes professional medical advice on each individual case.
	In Great Britain the assessment of the level of disablement for the VDPS is the same as that used for the purposes of section 103 of the Social Security Contributions and Benefits Act 1992. In Northern Ireland it is the same as that used for the purposes of section 103 of the Social Security Contributions and Benefits Act (Northern Ireland) 1992.
	Section J5 - Welfare foods
	Paragraph 154 reserves welfare foods. The UK Government makes provision for welfare foods schemes in regulations made under section 13 of the Social Security Act 1988 (which concerns benefits under schemes for improving nutrition for pregnant women, mothers and children). The current schemes are the Nursery Milk Scheme and the Healthy Start Scheme. The Nursery Milk Scheme provides for reimbursement of the cost of specific amounts of milk provided to children under the age of 5 who are looked after for a prescribed amount of time by approved day care providers. The Healthy Start Scheme provides food vouchers, which can be exchanged for Healthy Start food at retailers registered to receive the vouchers, and vitamins vouchers, which can be exchanged at NHS outlets. Entitlement to Healthy Start is linked to whether the recipient or, as the case may be, a member of their family, is in receipt of certain means tested social security benefits or child tax credit
	Section J6 - Health and safety
	Paragraph 156 reserves the Health and Safety Executive ("HSE"), which is a statutory body established under Part 1 of the Health and Safety at Work etc. Act 1974 ("the 1974 Act"). By virtue of the reservation in paragraph 197 of Schedule 7A for particular authorities, the constitution of HSE is reserved. The conferring, imposing, modifying or removing of HSE’s functions, or functions specifically exercisable in relation to it, is also reserved.
	Paragraph 155reserves the rest of the subject matter of Part 1 of the 1974 Act. That Part makes provision for the general purposes of securing the health, safety and welfare of persons at work, protecting persons other than persons at work against risks to health or safety arising out of or in connection with the activities of persons at work, and controlling the keeping and use of explosive or highly flammable or otherwise dangerous substances, and generally preventing the unlawful acquisition, possession and use of such substances. The reservation of the subject matter of Part 1 of the Health and Safety at Work etc. Act 1974 includes process fire precautions, fire precautions in relation to petroleum and petroleum spirit, and fire safety on ships and hovercraft, in mines and offshore installations. All other aspects of fire safety in Wales, including regulation and prohibition, are within the legislative competence of the Assembly.
	Paragraph 156 reserves the Employment Medical Advisory Service (EMAS), which is established by Part II of the 1974 Act. EMAS has functions of advising Ministers, HSE, employers and employees on health in relation to employment. By virtue of the reservation in paragraph 197 of Schedule 7A relating to particular authorities, the effect of this reservation is that the Assembly is not able to legislate about EMAS’s functions, or functions specifically exercisable in relation to it, but may, for example, legislate about promoting health in the work place.
	Paragraph 157 covers the taking of steps for the purposes of protecting the public in Wales from radiation (whether ionising or not).  Such steps could include the conduct of research or taking of other steps for advancing knowledge or understanding; providing technical services; providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation; providing training; providing information and advice; and making available the services of any person or any facilities. Such functions are currently performed by the Centre for Radiation, Chemical and Environmental Hazards, Centre for Radiation which is part of Public Health England.
	Head K - Media, Culture and Sport
	Section K1 - Media
	Paragraph 158 reserves broadcasting and other media.
	All regulatory responsibilities relating to television and radio broadcasting are reserved including the functions of Ofcom (the independent communications regulator).
	All media content including press and digital, and related issues such as journalistic freedom, are reserved matters.
	All EU and international responsibilities relating to broadcasting and other media, including those arising under various EU directives and other international agreements are reserved.
	Paragraph 159 reserves the BBC. By virtue of the reservation in paragraph 197 of Schedule 7A for particular authorities, the constitution of the BBC is reserved. The conferring, imposing, modifying or removing of the BBC’s functions, or functions specifically exercisable in relation to it, is also reserved.
	Section K2 - Public lending right
	Paragraph 160 reserves the Public Lending Right, so that authors, illustrators and other rights holders have the right to receive payment for the loans of their books by public libraries across the UK.
	Section K3 - Government Indemnity Scheme
	Paragraph 161 reserves the power to legislate to issue Government indemnities for objects, such as paintings and antiquities, on loan to museums, art galleries etc.
	The current "Government Indemnity Scheme" is established under powers conferred by sections 16 and 16A of the National Heritage Act 1980. It empowers the Secretary of State to issue indemnities in favour of lenders, for the loss of or damage to objects loaned to certain institutions, bodies or persons, including museums, art galleries, libraries, and the National Trust.
	Section K4 - Property accepted in satisfaction of tax
	Paragraph 162 reserves the power to legislate in relation to payments to Her Majesty's Revenue and Customs in respect of property accepted in satisfaction of tax, and the disposal of such property.
	Section K5 - Sports grounds
	Paragraph 163 reserves sports grounds safety. This ensures a consistent approach to sports grounds safety across England and Wales to ensure the safety of spectators.
	This includes but is not limited to:
	-designation of sports grounds by the Secretary of State under the Safety of Sports Grounds Act 1975 as requiring a local authority safety certificate;
	-regulation of regulated stands under Part 3 of the Fire Safety and Safety of Places of Sports Act 1987;
	-the football licensing scheme established by the Football Spectators Act 1989 to regulate the spectator viewing accommodation, including a requirement for all-seater accommodation at Premier League and Football League Championship grounds.
	The Sports Grounds Safety Authority operates the licensing scheme and monitors local authority safety certificates.
	Head L - Justice
	Section L1 - The legal profession, legal services and claims management services
	This reservation covers legal services and the legal profession. This includes all matters within the subject matter of the Legal Services Act 2007, which provides the regulatory framework for legal services and provisions relating to the regulation of the legal profession; together with the establishment, powers and functions of the Legal Ombudsman scheme, through the Office for Legal Complaints.
	This reserves the regulation of authorised persons and entities, which are listed below and include the functions of the Legal Services Board, as the oversight regulator, and the individual regulators, which are themselves governed by different primary legislation or Charter in some cases). The Approved Regulators currently authorised and active are:
	The Law Society (through the Solicitors Regulation Authority)
	The Bar Council (through the Bar Standards Board)
	The Chartered Institute of Legal Executives (through CILEX Regulation)
	The Chartered Institute of Patent Attorneys (through the Intellection Property Regulation Board)
	The Institute for Trade Mark Attorneys (through the Intellection Property Regulation Board)
	The Institute of Chartered Accountants in England and Wales (through their Probate Committee)
	The Association of Costs Lawyers (through the Costs Lawyers Standards Board)
	The Council for Licenced Conveyancers
	The Master of the Faculties
	Section L2 - Legal aid
	Responsibility for the provision of legal aid in England and Wales rests with the Lord Chancellor under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (and its predecessor legislation, the Access to Justice Act 1999, which continues to apply to a number of older cases)
	The legal aid scheme is administered by the Legal Aid Agency, an executive agency sponsored by the UK Government’s Ministry of Justice. This section therefore provides that legal aid is a reserved matter.
	Section L3 - Coroners
	Paragraph 167 reserves the subject matter of Part 1 of the 2009 Act. This means that matters such as coroners’ statutory duties, appointments and remuneration, and areas for which coroners sit are reserved matters.
	Under Schedule 2 to the 2009 Act, if the Lord Chancellor is considering altering coroner areas in Wales he or she must consult Welsh Ministers and any other person he or she thinks appropriate.
	Under section 24 of the 2009 Act local authorities are responsible for funding local coroner services.
	Section L4 - Arbitration
	Paragraph 168 reserves arbitration. It is designed to prevent the Assembly from legislating about the subject of, and the law and procedures relating to, arbitration (e.g. the subject matter of the Arbitration Act 1996 and international treaties).  The reservation is not intended to cover other forms of alternative dispute resolution such as mediation or conciliation.
	Section L5 - Mental capacity
	Paragraph 169 reserves the subject matter of the Mental Capacity Act 2005. The 2005 Act provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes it clear who can take decisions, in which situations, and how they should go about this. It enables people to plan ahead for a time when they may lose capacity. It also establishes the Court of Protection, for taking decisions in cases concerning people who lack capacity, and the Office of the Public Guardian, with functions in in particular in relation to Lasting Powers of Attorney and the supervision of deputies appointed to take decisions on behalf of persons who lack capacity.
	The subject matter of the 2005 Act includes deprivation of liberty. Deprivation of Liberty Safeguards (DoLS) exist to protect individuals who lack capacity and are accommodated in a care home and/ or hospital and subject to restrictions on their freedom of movement and choice that may amount to a "deprivation of liberty".
	"Managing authorities" (care homes and hospitals) apply to "supervisory bodies" (local authorities) who commission independent assessments and make the ultimate decision as to whether to authorise a deprivation of liberty if shown to be the least restrictive appropriate care/ treatment and in the best interests of the person concerned.
	Section L6 - Personal data
	Paragraph 170 reserves the protection of personal data. The Data Protection Act 1998 is the current statutory framework which provides for the protection of personal data. The 1998 Act transposes Directive 95/46/EC into UK legislation.
	Section L7 - Information rights
	Paragraph 171 reserves public access to information held by a public authority. Information held by the Assembly, the Assembly Commission, the Welsh Government or any Welsh public authority is excepted from the reservation. However, information which has been supplied by a Minister of the Crown or government department and which is held by any of those bodies in confidence continues to be reserved. Subject to that qualification, however, the Assembly can legislate about public access to information held by any of the excepted bodies.
	Section L8 - Public sector information
	Paragraph 172 reserves the subject matter of the INSPIRE Regulations 2009 (S.I. 2009 No. 3157). These Regulations implement Directive 2007/2/EC, establishing an Infrastructure for Spatial Information in the European Community (INSPIRE).
	The aim of INSPIRE is to facilitate better environmental policy across the European Union by improving the joining up of and access to existing spatial data across the European Union. Spatial data is defined in the INSPIRE Regulations as any data with a direct or indirect reference to a specific location or geographical area. The INSPIRE Regulations impose a duty on public authorities to establish and operate network services in relation to any spatial data set or spatial data service they hold or operate. This enables the spatial data sets and spatial data services to be available for use by other public authorities. The INSPIRE Regulations also provide a mechanism for public access to spatial data sets and special data services, subject to limitations.
	This section reserves the subject matter of the Re-use of Public Sector Information Regulations 2015 (SI 2015 No. 1415). These Regulations implement Directive 2013/37/EU, which amends Directive 2003/98/EC, and govern the re-use of public sector information.
	The legal framework for the re-use of public sector information is designed to facilitate the re-use (by members of the public and organisations) of documents that public sector bodies have collected or produced in order to fulfil public tasks, for purposes other than those public tasks.
	Section L9 - Public records
	Paragraph 173 reserves the subject matter of the Public Records Act 1958 ("the 1958 Act"). The 1958 Act makes provision for the preservation, care of, and responsibility for, public records and provides a basis for archival custody by a statutory archival institute or other body.
	"Public records" are defined in Schedule 1 to the 1958 Act and comprise records of government departments and certain non- departmental public bodies.
	"Welsh public records" also currently fall within the 1958 Act by virtue of section 146 of GoWA. Welsh public records are defined in section 148 of GoWA. These include the records of the Welsh Government (the Welsh Office from 1964 until 1999; the National Assembly for Wales from May 1999 to June 2007; the Welsh Assembly Government from June 2007 to May 2011) and a number of Welsh bodies and establishments.
	Section L10 - Compensation for persons affected by crime and miscarriages of justice
	Paragraph 174 reserves the provision of compensation for persons affected by crime. This includes, for example, the Criminal Injuries Compensation Scheme made by the Secretary of State for Justice under the Criminal Injuries Compensation Act 1995 and the Victims of Overseas Terrorism Scheme made under section 47 of the Crime and Security Act 2010. The Criminal Injuries Compensation Authority administers both schemes.
	This section reserves the provision of compensation for miscarriages of justice. The Secretary of State for Justice will continue to administer the scheme under S.133 of the Criminal Justice Act 1988.
	Section L11 - Prisons and offender management
	Paragraph 175 reserves prisons and offender management.
	Sub-paragraph (1) sets out the reservation in respect of prisons and other institutions for the detention of persons charged with or convicted of offences. It should be read with the exception in respect of accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children or young persons.
	Sub-paragraph (2) reserves the management of persons charged with or convicted of offences (whether or not they are detained), and the management of other persons required to be detained. This includes all matters in relation to the detention of such persons or the management in the community of such persons, for example where a person is detained, how a person is treated, disciplinary measures, a person’s temporary release from detention and a person’s licence conditions.
	Sub-paragraph (3) sets out matters which are within the reservation and is not an exhaustive list. There are two exceptions. The first refers to accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children or young persons. The second refers to the provision of health care, social care, education, training or libraries in the context of prisons and offender management; both exceptions mean that these are devolved matters.
	Section L12 - Family relationships and children
	This reservation comprises four areas which cover the field of family law (family law and proceedings having been explicitly excepted from the conferred matter of social welfare under Schedule 7 to GoWA (now replaced)). Those areas are:
	(1) Marriage, civil partnership and cohabitation, covering the nature of the relationship and its formation; formal and substantial validity including formal requirements such as registration and capacity to enter into the relationship; the legal incidents of the relationship (such as the duty to maintain between spouses or civil partners, and the effect on property rights); and dissolution including the grounds and process for divorce or other dissolution, and financial provision and property adjustment on divorce or other dissolution;
	(2) Parenthood, parental responsibility, child arrangements and adoption, covering who is a parent, the nature of parental responsibility and how it is acquired and may be lost or its exercise restricted; private law arrangements for children (such as the various matters which may be the subject of a child arrangements order or other Part 2 order under the Children Act 1989); and adoption (including the nature and effect of adoption, and intercountry adoption as well as domestic adoption), but not services and facilities relating to adoption and adoption agencies and their functions, which are the subject of an exception to this reservation reflecting the carving out of this aspect from the exception to the conferred matter of social welfare under current Schedule 7 to the GoWA;
	(3) Public law children orders and proceedings, such as proceedings for care or supervision orders and other proceedings related to the care, supervision or protection of children. This does not include local authorities' duty to investigate under section 47 of the Children Act 1989 and applications for secure accommodation orders made by local authorities which are devolved.;
	(4) Civil remedies in respect of domestic violence, domestic abuse and female genital mutilation, such as non-molestation orders, occupation orders, forced marriage protection orders and other protective orders assigned to the family court or Family Division of the High Court.
	In this reservation the term ‘adoption’ is used to include both domestic and intercountry adoption. The functions of the Central Authority under the Hague Convention on Protection of Children and Co-operation in respect of intercountry adoption are not included in the exception for services and facilities relating to adoption and adoption agencies and their functions. This exception carves out from the reservation services and facilities which are provided to prospective adopters and adoptive parents both during the adoption process and post adoption and which may be provided directly by the Welsh Government or by some other means than through an adoption agency.
	The exception for "parental discipline" carves out from the reservation for parental responsibility, the right of a parent to discipline a child, this includes the right to administer reasonable chastisement to a child, or smacking. The Assembly has competence for the protection of children and young people and so would have the competence to ban smacking.
	Section L13 - Gender recognition
	Paragraph 180 reserves gender recognition. This is the process by which a person changes their legal gender and the legal implications and registration of that change.
	This means the subject matter of the Gender Recognition Act 2004 and the operation and functioning of the Gender Recognition Panel are reserved matters.
	Section L14 - Registration of births, deaths and places of worship
	Paragraph 181 reserves the registration of births (including stillbirths) and deaths and their associated functions. Death certification is an integral feature of the registration of deaths under the Births and Deaths Registration Act 1953 (which applies to England and Wales), and is therefore reserved.
	This section reserves the recording by the Registrar General of buildings used as places of religious worship under section 2 of the Places of Worship Registration Act 1855.
	Head M - Land and Agricultural Assets
	Section M1 - Registration of land
	Paragraph 182 reserves the registration functions relating to land and interests in land, commonhold land, land charges and local land charges (other than local land charges fees). More specifically, it covers the following:
Registration of title of estates and interests under the Land Registration Act 2002.
Registration of commonhold land and units under the Commonhold and Leasehold Reform Act 2002.
Registration of land charges and pending actions, writs and orders, deeds of arrangement and annuities under the Land Charges Act 1972.
Registration of local land charges under the Local Land Charges Act 1975.
	This reservation includes all matters relating to the keeping of the registers and all associated matters such as the provision of searches and information, the payment of compensation or indemnity and the setting of fees (other than fees for local land charges, as mentioned in the paragraph below).
	Fees for the registration of local land charges are excepted from the reservation and this maintains the current legislative position, as the power to set fees in relation to local land charges in Wales is exercisable by Welsh Ministers under the conferred powers model.
	The registration functions referred to in paragraphs 379 a-c above are the responsibility of the Chief Land Registrar (CLR) and are carried out by the office of HM Land Registry (HMLR). The CLR and HMLR are also subject to the protections in paragraphs 8 and 10 of Schedule 2 (new Schedule 7B to the Government of Wales Act 2006) as a reserved/public authority.
	Currently, the registers of local land charges are administered by local authorities in England and Wales and each local authority keeps a register relating to its own area. Section 34 of, and schedule 5 to, the Infrastructure Act 2015 provides for the transfer of this function to the CLR (the function being carried out by HMLR) and this transfer will take place on a phased basis. The reservation does not prevent the Assembly from exercising its powers to create a new local land charge for a devolved purpose, provided the new charge falls within the framework of the Local Land Charges Act 1975.
	Section M2 - Registration of agricultural charges and debentures
	Paragraph 183 reserves the subject matter of sections 9 and 14 of, and the schedule to, the Agricultural Credits Act 1928 (the 1928 Act) which relate to the registration of agricultural charges and debentures on farming stock. The keeping of the register of agricultural charges and debentures under the 1928 Act is the responsibility of the Chief Land Registrar and is carried out by the office of HM Land Registry.
	Section M3 - Development and buildings
	Paragraph 184 reserves planning including the subject matter of Parts 2 to 8 of the Planning Act 2008, but only in relation to certain classes of development. These classes are certain categories of nationally significant infrastructure project under the Planning Act 2008, overhead electric lines (other than devolved associated lines) and railways where the line crosses the border with England. The Government will provide guidance as to how this will affect relevant railways after consultation with the Welsh Government.
	Paragraph 185 reserves land compensation. Land compensation includes compensation for compulsory purchase; displacement from land as a result of other statutory powers; depreciation in the value of land not acquired, but affected by public works; and mitigation works to reduce the injurious effect of public works, which is compensation in kind.
	Paragraph 186 reserves the design and construction of buildings, the demolition of buildings, and services, fittings and equipment provided in or in connection with buildings in relation to buildings of the Crown and certain specified undertakers. The effect is that legislative competence for building standards is fully devolved except in relation to buildings on land specified in the reservation. Functions of the Secretary of State under the Building Act 1984 have largely been transferred to the Welsh Ministers. Certain further functions are transferred by section 54 (transfer of functions in relation to excepted energy buildings) of the Act.
	Head N - Miscellaneous
	Section N1 - Equal opportunities
	Paragraph 187 reserves equal opportunities (as defined in the interpretation provision) and outlines the exceptions to it..
	Specifically, the Assembly can encourage equal opportunities in Wales, including observance of the law on equal opportunities by employers, service providers and those who exercise public functions by means other than legislating for prohibitions or regulation.
	The Assembly may also impose duties on devolved Welsh authorities requiring them to put arrangements in place to ensure that their functions are carried out in a way that pays due regard to their obligations to meet equal opportunities law in Wales and Great Britain.
	The exception also specifies that the Assembly may legislate about the appointment of those with particular protected characteristics, (as defined in the Equality Act 2010) to non-executive appointments on the boards of devolved Welsh authorities.
	In addition the Assembly may introduce, for devolved Welsh authorities, protections and requirements that supplement but do not modify the existing provisions of the Equality Act 2010 and may for ease and effectiveness use passages from that Act when formulating new legislation, provided this does not affect how such text applies for the original purposes intended in the Act.
	Section N2 - Control of weapons
	Paragraph 188 reserves the control of weapons of mass destruction.
	There are three existing enactments dealing with matters covered by this reservation: the Biological Weapons Act 1974, which prohibits the development, production, acquisition and possession of certain biological agents and toxins and of biological weapons; the Chemical Weapons Act 1996, which is concerned with the control of chemical weapons and certain toxic chemicals; and the Nuclear Explosions (Prohibition and Inspections) Act 1998. Certain matters relating to firearms are also reserved.
	This reserves the control of nuclear, biological, chemical and any other weapon of mass destruction, as distinct from other weapons, such as firearms which is covered by section B13.
	Section N3 - Ordnance Survey
	Ordnance Survey is the national mapping agency of Great Britain and is a UK government-owned company. Mapping is not generally a reserved matter but, by reserving Ordnance Survey by name in Part 2 of Schedule 7A, this means paragraph 197 of Schedule 7A entitled ‘particular authorities’ applies and reserves the functions and constitution of Ordnance Survey.
	Section N4 - Time
	The reservation covers:
	- the designation of the timescales and time zones used in the UK and matters related to them such as Greenwich Mean Time or co-ordinated Universal Time;
	- the determination of summer time, under the Summer Time Act 1972;
	-the determination of units of time such as minutes, hours, days, months and years and the calendar generally;
	-the determination of bank holidays under the Banking and Financial Dealings Act 1971; and
	- the determination of the date of Easter.
	The computation of periods of time are excepted from this reservation.  This would for example cover whether particular days are to be included when periods of time are calculated. Also, when legislating on a devolved matter, the Assembly will have competence to prescribe when obligations expire or become unenforceable for the purposes of that legislation.
	Section N5 - Outer space
	Paragraph 191 reserves all matters connected with outer space. Under the Outer Space Act 1986 the Secretary of State is responsible for the granting of licenses to any UK body or person intending to engage in activities in outer space. This relates to the fact that the UK Government has potential liability under international law for damage caused through such activities. The licensing of such activities, and all other matters relating to the regulation of such activities is reserved.
	The reservation extends to all matters related to the regulation of activities in outer space. In addition the negotiation of international agreements relating to outer space would fall within the reservation of foreign affairs under paragraph 10 of Schedule 7A to GoWA.
	Section 108A of GoWA (inserted by section 3) sets the parameters for Assembly competence and states that Assembly legislation cannot extend beyond England and Wales and cannot apply otherwise than in relation to Wales (except in limited circumstances set out in section 108A(3)). This is because Wales is part of a single legal jurisdiction. These reservations differ from those in the Scotland Act 1998 because Scotland has a separate jurisdiction, which means the Scottish Parliament can legislate for activities taking place outside that jurisdiction. The UK Parliament can do likewise for England and Wales. Thus, in relation to Wales, this reservation bites on activities that would take place in Wales relating to outer space. The same considerations apply to the reservation for Antarctica below.
	Section N6 - Antarctica
	Paragraph 192 extends to all matters connected with Antarctica. The Antarctic Acts 1994 and 2013 give effect to obligations of the United Kingdom under the Antarctic Treaty and the Treaty’s Environmental Protocol (the Protocol). Under the 1994 Act the Secretary of State is responsible for granting permits, which are required for all British expeditions to Antarctica, for British vessels and aircraft entering Antarctica and for certain activities in Antarctica by United Kingdom nationals. The 2013 Act implements Annex VI to the Protocol, and requires Antarctic operators (governmental and non-governmental) to take preventative measures to reduced the risk of environmental emergencies in Antarctica, to establish contingency plans and to take prompt and effective response action to environmental emergencies arising from their activities. The negotiation of international agreements and formation of policy relating to Antarctica falls within the reservation for foreign affairs under paragraph 10 of Schedule 7A.
	Section N7 - Deep sea bed mining
	Paragraph 193 reserves activities for the purposes of deep sea bed mining operations. Part XI of the United Nations Convention on the Law of the Sea, as modified by an Agreement on the Implementation of Part XI adopted in 1994 ("the Convention"), makes provision for the regulation of mining on the deep sea bed. In broad terms, the system involves a contractor being sponsored by a State Party, which must in turn be able to exercise effective control over that contractor under its own law. A contractor must then enter into a contract with the International Seabed Authority before it can start exploring for or exploiting the mineral resources of the deep sea bed. The Deep Sea Mining Act 1981 (as amended by the Deep Sea Mining Act 2014) gives effect to the UK’s obligations under the Convention. It confers powers on the Secretary of State to grant exploration or exploitation licences allowing persons to exploit or explore mineral resources of a specified description in a specified area of the deep sea bed. The reservation extends to all matters for the purposes of deep sea mining operations. Negotiation of international agreements relating to the deep sea bed are covered by the reservation for foreign affairs under paragraph 10 of Schedule 7A.
	PART 3 – GENERAL PROVISIONS
	Part 3 of the new Schedule 7A GoWA inserted by Schedule 1 makes general provision about certain devolved Welsh authorities, the reservation of particular authorities mentioned or described in Part 2 of the Schedule, Welsh language functions and the interpretation of the Schedule.
	The effect of paragraph 194 is that the reservation of subject matters by Schedule 7A does not reserve the constitution of a devolved Welsh authority even if that authority has some reserved functions in consequence.  Nor does Schedule 7A reserve the functions specifically exercisable in relation to such an authority (such as appointments to the board) nor accounting or procurement functions of such an authority. The expression of "devolved Welsh authorities" is defined in section 4.
	By virtue of paragraph 195 of Schedule 7A, the reservation for the Crown does not apply to a public authority with no reserved functions if it has no functions exercisable in relation to England or it is a devolved Welsh authority. A current example of such an authority is HM Chief Inspector of Education and Training in Wales (Estyn).
	Paragraph 196 extends paragraph 194 to cover devolved tribunals.
	Paragraph 197 reserves the constitution and functions of particular authorities. The particular authorities are those referred to in subparagraph (2). The Assembly may not legislate in relation to the authorities concerned, notwithstanding that the body may have certain functions concerning a devolved subject, for example, the educational functions of the BBC. Therefore the Ministerial consent procedure in paragraphs 8 and 10 of Schedule 7B do not apply to the particular authorities. However, this paragraph is subject to paragraph 198 and 199 of Schedule 7A.
	Paragraph 198 provides that Schedule 7A) does not reserve the imposition, conferral, modification or of Welsh language functions (other than where they relate to a court). This provision must be read in conjunction with paragraphs 8(1)(a) and 11(1)(b) of Schedule 7B. These paragraphs impose a condition of the consent of a UK Minister before the Assembly may impose functions on a reserved authority exercisable in relation to the Welsh language. An example of this is the imposition of Welsh language standards under the Welsh Language Measure 2011. Essentially, paragraph 198 provides that particular authorities are to be treated as reserved authorities in relation to the Welsh language.
	Paragraph 199 provides that council tax precepts are not reserved. Police and Crime Commissioners receive funding through council tax precepts. Policing and Police and Crime Commissioners in Wales are reserved by virtue of Section B5 of Schedule 1. Paragraph 199 makes clear that the Assembly has competence in relation to council tax policy.
	Paragraph 200 provides that, where a reservation in Schedule 7A is expressed in terms of the "subject-matter of" a particular Act, its subject-matter is to be determined as follows:
on the principal appointed day (the date of which will be set out in regulations made under section 71),
(if repealed before the principal appointed day) as it existed immediately before its repeal, or
(if not yet in force on the principal appointed day) as it exists on the principal appointed day i.e. treated as if it were in force on that day.
	The intention is that amendments to Acts after commencement of this Act will not disturb the devolution settlement as set out in this Act.