Part 1: Constitutional Arrangements Chapter 3: Legislative competence Schedule 1: New Schedule 7A to the Government of Wales Act 2006 PART 1 – GENERAL RESERVATIONS
The Constitution
	Paragraph 1 provides that certain aspects of the Constitution are reserved matters. These aspects are:
the Crown, including the succession to the Crown and a regency,
the union of the nations of Wales and England,
the Parliament of the United Kingdom.
	The general reservation of "the Crown" in paragraph 1 includes matters such as honours and appointments.
	Paragraph 2-4 provide for exceptions to be made from that basic reservation; they also clarify the scope of what is excepted and what is reserved.
	Paragraphs 2(1)(a) and 2(1)(b) provide that paragraph 1 does not reserve Her Majesty’s executive functions or functions exercisable by any person acting on behalf of the Crown. This enables the Assembly to legislate about those functions where they do not relate to other reserved matters.
	Paragraph 2(1)(c) provides that paragraph 1 does not reserve the use of the Welsh Seal. The creation of a Welsh Seal is provided for under section 116(1) of the GoWA. That Act also provides that the First Minister is to be the Keeper of the Welsh Seal (section 116(2)) and that the Seal is to be used in connection with the Royal Assent to Assembly Bills (section 115(4)). By paragraph 13 of Part 1 of Schedule 7 to that Act the Assembly is able to provide that the Welsh Seal should have other uses; by paragraph 2(1)(c) of this reservation the Assembly retains legislative competence as regards the Welsh Seal.
	Paragraph 2(2) provides that paragraph 2(1) does not affect the reservation by paragraph 1 of the management of the Crown Estate in accordance with any enactment regulating the use of land. This ensures that the Assembly cannot legislate about the Crown Estate Commissioners or their functions of managing the Crown property, rights and interests known as the Crown Estate under the Crown Estate Act 1961.
	Paragraph 2(3) provides that paragraph 2(1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters. This supplements the reservations in Section B3 (national security and official secrets) of the Schedule.
	Paragraph 2(4) clarifies that, in paragraph 2, the meaning of "executive function" does not include a function conferred or imposed by any legislation or the prerogative.
	Paragraph 3 provides for an exception to the general reservation of the Crown, in paragraph 1, in respect of Crown property; it also clarifies the scope of what is excepted and what is reserved.
	Paragraphs 3(1) and 3(2) provide that paragraph 1 does not have the effect of reserving Crown property, namely property belonging to Her Majesty in right of the Crown, to Her Majesty in right of the Duchy of Lancaster, or to the Duchy of Cornwall. Crown property also includes property belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown. This will enable the Welsh Assembly to apply its legislation to Crown property, subject to any provisions in other reservations.
	Paragraph 3(3) carves out, and therefore re-reserves, a number of matters from the exception in paragraphs 3(1) and 3(2), providing that this exception does not affect the reservation by paragraph 1 of:
	- the hereditary revenues of the Crown;
	- the royal arms and standard; and
	- the compulsory acquisition of property belonging to Her Majesty in right of the Crown or to Her Majesty in right of the Duchy of Lancaster, belonging to the Duchy of Cornwall, or held or used by a Minister of the Crown or government department.
	Paragraph 4 provides for an exception to the general reservation of the Crown, in paragraph 1, in respect of property held by Her Majesty in Her private capacity, but also includes a carve out, and therefore re-reserves, the subject matter of the Crown Private Estates Acts 1800 to 1873.
	Public service
	Paragraph 5 states that the Civil Service of the State is a reserved matter. The Civil Service includes the Home Civil Service (which includes staff of the Welsh Government, see section 52 of GoWA) and the Diplomatic Service. The effect is that the Assembly is not able to legislate about matters relating to Civil Servants in Wales, including their recruitment, selection, management, conduct, discipline, numbers, grading and terms and conditions of service. Matters relating to Civil Service pensions are reserved by Section F4 of this Schedule.
	The Home Civil Service is ultimately regulated by the Royal Prerogative, and its management has been delegated to the Minister for the Civil Service. The Civil Service Management Code is issued under the authority of the Civil Service Order in Council 1995. Under the Civil Service (Management Functions) Act 1992, the Minister for the Civil Service has further delegated management functions to Ministers and office holders in charge of Departments. These include the authority to prescribe qualifications for appointment as Civil Servants, to determine the number and grading of posts (outside the Senior Civil Service) in such Departments and a wide range of other management functions.
	Political parties
	Paragraph 6 reserves the registration of political parties and the funding of political parties, including accounting requirements, although paragraph 7 excludes from this the making of payments to any political party for the purpose of assisting members of the Assembly to perform their Assembly duties. Section 24 of GoWA makes provision for financial assistance to groups of Assembly members.
	Single legal jurisdiction of England and Wales
	Paragraph 8 reserves the single legal jurisdiction of England and Wales so as to reserve the core elements of the shared legal system of England and Wales. This includes the courts, judges, civil and criminal proceedings, pardons for criminal offences, private international law and judicial review of administrative action.
	This maintains the common court structure and judiciary in England and Wales as well as common rules on civil and criminal proceedings including bail, costs, custody pending trial, disclosure, enforcement, evidence (which include rules on burden and standard of proof), procedure, limitation of actions, prosecutors and remedies.
	The reference to sentencing in paragraph 8(1)(c) of Schedule 7A protects the decision-making process the judge must follow in sentencing. This would involve, for example, the requirements set out in the Criminal Justice Act 2003 to consider the purposes of sentencing; to take into account the statutory aggravating factors; to follow sentencing guidelines; to decide whether the community order or custody threshold is passed; and to impose a sentence commensurate with the seriousness of the offence.
	By virtue of paragraph 8(1)(d), the Assembly is not able to legislate to pardon people for criminal offences.
	Paragraph 8(1)(e) reserves private international law so that the way the single jurisdiction of England and Wales deals with laws from other jurisdictions is reserved and paragraph 8(1)(f) reserves judicial review of administrative action.
	"Prosecutors" in paragraph 8(1)(c) refers to anyone who commences a prosecution, including the Crown Prosecution Service and Serious Fraud Office, government departments and governmental organisations, statutory bodies such as local authorities and regulators, and private bodies and individuals. However, as clarified by paragraph 8(2), the Assembly may specify who has prosecuting responsibility for a devolved offence but the procedure of how prosecutions are conducted including provision for immunity from prosecution such as under section 71 of the Serious Organised Crime Act 2005 or the power of the CPS to take over criminal proceedings under section 6(2) of the Prosecution of Offences Act 1985, even for devolved offences, remains reserved by way of the criminal proceedings reservation. Should the Assembly wish to specify a reserved authority as being responsible for prosecuting a devolved offence or require such a reserved authority to obtain consent before prosecuting, then this is possible with the consent of the appropriate Minister: paragraphs 8(1)(a) or 10(1) of new Schedule 7B.
	Paragraph 8(3) excepts from Paragraph 8(1) the constituent functions of Cafcass Cymru (the Children and Family Court Advisory and Support Service in Wales). This is a department of the Welsh Government. Therefore these functions are not reserved.
	Tribunals
	Paragraph 9 reserves tribunals, including membership of tribunals, appointment and remuneration of tribunal members, tribunal functions, tribunal procedure and appeals against tribunal decisions. It does not reserve any devolved tribunal (a tribunal which has exclusively devolved functions exercisable only in Wales) (paragraph 9(2)).  Nor does it reserve any application or appeal which relates to a devolved matter (and is not an appeal against the decision of a tribunal other than a devolved tribunal) where the appeal or application is to a tribunal which has devolved functions and reserved functions (paragraph 9(3)). For example, an Assembly Act could make provision for a right of appeal from a devolved tribunal to the Upper Tribunal.
	The Tribunals, Courts and Enforcement Act 2007 is the main statute in relation to tribunals.   It establishes the First-tier Tribunal and Upper Tribunal in England and Wales and makes provision with respect to their membership and composition, functions, jurisdiction, appeals and procedure.
	Foreign affairs etc.
	Paragraph 10(1) reserves foreign affairs. The areas reserved include regulation of international trade, international development assistance and co-operation and international relations. International relations encompass relations with the European Union and its institutions, relations with territories outside the UK and with other international organisations. This means that the conduct of international relations, including conduct of relations with the European Union are matters reserved to the UK Parliament and UK Government.
	Certain areas fall outside the scope of the reservation. Sub-paragraph (3)(a) provides that these areas include observing and implementing international obligations, obligations under the Human Rights Convention and obligations under EU law. EU law and international obligations are defined in section 158(1) of the GoWA. The Human Rights Convention is defined in paragraph 10 as meaning the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols. The effect of sub-paragraph (3)(a) is that the Assembly will be able to legislate for the purpose of observing and giving effect to those obligations so far as they relate to devolved matters.
	In relation to executive competence in this area, no power has been conferred on Welsh Ministers to implement international obligations. Section 82 of GoWA gives the Secretary of State the power to direct Welsh Ministers both to desist from any action incompatible with international obligations or that action is required by them to give effect to such obligations. Section 114 of GoWA gives the Secretary of State the power to make an intervention order if provisions in an Assembly bill are incompatible with any international obligation. Section 81 limits the power of Welsh Ministers to make subordinate legislation that is incompatible with Convention rights.
	Further, certain enactments are protected from modification by the Assembly by virtue of paragraph 5 of new Schedule 7B to GoWA. These include the European Communities Act 1972 and the Human Rights Act 1998.
	Defence
	Paragraph 11 reserves all matters relating to defence and the armed forces. Defence includes matters relating to the armed forces (including, for example, their equipment, resources and deployment), defence policy, strategy, planning and intelligence, and plans for the maintenance of essential supplies and services in case of war.
	Paragraph 11(a) reserves the defence of the realm. The defence of the realm is a supplementary concept to that of the armed forces (which are identified separately, see below) designed to cover all the matters for which the Ministry of Defence is responsible, for defence purposes. These matters include the various defence establishments and contractors carrying out work for defence purposes the Ministry of Defence Police and the services cadet forces (which do not form part of the armed forces but serve defence purposes), and special provisions for the acquisition, use or disposal of land and property for defence purposes.
	Paragraph 11(b) reserves the naval, military and air forces of the Crown, including reserve forces. This makes it clear that all matters concerned with the armed forces themselves are reserved. This includes their command, establishment, maintenance, organisation, staffing and funding and all matters connected with the enlistment, management, disciplining (including policing, prosecution and trial within the armed forces’ system of justice) and pay and conditions and allowances of both the military and civilian components of the armed forces and the civilian component, such as contractors working abroad for the armed forces, of the armed forces’ community). This reservation also covers the creation of offences relating particularly to the armed forces (for example, the unauthorised wearing of military uniforms), matters concerned with the territorial, auxiliary and volunteer reserve associations, special provisions relating to the status of members of the armed forces and the disclosure of information on military activities. The reservation also covers benefits to members and former members of the armed forces and their dependants and the matter of war graves. Equipment and explosives research for the purposes of the armed forces are also covered.
	Paragraph 11(c) reserves all matters relating to visiting forces. These are the armed forces of other countries visiting or based in the UK, including both their military and civilian components.
	Paragraph 11(d) reserves international headquarters and defence organisations. This is simply to make clear that matters concerned with headquarters or organisations designated for the purposes of the International Headquarters and Defence Organisations Act 1964 are reserved.
	Paragraph 11(e) reserves trading with the enemy and enemy property. This covers matters relating to the control of trade with the enemy and the confiscation, control or administration of enemy property. These matters are all aspects of the conduct of war and the conclusion of peace.