Reserved Powers Model
The Wales Act 2017 provided a new devolution settlement for Wales, with the Conferred Powers Model replaced with a Reserved Powers Model. The Reserved Powers Model allows the Senedd to make laws on matters that are not reserved to the UK Parliament.
There are a number of legal tests that must be passed under the Reserved Powers Model, for example, Acts of the Senedd must not relate to any reserved matter set out in the new Schedule 7A (such as modern slavery, electricity, road and rail transport, medicines).
Also, Senedd Acts must not breach any of the restrictions set out in new Schedule 7B.
Schedule 7A - Reserved Matters
The following subject headings are listed in the new Schedule 7A which contains all of the matters that are reserved to the UK Parliament.
Part 1 – General Reservations
- The Constitution
- Public service
- Political parties
- Single legal jurisdiction of England and Wales
- Tribunals
- Foreign affairs etc.
- Defence
Part 2 – Specific Reservations
Head A – Financial and Economic Matters
Section A1 – Fiscal, economic and monetary policy
Section A2 – The currency
Section A3 – Financial services
Section A4 – Financial markets
Section A5 – Dormant accounts
Head B – Home Affairs
Section B1 – Elections
Section B2 – Nationality and immigration
Section B3 – National security and official secrets
Section B4 – Interception of communications, communications data and surveillance
Section B5 – Crime, public order and policing
Section B6 – Anti-social behaviour
Section B7 – Modern slavery
Section B8 – Prostitution
Section B9 – Emergency powers
Section B10 – Extradition
Section B11 – Rehabilitation of offenders
Section B12 – Criminal records
Section B13 – Dangerous items
Section B14 – Misuse of and dealing in drugs or psychoactive substances
Section B15 – Private security
Section B16 – Entertainment and late night refreshment
Section B17 – Alcohol
Section B18 – Betting, gaming and lotteries
Section B19 – Hunting
Section B20 – Scientific and educational procedures on live animals
Section B21 – Lieutenancies
Section B22 – Charities and fund-raising
Head C – Trade and Industry
Section C1 – Business associations and business names
Section C2 – Insolvency and winding up
Section C3 – Competition
Section C4 – Intellectual property
Section C5 – Import and export control
Section C6 – Consumer protection
Section C7 – Product standards, safety and liability
Section C8 – Weights and measures
Section C9 – Telecommunications and wireless telegraphy
Section C10 – Post
Section C11 – Research Councils
Section C12 – Industrial development
Section C13 – Protection of trading and economic interests
Section C14 – Assistance in connection with exports of goods and services
Section C15 – Water and sewerage
Section C16 – Pubs Code Adjudicator and the Pubs Code
Section C17 – Sunday trading
Head D – Energy
Section D1 – Electricity
Section D2 – Oil and gas
Section D3 – Coal
Section D4 – Nuclear energy
Section D5 – Heat and cooling
Section D6 – Energy conservation
Head E – Transport
Section E1 – Road transport
Section E2 – Rail transport
Section E3 – Marine and waterway transport etc.
Section E4 – Air transport
Section E5 – Transport security
Section E6 – Other matters
Head F – Social Security, Child Support, pensions and Compensation
Section F1 – Social security schemes
Section F2 – Child Support
Section F3 – Occupational and Personal Pensions
Section F4 – Public sector compensation
Section F5 – Armed forces compensation etc.
Head G – Professions
Section G1 – Architects, auditors, health professionals and veterinary surgeons
Head H – Employment
Section H1 – Employment and industrial relations
Section H2 – Industrial training boards
Section H3 – Job search and support
Head J – Health, Safety and Medicines
Section J1 – Abortion
Section J2 – Xenotransplantation
Section J3 – Embryology, surrogacy and genetics
Section J4 – Medicines, medical supplies, biological substances etc.
Section J5 – Welfare foods
Section J6 – Health and safety
Head K – Media, Culture and Sport
Section K1 – Media
Section K2 – Public lending right
Section K3 – Government Indemnity Scheme
Section K4 – Property accepted in satisfaction of tax
Section K5 – Sports grounds
Head L – Justice
Section L1 – The legal profession, legal services and claims management services
Section L2 – Legal aid
Section L3 – Coroners
Section L4 – Arbitration
Section L5 – Mental capacity
Section L6 – Personal data
Section L7 – Information rights
Section L8 – Public sector information
Section L9 – Public records
Section L10 – Compensation for persons affected by crime and miscarriages of justice
Section L11 – Prisons and offender management
Section L12 – Family relationships and children
Section L13 – Gender recognition
Section L14 – Registration of births, deaths and places of worship
Head M – Land and Agricultural Assets
Section M1 – Registration of land
Section M2 – Registration of agricultural charges and debentures
Section M3 – Development and buildings
Head N – Miscellaneous
Section N1 – Equal opportunities
Section N2 – Control of weapons
Section N3 – Ordnance Survey
Section N4 – Time
Section N5 – Outer space
Section N6 – Antarctica
Section N7 – Deep sea bed mining
Schedule 7B: Restrictions
Schedule 7B sets out certain restrictions on the Senedd’s powers. For example, Acts of the Senedd:
- must not generally modify the law on reserved matters;
- must not modify private law (such as contract, tort, property) unless it is for a devolved purpose,
- must not modify certain criminal offences (such as serious offences against the person and any sexual offences) and must not modify certain rules around criminal law (such as the age a person can commit a criminal offence and the meaning of dishonesty);
- must not modify certain enactments such as the Human Rights Act 1998 and the Civil Contingencies Act 2004;
- must not modify any of the 2006 Act unless an exception applies;
- must not confer or impose functions on reserved authorities (such as Ministers of the Crown, the Crown Prosecution Service and the Health & Safety Executive) without the consent of the UK Government.
