Sch 10 para 25
Any special matter of criminal penalties, evidence or procedure relating to matters not included in any Group in Part I of this Schedule. Deportation and extradition. Part III ENACTMENTS RELATING TO THE GROUPS IN Part I Whether, or how far, matters Enactment dealt with are included in the Groups The Anatomy Acts 1832 and Included. 1871. The Harbours, Docks and Not included. Piers Clauses Act 1847 (c.27), sections 28 and 102. The Salmon Fisheries (Scot- Not included. land) Act 1863 (c.50), section 4. The Congested Districts (Scot- Included, so far as relating to land) Act 1897 (c.53), section the erection and formation of 4(1)(e). fishermen’s dwellings and holdings in congested districts. The Development and Road Not included. Improvement Funds Act 1909 (c.47), Part I. The Registration of Business Not included. Names Act 1916 (c.58). . The National Library of Scot- The power to recommend to land Act 1925 (c.73). Her Majesty the appointment of members of the Board of Trustees is not included. The Land Drainage (Scotland) Not included, except for the Act 1930 (c.20) sections 7 and power of consent under section 8. 7 which is included so far as it relates to land vested in the First Secretary or held for tne purposes of a Scottish Secretary. 54 c. 51 Scotland Act 1978 Scu.10 | Enactment Whether, or how far, matters dealt with are included in the Groups The Harbours, Piers and Not included, except that sec- Ferries (Scotland) Act 1937 tion 5(6) is included so far as it (c.28), sections 5(6), 9(a) and (d) relates to matters other than and 26. works to be constructed below the high water mark of ordinary spring tides. The Disabled Persons Not included. (Employment) Acts 1944 and 1958. The Hill Farming Act 1946 Not included, except for the (c.73). matters dealt with in sections 23 to 31. The Statistics of Trade Act Not included. 1947 (c.39). The Acquisition of Land Not included. (Authorisation Procedure) (Scotland) Act 1947 (c.42). The National Health Service Not included. (Scotland) Act 1947 (c.27), Schedule 3 paragraph 6. The Radioactive Substances The power under section Act 1948 (c. 37), sections 5(1)(b) 5(1)(b) is not included so far and 7. as it relates to sites and premises mentioned in section 2(1) and (2) of the Radioactive Substances Act 1960 (c.34) ; and the matters dealt with in section 7 are included only in relation to offences under regulations made by a Scottish Secretary. The Agriculture (Scotland) Act Included, except for the 1948 (c.45), Parts IV and V. matters dealt with in sections 55(d), 56 and 61(2) so far as they relate to land used wholly or mainly for agricultural research or experiment. The Civil Aviation Act 1949 Included, except for the matters (c.67), Part III and section 56. dealt with in section 37. The Coast Protection Act 1949 Included except that— (c.74), Part I. (a) the powers of the Treasury under section 11(2)(b) and the power to determine questions under section 32 are not inciuded ; Scotland Act 1978 c. 51 55 Enactment Whether, or how far, matters ~ Scn.10 dealt with are included in the Groups (b) the powers to give directions under section 17(5) and determine questions under section 17(8) are not included so far as exercisable in relation to excepted statutory undertakers in cases where an objection is made by a coast _— protection authority ; (c) the power to give consent under section 32 is included only so far as it relates to land vested in the First Secretary or held for the purposes of a Scottish Secretary ; (d) the matters dealt with in section 46 are included only so far as relating to matters with respect to which a Scottish Secretary exercises functions. The Agricultural Holdings Included so far as it relates to (Scotland) Act 1949 (c.75), sec- land vested in the First Secretary tion 86. or held for the purposes of a Scottish Secretary. The National Parks and The matters dealt with in Part Access to the Countryside Act VI are included so far as that 1949 (c.97). Part is applicable to section 21 ; and the matters dealt with in section 101 are included so far as relating to land vested in the First Secretary or held for the purposes of a Scottish Secretary. The Shops Act 1950 (c.28), Included. section 67. The Nurses (Scotland) Act Included. 1951 (c.55), Part ITI. The Rivers (Prevention of Pol- Not included. lution) (Scotland) Act 1951, (c.66), section 29. The Historic Buildings and Not included. Ancient Monuments Act 1953 (c.49), section 7. 56 c. 51 Scotland Act 1978 Scu. 10 Enactment Whether, or how far, matters dealt with are included in the Groups The Clean Air Act 1956 (c. 52), Not included, except so far as section 22. relating to property vested in the First Secretary or held for the purposes of a Scottish Secretary. The Prevention of Fraud (In- Not included. vestments) Act 1958 (c.45). The Opencast Coal Act 1958 Not included. (c.69), section 2. The Building (Scotland) Acts The powers to give approval, 1959 and 1970. directions and consent under section 26 of the Building (Scotland) Act 1959 (c.24) (but not to determine questions) are included only so far as they relate to buildings or land vested in the First Secretary or held for the purposes of a Scottish Secretary. The Weeds Act 1959 (c. 54). Included. The Road Traffic Act 1960 The following matters are not (c.16). included : — (a) those dealt with in section 120 so far as relating to the establishment ; of traffic commissioners and their power and duty of issuing licences ; (b) those dealt with in section 135(1) so far as relating to the authority having power to grant a road service licence ; (c) those dealt with in section 137(1) ; (d) the other matters dealt with in Part III, except so far as they relate to the two traffic commissioners other than the chairman and to road service licences or permits under section 30 of the Transport Act 1968 (c.73) ; and (e) the matters dealt with otherwise than in Part I. Scotland Act 1978 ce. 51 57 Enactment Whether, or how far, matters Scu. 10 dealt with are included in the Groups. The Radioactive Substances Included, except that— Act 1960 (¢.34). (a) the matters dealt with in section 2(1) and (2) are not included ; (b) the matters dealt with in sections 6 to 8 are not included so far as they relate to sites and premises mentioned in section 2(1) and (2); (c) the powers under section 10 are not included so far as they relate to such sites and premises ; (d) the powers under section 12 are not included, so far as they relate to premises mentioned in subsection (3)(b) of that section ; (e) the powers under section 14(3) are included only so far as they relate to premises vested in the First Secretary or held for the purposes of a Scottish Secretary. The Mental Health (Scotland) The power to recommend to Act 1960 (c.61), section 2(4). Her Majesty the appointment of Commissioners is not included. The Flood Prevention (Scot- The power to determine quesland) Act 1961 (c.41), section tions | is not included. 14(2). The Human Tissue Act 1961 Included. (c.54). The Transport Act 1962 (c.46). Not included, except that— (a) the matters dealt with in sections 62, 63 and 91 are included ; (b) the matters dealt with otherwise than in sections 21 and 27(6) are included so far as they telate to the Scottish Transport Group and its subsidiaries ; 58 c. 51 Scotland Act 1978 Scu. 10 Enactment Whether, or how far, matters dealt with are included in the Groups (c) the matters dealt with in Parts I, II and II (except sections 21 and 27(6) and Schedule 1) and sections 66, 86, 89 and 90 are included so far as they relate to the property and activities of the British Waterways Board and _ its subsidiaries. The Education (Scotland) Act The following matters are not 1962 (c.47). included :— (a) so much of sections 49 and 75(f) as relates to grants, bursaries, scholarships or other allowances to persons attending courses of initial teacher training, courses leading to a degree of a university or to a Higher National Diploma or courses of equivalent or higher standard ; (b) any provision relating to , the Carnegie Trust ; (c) the power to recommend to Her Majesty the appointment of inspectors of schools (section 145(24)). The Pipe-lines Act 1962 (c.58), Not included. section 5. The Protection of Depositors Not included. Act 1963 (c.16). The Land Compensation Not included, except for the (Scotland) Act 1963 (c.51). matters dealt with in Parts IT and IV. The Housing Act 1964 (c. 56), Not included. section 8. The Local Government (De- Not included, so far as relating velopment and Finance) (Scot- to the erection of industrial land) Act 1964 (c.67), section 7. buildings, within the meaning of Scotland Act 1978 c. 51 59 Enactment Whether, or how far, matters — Scu. 10 dealt with are included in the Groups. section 64 of the Town and Country Planning (Scotland) Act 1972 (c.52). The Highlands and Islands De- Not included. velopment (Scotland) Acts 1965 and 1968. The Science and Technology Not included so far as relating Act 1965 (c.4). to bodies which are Research Councils for the purposes of the Act. The Rivers (Prevention of Pol- Not included. lution) (Scotland) Act 1965 (c.13), section 8. The Law Commissions Act Included so far as relating to 1965 (c. 22). the Scottish Law Commission. The Registration of Births, Included. Deaths and Marriages (Scotland) Act 1965 (c. 49), section 1(1). The Nuclear Installations Act Not included. 1965 (c.57). The Housing (Scotland) Act Not included. 1966 (c. 49), section 25. The Local Government (Scot- The matters dealt with in land) Act 1966 (c.51). section 11, and the power in section 18(3) to determine questions (so far as it relates to excepted statutory undertakers), are not included. The Forestry Act 1967 (c *9), Included. section 15. The Parliamentary Commis- Included (subject to section 76 sioner Act 1967 (c.13). of this Act). The Agriculture Act 1967 Included, except for the mat- (c.22), Part III. ters dealt with in sections 43 and 44, The Housing Subsidies Act Not included. 1967 (c.29), Part II. The Countryside (Scotland) Act The powers under section 73 1967 (c.86). are included only so far as exercisable in relation to land vested in the First Secretary or held for the purposes of a Scottish Secretary ; and the matters dealt with in section 58 are not included. Cc 60 c. 51 Scotland Act 1978 Scu. 10 Enactment Whether, or how far, matters dealt with are included in the Groups The Abortion Act 1967 (c.87). Not included. The New Towns (Scotland) Act Not included, except that— 1968 (c.16), sections 4, 10(3), (a) the matters dealt with 14(2), 18, 19(1) (proviso), 24, 28, in sections 4 and 18 30(1), (3) and (5), 38A, 47(4) and are excluded only in Schedules 3, 4 and 8. relation to the disposal of premises or other land for industrial purposes ; (b) those dealt with in section 28 are excluded only so far as they relate to representations made by excepted statutory undertakers ; (c) those dealt with in sections 10(3), 30(1), (3) and (5), 47(4) and Schedule 8 are excluded only so far as_ they relate to excepted statutory undertakers or operational land of such undertakers. The Trade Descriptions Act Not included. 1968 (c.29). The Housing (Financial Pro- Not included. visions) (Scotland) Act 1968 (c.31), section 50. The Sewerage (Scotland) Act The power to determine ques- 1968 (c.47). tions under section 55(4) is not included. The Civil Aviation Act 1968 Included. (c.61), sections 1 to 6, 8, 12, 21, 22 and 27. The Transport Act. 1968 (c.73). Not included except that— (a) the matters dealt with in sections 9 to 19, 20(1) to (5) and (8), 21 to 23, 30, 31, 34, 36, 37, 56, 57, 110 and 138 are included ; (b) the power to make regulations under section Scotland Act 1978 c. 51 61 Enactment Whether, or how far, matters Scu. 10 dealt with are included in the Groups 135, by virtue of subsection (1)(d) of that section, is included ; (c) the matters dealt with in section 26(1)(a) are included so far as relates to. passenger services within Scotland and passenger services by road outside Scotland ; (d) the matters dealt with in section 162 are included except so far as subsection (2) provides for determination of disputes ; (e) the powers under sections 116 to 119, 121 and 122 are included so far as exercisable in , relation to bridges over inland waterways ; (f) the powers under sections 157 and 158 are included so far as exercisable in relation to functions exercised by a Scottish Secretary ; (g) the powers under sections 7, 8 and 29 are included so far as they relate to schemes. or orders transferring property to or from the Scottish Transport Group or any of its subsidiaries ; (h) the powers under section 135(6) are included in cases where the Scottish Transport Group is the compensating authority ; (i) the matters dealt with in the other provisions of the Act are included so far as they relate to the Scottish Transport 62 c. 51 Scotland Act 1978 Scu. 10 Enactment Whether, or how far, matters dealt with are included in the Groups Group and its subsidiaries ; (j) the matters dealt with in Parts ITV and VII are included so far as they relate to the British Waterways Board and its subsidiaries. The Housing (Scotland) Act Not included. 1969 (c. 34), section 21. : The Post Office Act 1969 Not included. (c.48), Schedule 4 paragraph 93(4). The Development of Tourism Included, so far as relating to Act 1969 (c.51). the Scottish Tourist Board and hotels and other establishments in Scotland, except that— (a) the matters dealt with in section 1(2) and paragraph 18 of Schedule 1 are not included ; (b) the matters dealt with in sections 19 and 20 are not included so far as they relate to grants or loans made under Part Il. The Roads (Scotland) Act The power of the Treasury 1970 (c.20), section 44. under subsection (4) is not included and the other matters dealt with are included only so far as relating to land vested in the First Secretary or held for the purposes of a Scottish Secretary. The Chronically Sick and Dis- Not included. abled Persons Act 1970 (c.44), sections 9, 21 and 23. The Radiological. Protection Not included. Act 1970 (c.46). The Fire Precautions Act 1971 Not included. (c.40), sections 36(4) to (6) and 41. The Prevention of Oil Pollu- Not included, except that the tion Act 1971 (c.60). power in section 23(b) is included so far as it relates to— (a) discharges from land in Scotland ; and Scotland Act 1978 c. 51 63 Enactment Whether, or how far, matters Scu. 10 dealt with are included in the — Groups (b) discharges (otherwise than from land or vessels) into tidal waters in Scotland or other waters which are adjacent to Scotland and are controlled waters for purposes of Part II of the Control of Pollution Act 1974 (c.40). The Tribunals and Inquiries The matters dealt with in sec- Act 1971 (¢.62). tions 1 to 4(1) and 15(1) and (5) are not included and the other matters dealt with in the Act are included only so far as they relate to matters with respect to which a Scottish Secretary exercises functions otherwise than under the Act. The Civil Aviation. Act 1971 Not included, except so far as (c.75). relating to the insulation of buildings near aerodromes against aircraft noise and vibration and except for— (a) the matters dealt with in sections 30 to 32; and (b) those dealt with in sections 6 to 11, 13, 14, 16 to 20, 34 and 36, so far as relating to the operation of aerodromes. The Road Traffic Act 1972 Included. (c.20), sections 154 to 156. The Town and Country Plan- The following matters are not ning (Scotland) Act 1972 (c.52). included :— (a) those dealt with in sec- ; tions 37, 47, 64 to 70, 103, 108(2), 117() (proviso), 121(1), 209, 227 to 229, 240 and 241 and paragraph 70 of , Schedule 22 ; (5) the powers conferred by sections 44, 45 and 46(4), so far as they relate to the reference 64 c. 51 Scotland Act 1978 Sca. 10 Enactment Whether, or how far, matters dealt with are included in the Groups to a Planning Inquiry Commission of a proposal that a government department should give a direction under section 37 or that development should be carried out by or on behalf of a government department ; (c) the power to decide any question under section 195(6), where the appropriate authority is a government department or an excepted statutory undertaker ; (d) the power to make orders under section 221, so far as exercisable in relation to notices served by excepted statutory undertakers ; (e) the powers under sections 222 and 224 (and the supplementary powers under section 225), so far as exercisable by virtue of representations made by excepted statutory undertakers ; (f) the powers under sections 253 and 254, except so far as exercisable in relation to land vested in the First Secretary or held for the purposes of a Scottish Secretary ; (g) the power of the Treasury under _ section 253(7) ; (h) the power under section 266(6) in respect of land held by excepted statutory undertakers ; Scotland Act 1978 c. 51 65 Enactment Whether, or how far, matters Scu. 10 dealt with are included in the Groups. (2 the powers under section 275(2), so far as exercisable in relation to excepted statutory undertakers ; (jf) the power under paragraph 4(2) of Schedule 18, so far as exercisable in relation to excepted statutory undertakers. The British Library Act 1972 Not included. (c.54). The National Health Service Included. (Scotland) Act 1972 (c. 58), section 55. The Counter-Inflation Act 1973 Not included. (c. 9). The Fire Precautions (Loans) Not included. Act 1973 (c. 11), section 1(3) and (4). The Employment Agencies Act Not included. 1973 (c. 35). The Social Security Act 1973 Not included. (c. 38). The Fair Trading Act 1973 Not included. (c.41). The Employment and Training Not included. Act 1973 (c.50). The Nature Conservancy Not included. Council Act 1973 (c.54). The Land Compensation (Scot- Not included, except that the land) Act 1973 (c. 56). matters dealt with in Parts II and V and in sections 14 and 36 to 40 are included so far as they do not affect any Minister of the Crown in his capacity as a responsible authority. The Local Government (Scot- The following matters are not land) Act 1973 (c.65). included :— (a) those dealt with in sections 4 to 11, 20, 29 to 59 and 197(2) to (5) a ; 66 c. 51 Scotland Act 1978 Scu. 10 Enactment Whether, or how far, matters dealt with are included in the Groups (b) the power to give consent under sections 71, 73, 74 and 74A, except in cases where the functions of the Minister concerned are exercisable by a Scottish Secretary ; (c) the power under section 87, so far as it relates to scheduled functions and the power under section 94, so far as it relates to expenses for the purpose of scheduled functions ; (d) the power under section 202(9) to give a direction with respect to byelaws and the power under section 202(10) to confirm byelaws, except in cases where the byelaws deal with matters within the legislative competence of the Assembly ; (e) the power under section 209(2) and (3), except in so far as it relates to enactments dealing with matters within the legislative competence of the Assembly ; (f) the powers under sections 199, 210, 211, 215, 225 and 233, except in so far as they relate to matters with which a Scottish Secretary (but no Minister of the Crown) is concerned. The Prices Act 1974 (c.24). Not included. The Health and Safety at Not included, except for sec- Work etc. Act 1974 (c.37). tion 75. Scotland Act 1978 c. 51 67 Enactment Whether, or how far, matters Scu. 10 dealt with are included in the Groups The Consumer Credit Act Not included. 1974 (c. 39). The Control of Pollution Act The following matters are not 1974 (c.40). included : — (a) those dealt with in section 21, except in so far as they relate to the production of heat from waste ; (b) the power under section 56(1) to prescribe in relation to controlled waters ; (c) those dealt with in sections 75 to 77 and 100 to 103 ; (d) those dealt with in section 30(5) so far as they relate to sites and premises mentioned in section 2(1) and (2) of the Radioactive Substances Act 1960 (c.34). The Policing of Airports Act Not included. 1974 (c. 41). The Housing (Scotland) Act Not included. 1974 (c.45), section 30. The Friendly Societies Act Not included. 1974 (c.46). The Railways Act 1974 (c.48), Included. section 8. The Criminal Procedure (Scot- Not included, except so far as land) Act 1975 (c.21), sections 5, section 35 relates to the High 10, 11, 21, 35, 41, 76, 113(4), 114, Court. 245(1) and 263. The Local Government (Scot- Not included. land) Act 1975 (c.30) Schedule 3, paragraphs 2 to 9 and 26. The Prices Act 1975 (c.32). Not included. The Air Travel Reserve Fund Not included. Act 1975 (c.36). D 68 c. 51 Scotland Act 1978 Scu. 10 Enactment Whether, or how far, matters dealt with are included in the Groups The Safety of Sports Grounds Included. Act 1975 (c. 52). The Remuneration, Charges Not included. and Grants Act 1975 (c.57). The Social Security Pensions Not included. Act 1975 (c.60). The Sex Discrimination Act Not included. 1975 (c.65). The Scottish Development Not included, except for the Agency Act 1975 (¢.69). matters dealt with in— (a) section 2(1)@) ; (b) section 2(2)(d), (e), (g) and (h) ; (c) section 2(2)@), (3), 4)@ to (e) and (6), so far as relating to the functions specified in section 2(2) , (@), (), (g) and (A); (@) section 2(4)(g) to (m); (e) section 2(4(f) and (7) and section 3, so far as relating to the functions specified in section 2(2) @), (€), (g) and (h); _ (f) section 2(8) and (9); (g) section 2(10), so far as relating to the functions specified in section 2(2)(d), (e), (g) and (A) ; (A) section 4, so far as relating to the functions _ specified in the provisions as mentioned in (a) to (g) above ; (i) sections 6, 7, 8(1) to (5), 9, 11(1) to (5), 13(2) to (5), 18, 21, 22 and 24: (jf) sections 12, 13(1) and 19 and Schedule 2, paragraphs 3 to 5 and 7 to 9, so far as relating to the functions specified in section 2(2) (d), (e), (g) and (A) ; (k) section 10, so far as relating to matters other than excepted statutory undertakers ; Scotland Act 1978 c. 51 69 Enactment Whether, or how far, matters Scu. 10 dealt with are included in the Groups. (D section 16, so far as relating to property held by any person for the purposes of a devolved matter ; (m) Schedule 2, paragraph 2 so far as it relates to administrative expenses and to functions other than those to which public dividend capital relates ; (n) sections 25 to 28, so far as relating to the provisions as mentioned in (a) to (m) above. The Community Land Act Not included 1975 (c.77). The Airports Authority Act Not included. 1975 (c.78), section 7. The Lotteries and Amuse- The matters dealt with in Parts ments Act 1976 (c.32). I and II are included, except for those dealt with in sections 5(3)(d)(ii), 6(2)(c), 9 and 12(5)(a). The matters dealt with in section 18(1)(e) and (2) are not included. The Valuation and Rating (Ex- Not included. empted Classes) (Scotland) Act 1976 (c.64). The Licensing (Scotland) Act Not included. 1976 (c.66), sections 54(3)(j), 87(3) and 138(1)(a). The Race Relations Act 1976 Not included. (c.74). The Dock Work Regulation Not included. Act 1976 (c.79). The Passenger Vehicles (Ex- Included, except for— perimental Areas) Act 1977 (a) the matters dealt with in (c.21). section 2(3) ; (b) the matters dealt with in section 2(8) (other than those in respect of D2 70 c. 51 Scotland Act 1978 . Scu. 10 Enactment Whether, or how far, matters dealt with are included in the Groups. the imposition of conditions), so far as relating to the treatment of vehicles for the purposes of enactments dealing with matters which are not devolved matters. The Minibus Act 1977 (c.25). Not included, except for— (a) the powers under section 1 to give directions and to make orders ; and (6) the power under section 3(1)(@) to prescribe matters to be taken account of under section 2(2)(d). The Price Commission Act Not included. 1977 (c.33). The Refuse Disposal (Amenity) Not included. Act 1978 (c.3), section 4(2). The Civil Aviation Act 1978 Not included. (c.8), sections 8 and 9. The Inner Urban Areas Act Not included. 1978 (c.50). The Transport Act 1978 (c.55). Not included, except so far as relating to inland waterway transport and grants to assist the provision of facilities for freight __ haulage by rail and except for the matters dealt with in sections 5(1) to (4) and 6 to 8 so far as relating to road service licences or permits under section 30 of the Transport Act 1968 (c.73). Scotland Act 1978 c. 51