Responsibilities of the Scottish Government

The responsibilities of the Scottish Government, collectively known as the "Scottish Ministers", broadly follow those of the Scottish Parliament provided for in the Scotland Act 1998 and subsequent UK legislation. Where pre-devolution legislation of the UK Parliament provided that certain functions could be performed by UK Government ministers, these functions were transferred to the Scottish Ministers if they were within the legislative competence of the Scottish Parliament.

Devolved powers

Under Scotland Act 1998

Functions which were devolved under the Scotland Act 1998 included:^[1]

Healthcare – NHS Scotland, mental health, dentistry, social care
Education – pre-school, primary, secondary, further, higher and lifelong education, as well as educational training policy and programmes
Student Awards Agency for Scotland
Scottish Public Pensions Agency
Scots law and justice – civil justice, civil law and procedure, courts, criminal justice, criminal law and procedure, debt and bankruptcy, family law, legal aid, the legal profession, property law and Disclosure Scotland
Most aspects of transport – setting drink and drug-driving limits, speed limits, some aspects of railways, including Scottish passenger rail franchises (ScotRail), concessionary travel schemes, cycling, parking, local road pricing, congestion charging, promotion of road safety and road signs
Environment – environmental protection policy, climate change, pollution, waste management, water supplies and sewerage, national parks and flood and coastal protection
Policing and the Scottish Prison Service
Planning system in Scotland
Rural Affairs (including Scotland's Environmental and Rural Services – Cairngorms National Park Authority, Crofting Commission, Scottish Forestry, Forestry and Land Scotland, Scottish Environment Protection Agency, NatureScot and Deer Commission for Scotland)
Housing – housing policy, Scottish Housing Regulator, affordable homes, homelessness and homelessness legislation, child poverty, security of tenure, energy efficiency, homeownership, short assured tenancy, rented housing and rent control, Town Centre First, social rents, private sector housing security, Tenancy deposit schemes, Scottish Social Housing Charter and the Scottish Housing Quality Standard^[2]
Accountant in Bankruptcy
Agriculture, forestry and fisheries – most aspects of animal welfare, but not including animal testing and research
Sport and the arts – Creative Scotland, the National Gallery of Scotland, library and museum collections, the National Museum of Scotland, national performing companies and SportScotland, the national agency for sport
Consumer advocacy and advice
Tourism – VisitScotland and promotion of major events in Scotland
Economic development
Freedom of Information (FOI) requests

Under Scotland Acts 2012 & 2016

Subsequently, the Scotland Acts of 2012 and 2016 transferred powers over:^[3]^[4]

Some taxation powers – full control of Income Tax on income earned through employment, Land and Buildings Transaction Tax, Landfill Tax, Aggregates Levy, Air Departure Tax, Revenue Scotland
Drink driving limits
Air weapons
Additional borrowing powers, up to the sum of £5 billion
Transport police in Scotland
Road signs, speed limits and abortion rights in Scotland
Powers over Income Tax rates and bands on non-savings and non-dividend income
Scottish Parliament and local authority elections
Some social security powers (Adult Disability Payment, Pension Age Disability Payment, Funeral Support Payment, Carer Support Payment, Young Carer Grant, Job Start Payment, Winter Heating Payment)
Crown Estate of Scotland – management of the Crown Estate's economic assets in Scotland
Some aspects of the benefits system – Best Start Grant, Carer's Allowance Supplement, Child Disability Payment, Child Winter Heating Assistance, Funeral Support Payment, Universal Credit (although this is remains a reserved benefit, some powers over how it is paid have been devolved to the Scottish Parliament)
Extended powers over Employment Support and the housing aspect of Universal Credit
Some aspects of the energy network in Scotland – renewable energy, energy efficiency and onshore oil and gas licensing
The right to receive half of the VAT raised in Scotland.^[5]
Some aspects of equality legislation in Scotland
Gaming machine licensing

The 1998 Act also provided for orders to be made allowing Scottish Ministers to exercise powers of UK Government ministers in areas that remain reserved to the Parliament of the United Kingdom. Equally the Act allows for the Scottish Ministers to transfer functions to the UK Government ministers, or for particular "agency arrangements". This executive devolution means that the powers of the Scottish Ministers and the Scottish Parliament are not identical.^[6]

The members of the Scottish government have substantial influence over legislation in Scotland, putting forward the majority of bills that are successful in becoming Acts of the Scottish Parliament.^[7]

Reserved powers

The most prominent reserved matters that remain under the exclusive control of the Parliament of the United Kingdom are:^[8]

The Constitution – Acts of Union, The Crown, Devolution Settlement
Foreign Policy
National Security and Defence
Economic policy
Immigration and Nationality
Trade and industry
Energy
Most aspects of Social Security
Civil Service
Consumer rights
International Development
Copyright
Telecommunications and Postal services
Broadcasting
Reserved taxes
Currency
Pensions

References

^ "What is Devolution?". Scottish Parliament. Archived from the original on 22 July 2017. Retrieved 29 August 2018.
^ "01 Housing in Scotland: A Distinctive Approach". www.gov.scot. Retrieved 28 January 2025.
^ "What the Scottish Government does". Scottish Government. Archived from the original on 8 July 2019. Retrieved 8 August 2019.
^ "Devolved and Reserved Powers". Parliament.scot. Scottish Parliament. Retrieved 28 December 2023.
^ Douglas Fraser (2 February 2016). "Scotland's tax powers: What it has and what's coming?". BBC News. Retrieved 2 February 2016.
^ "Devolution Guidance Note 11 – Ministerial Accountability after Devolutio" (PDF). assets.publishing.service.gov.uk. November 2011. Archived (PDF) from the original on 6 March 2021. Retrieved 2021-05-16.
^ "How the Scottish Parliament Works". gov.scot. Archived from the original on 14 October 2013. Retrieved 23 October 2013.
^ "Devolution settlement: Scotland". UK Government. Archived from the original on 9 April 2016. Retrieved 29 August 2018.

[Devolved_Matters-1] "What is Devolution?". Scottish Parliament. Archived from the original on 22 July 2017. Retrieved 29 August 2018.

[2] "01 Housing in Scotland: A Distinctive Approach". www.gov.scot. Retrieved 28 January 2025.

[Devolved_Matters_in_Scotland-3] "What the Scottish Government does". Scottish Government. Archived from the original on 8 July 2019. Retrieved 8 August 2019.

[4] "Devolved and Reserved Powers". Parliament.scot. Scottish Parliament. Retrieved 28 December 2023.

[5] Douglas Fraser (2 February 2016). "Scotland's tax powers: What it has and what's coming?". BBC News. Retrieved 2 February 2016.

[6] "Devolution Guidance Note 11 – Ministerial Accountability after Devolutio" (PDF). assets.publishing.service.gov.uk. November 2011. Archived (PDF) from the original on 6 March 2021. Retrieved 2021-05-16.

[works-7] "How the Scottish Parliament Works". gov.scot. Archived from the original on 14 October 2013. Retrieved 23 October 2013.

[Reserved_Matters-8] "Devolution settlement: Scotland". UK Government. Archived from the original on 9 April 2016. Retrieved 29 August 2018.

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