What is devolution, and how are powers divided between the Scottish Parliament and the UK Parliament at Westminster?
Devolution and the division of powers: how the Scotland Act transferred devolved powers to Holyrood while reserved powers stayed with Westminster, and why the split matters.
How devolution works in the United Kingdom for SQA National 5 Modern Studies: the Scotland Act 1998 created the Scottish Parliament, devolved powers such as health, education and justice were transferred to Holyrood, and reserved powers such as defence and immigration stayed with Westminster, with worked exam answers.
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What this dot point is asking
This dot point sits in Section 1 of the SQA National 5 Modern Studies question paper, Democracy in Scotland and the United Kingdom. It asks you to understand devolution: the transfer of certain powers from the UK Parliament at Westminster to the Scottish Parliament at Holyrood. The key skill is being able to name and describe which powers are devolved (decided in Scotland) and which are reserved (kept by Westminster), and to explain why the powers are split the way they are.
Knowing the difference between devolved and reserved powers is foundational. Almost every other topic in this section depends on understanding which level of government is responsible for what. Examiners test it directly with describe and explain questions and indirectly throughout the section.
The answer
Devolution is the transfer of some law-making and decision-making powers from a central parliament to a regional or national parliament, while the central parliament keeps overall sovereignty. In the UK, devolution was created by the Scotland Act 1998, which set up the Scottish Parliament (Holyrood) following a 1997 referendum in which Scotland voted yes. The Scotland Acts of 2012 and 2016 later devolved further powers, including some over income tax and welfare.
Powers are divided into two categories. Devolved powers are decided by the Scottish Parliament; reserved powers are kept by the UK Parliament at Westminster. The starting rule is that everything is devolved unless the Scotland Act specifically reserves it.
Devolved powers (decided at Holyrood)
These are areas the Scottish Parliament can make laws on and the Scottish Government runs. The main devolved areas are:
- Health - NHS Scotland, hospitals, prescription charges (free in Scotland).
- Education - schools, the Curriculum for Excellence, university tuition (free for Scottish students at Scottish universities).
- Justice and policing - Police Scotland, the Scottish courts, prisons and the law in Scotland.
- Local government - councils and their funding.
- Transport - roads, public transport and the Scottish rail network.
- Environment and agriculture - farming, fishing and environmental policy.
- Housing - social housing policy in Scotland.
- Some taxation and welfare - Scottish rates of income tax and certain devolved benefits, following the 2012 and 2016 Acts.
Reserved powers (kept at Westminster)
These are matters the UK Parliament keeps because they affect the whole UK or involve the UK acting as a single state. The main reserved areas are:
- Defence and the armed forces - the army, navy and RAF.
- Foreign affairs - relations with other countries and treaties.
- Immigration and nationality - who can enter and settle in the UK.
- The constitution - the monarchy, the Union and the UK Parliament itself.
- Economic and monetary policy - the currency, the Bank of England and most taxation.
- Employment law - the minimum wage and most trade union law.
Why powers are split this way
The split reflects a balance between local decision-making and UK-wide consistency. Devolved powers are areas where Scotland may want different policies, such as a different approach to prescription charges or tuition fees. Reserved powers are areas where it makes sense for one government to act for the whole UK: a single defence force, one currency and one immigration system keep the Union working as one state. The structure can change, as the 2016 Act devolved more powers, so devolution is an ongoing process rather than a fixed settlement.
Examples in context
If an exam source describes the Scottish Government introducing free prescriptions, that is a devolved decision, because health is devolved. If a source describes a UK-wide change to the state pension age or to immigration rules, that is reserved, decided at Westminster, even though it affects people in Scotland. Sorting policies into devolved or reserved is exactly the understanding describe and explain questions reward.
Try this
Q1. Name two devolved powers and two reserved powers. [4 marks]
- What the marker wants. Devolved, for example, health and education; reserved, for example, defence and immigration. One mark each for correctly placed powers.
Q2. A news source describes the UK Government raising the state pension age. Is this devolved or reserved, and which parliament decided it? [2 marks]
- What the marker wants. Reserved; decided by the UK Parliament at Westminster, because pensions and economic policy are reserved.
Q3. Explain one reason why defence is a reserved rather than a devolved power. [2 marks]
- What the marker wants. Defence protects the whole UK, so it is sensible for one government to control the armed forces rather than have four separate forces, keeping the Union secure as a single state.
A note on sources
This guide is AI-written and not individually human-reviewed. Powers, Act dates and mark allocations follow the published SQA National 5 Modern Studies course specification; verify the current devolved and reserved lists and paper structure against the specification at sqa.org.uk.
Exam-style practice questions
Practice questions written in the style of SQA exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
SQA N5 style4 marksDescribe, in detail, two devolved powers of the Scottish Parliament. (4 marks)Show worked answer →
A knowledge (describe) question. The marker awards up to 2 marks for each devolved power: 1 mark for naming or identifying it and a further mark for a developed point that adds accurate detail.
Power one: health. The Scottish Parliament runs NHS Scotland, so it decides on hospital funding, prescription charges (prescriptions are free in Scotland) and public health policy, meaning these can differ from England. Power two: education. Holyrood controls Scottish schools, the Curriculum for Excellence and university tuition (Scottish students do not pay tuition fees at Scottish universities), so school and university policy is set in Scotland.
For full marks each power needs naming plus a real, developed detail. Listing four powers with no development would cap at 2 marks, because the question rewards detail, not a list.
SQA N5 style6 marksExplain, in detail, why some powers are reserved to the UK Parliament rather than devolved to the Scottish Parliament. (6 marks)Show worked answer →
An explain question worth 6 marks, so the marker wants developed reasons, each a point plus a consequence, ideally three reasons or two fully developed ones.
Reason one: some matters affect the whole UK equally, so they are kept central for consistency. Defence and the armed forces protect every part of the UK, so it makes sense for one government to control them rather than four. Reason two: economic stability needs UK-wide control, which is why the currency, the Bank of England and most taxation are reserved, keeping one monetary policy across the UK. Reason three: immigration and foreign affairs involve the UK acting as a single state on the world stage, so they are reserved to Westminster.
Each reason must be developed with a because or so consequence. Three named reserved areas with no explanation would stay low; two developed reasons reach 6.
Related dot points
- The Scottish Parliament and Scottish Government: MSPs, the First Minister and ministers, committees, and the ways Parliament scrutinises and holds the government to account.
How the Scottish Parliament and Scottish Government work for SQA National 5 Modern Studies: the role of MSPs, the First Minister and cabinet, committees, and how Parliament holds the government to account through questions, debates, committees and votes, with worked exam answers.
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How the main UK voting systems work for SQA National 5 Modern Studies: First Past the Post for the UK Parliament, the Additional Member System for the Scottish Parliament and the Single Transferable Vote for Scottish councils, with the advantages and disadvantages of each and worked exam answers.
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How pressure groups and trade unions influence decision-makers for SQA National 5 Modern Studies: the methods they use, including lobbying, petitions, demonstrations, media campaigns and industrial action, the difference between insider and outsider groups, and what makes a group effective, with worked exam answers.