3.1.1.5a - Devolved Institutions and Powers

3.1.1.5a - Devolved Institutions and Powers

Scope: This lesson covers the roles, powers and responsibilities of the Scottish Parliament and Government, Senedd Cymru/Welsh Parliament and Welsh Government, and the Northern Ireland Assembly and Executive. It focuses on devolved institutions, reserved and devolved powers, funding and accountability; English devolution and the wider impact on UK government are only signposted.

Devolution Basics

Devolution means the legal transfer of decision-making powers from the central UK state to elected institutions in Scotland, Wales and Northern Ireland. It is not the same as federalism: the UK Parliament remains legally sovereign and can still legislate for the whole UK. However, by convention the UK Parliament does not normally legislate on devolved matters without the consent of the relevant devolved legislature.

Three distinctions matter for AQA answers:

TermMeaningWhy it matters
LegislatureAn elected body that debates, makes laws and scrutinises governmentScottish Parliament, Senedd and Northern Ireland Assembly
ExecutiveThe government that develops policy, runs departments and spends budgetsScottish Government, Welsh Government and Northern Ireland Executive
CompetenceThe legal area within which a devolved institution is allowed to actA devolved Act can be challenged if it goes outside competence

Devolution is asymmetrical. Scotland, Wales and Northern Ireland do not all have identical powers, histories or institutional designs. Scotland and Wales mainly use the language of reserved and devolved matters. Northern Ireland uses transferred matters for devolved policy areas, plus reserved and excepted matters for issues still controlled at Westminster.

Scotland

The Scottish Parliament is the devolved legislature for Scotland. It has 129 Members of the Scottish Parliament, known as MSPs, elected by the Additional Member System. It makes laws on devolved matters, debates issues affecting Scotland, votes on the Scottish budget, and scrutinises the Scottish Government through questions, debates and committees.

The Scottish Government is the devolved executive. It is led by the First Minister, who is elected by MSPs and appoints ministers with the Parliament's approval. The Government formulates and implements policy on devolved matters, introduces most Bills considered by the Scottish Parliament, and proposes the annual Budget Bill.

Scotland has a broad domestic policy settlement. Devolved areas include health and social services, education and training, justice and policing, housing, local government, planning, environment, agriculture and fisheries, some transport, some social security, and some taxation. This means Scottish institutions can make visibly different policy choices from Westminster in areas such as NHS organisation, university tuition policy, criminal justice, housing regulation and some benefits.

The limits are just as important. Reserved matters include defence, foreign affairs, immigration, currency, nationality, most equality law, most energy policy, some transport, and parts of taxation and welfare. For example, the Scottish Parliament can set rates and bands for non-savings and non-dividend income tax on Scottish taxpayers, but it does not control VAT rates, corporation tax or the personal allowance.

Exam focus: Scotland is often the clearest example of strong devolution because it combines primary law-making power, a wide range of domestic responsibilities, and some tax and welfare powers. But it remains a devolved, not sovereign, system.

Wales

AQA still names the "Welsh Assembly and Government" because the specification uses older terminology. The current legislature is Senedd Cymru, or the Welsh Parliament. It makes laws for Wales, agrees Welsh taxes and holds the Welsh Government to account.

The Senedd changed significantly in 2026. It now has 96 Members of the Senedd, known as MSs, elected through a closed proportional list system across 16 constituencies. That reform matters for this lesson because it was justified partly by the Senedd's increased law-making and tax responsibilities: a stronger legislature needs enough members to scrutinise government plans, spending and legislation.

Wales now operates mainly through a reserved powers model. In simple terms, the Senedd can make laws on matters that are not reserved to the UK Parliament. Core devolved areas include health, education, local government, housing, transport, planning, economic development, certain taxes, social services, culture, Senedd and local elections, Welsh language, environment, agriculture and rural affairs.

The Welsh Government is the devolved executive. Welsh ministers develop policy, run devolved services, propose legislation, make much secondary legislation, and are accountable to the Senedd. The First Minister leads the Welsh Government and Cabinet, while ministers hold portfolios such as health, finance, education, housing, transport or rural affairs.

Wales also shows that a reserved powers model does not mean identical powers to Scotland. Justice and policing remain reserved for Wales, while they are devolved in Scotland and transferred in Northern Ireland. This is a useful AQA comparison: the same constitutional label can hide different practical power.

Northern Ireland

The Northern Ireland Assembly and Executive were created through the 1998 Belfast/Good Friday Agreement and the Northern Ireland Act 1998. Their design reflects Northern Ireland's divided political context, so the settlement is about both devolved government and power-sharing.

The Assembly is the legislature. It has 90 MLAs, with five elected from each of Northern Ireland's 18 constituencies by Single Transferable Vote. It makes laws on transferred matters, represents constituents, debates public issues, and scrutinises ministers through questions, committees and legislative stages.

Transferred matters are the Northern Ireland equivalent of devolved policy areas. They include health and social services, education, employment and skills, agriculture, social security, housing, economic development, local government, environment and planning, transport, culture and sport, the Northern Ireland Civil Service, equal opportunities, justice and policing.

The Executive is the devolved government. It is made up of the First Minister, deputy First Minister and eight departmental ministers. The Executive Committee exercises executive authority, agrees proposals for Executive Bills, handles major or cross-cutting decisions, and prepares a Programme for Government and budget for Assembly approval.

The distinctive feature is compulsory power-sharing. The First Minister and deputy First Minister have equal status: one cannot remain in office without the other. Ministerial posts are allocated broadly in proportion to party strength, using the D'Hondt system. Some Assembly decisions can require cross-community support, which protects minority consent but can also make governing slower and more fragile.

Exam focus: Northern Ireland is not just "another devolved body". Its institutions are designed to manage community division, so analysis should connect powers to power-sharing, stability and accountability.

Powers And Limits

Reserved powers are matters kept at Westminster. Devolved powers are matters that a devolved legislature or executive can handle. Northern Ireland adds a third category: excepted matters, which remain with Westminster and are not expected to be transferred in ordinary circumstances.

Policy areaScotlandWalesNorthern Ireland
HealthDevolvedDevolvedTransferred
EducationDevolvedDevolvedTransferred
HousingDevolvedDevolvedTransferred
Justice and policingDevolvedReservedTransferred
DefenceReservedReservedExcepted
Immigration and asylumReservedReservedExcepted
Foreign affairsReservedReservedExcepted
Some taxationDevolved or sharedDevolved or sharedLimited devolved tax powers

This table shows why "devolution" is not one uniform system. A UK citizen's route for accountability depends on the issue and the territory. A hospital waiting-list issue in Wales is mainly for the Welsh Government and Senedd; immigration policy in Wales is mainly for the UK Government and UK Parliament. Policing is devolved in Scotland and Northern Ireland but not in Wales.

The Sewel convention is important but limited. It says Westminster will not normally legislate on devolved matters without devolved consent. It is politically significant because it recognises devolved autonomy, but it does not abolish parliamentary sovereignty. A strong answer can therefore argue that devolution disperses power in practice while leaving ultimate legal authority at Westminster.

Funding And Accountability

Devolved institutions need money as well as legal powers. Most funding still comes through block grants from the UK Government. The Barnett formula changes the block grants for Scotland, Wales and Northern Ireland by giving each devolved government a population-based share of changes in planned UK Government spending on comparable services. It does not recalculate the whole budget from zero each year.

Funding is not only a technical issue. It shapes political responsibility. If the UK Government increases health spending in England, devolved administrations may receive "Barnett consequentials" for comparable devolved services, but each devolved government decides how to allocate its own budget within its devolved responsibilities. That means the Scottish Government, Welsh Government or Northern Ireland Executive may choose different priorities from Westminster.

Tax devolution adds another layer. Scotland and Wales have some devolved tax powers, and block grants are adjusted to reflect those powers. This increases local responsibility because devolved governments can be judged on some revenue choices, not only on spending choices. However, major taxes and macroeconomic policy remain largely reserved, so fiscal autonomy is partial.

Accountability works through four main channels:

ChannelHow it worksAQA significance
ElectoralVoters elect MSPs, MSs and MLAsDevolution brings decision-makers closer to voters
ParliamentaryLegislatures question ministers, scrutinise Bills and approve budgetsDevolved executives are not unchecked
LegalInstitutions must act within competenceDevolved autonomy is bounded by statute
FinancialBlock grants, tax powers and budgets shape choicesResponsibility can be shared or contested

For judgement, avoid writing that devolution simply "gives power away". It relocates many day-to-day domestic decisions, but the UK remains a unitary state with parliamentary sovereignty, reserved powers and UK Treasury control over much public finance. The best AQA answer weighs both sides: devolved institutions have real governing authority, but their authority is legally, financially and politically limited.