Legislation (Territorial Extent) Bill (HC Bill 10)

A

BILL

TO

Require the Secretary of State, when preparing draft legislation for

publication, to do so in such a way that the effect of that legislation on

England, Wales, Scotland and Northern Ireland is separately and clearly

identified; to require the Secretary of State to issue a statement to the effect

that in his or her view the provisions of the draft legislation are in accordance

with certain principles relating to territorial extent; and for connected

purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1 Duties of the Secretary of State

The Secretary of State must, when publishing draft legislation, ensure that the

legal and financial effect of that legislation on each part of the United Kingdom

is separately and clearly identified.

2 5Interpretation

For the purposes of this Act—

  • “draft legislation” means primary legislation published before a bill is

    introduced into Parliament or secondary legislation published before

    the bill creating the relevant instrument-making power has received

    10Royal Assent,

  • “part of the United Kingdom” means England, Wales, Scotland or

    Northern Ireland,

  • “publish” means publication in hard or electronic form,

  • “Secretary of State” includes a Minister of the Crown,

  • 15“separately and clearly identified” means, with regard to legal effect, that

    there is a statement in the draft legislation setting out the legal effect on

    each part of the United Kingdom of each of the clauses and schedules

    of the bill,

  • “separately and clearly identified” means, with regard to financial effect,

    20that the financial effects of the draft legislation on each part of the

    Legislation (Territorial Extent) BillPage 2

    United Kingdom are set out in a financial memorandum accompanying

    the draft legislation, including any impact on Barnett formula

    allocations (or, should the Barnett formula be superseded, its successor

    formula).

3 5Declaration of compatibility

(1) The Secretary of State must, when publishing draft legislation—

(a) make a statement to the effect that in his or her view the provisions of

the Bill are compatible with the principles of legislative territorial

clarity, or

(b) 10make a statement to the effect that although he or she is unable to make

a statement of compatability the government nonetheless wishes to

proceed.

(2) The statement must be in writing, be published in such manner as the Secretary

of State making it considers appropriate and be laid before each House of

15Parliament.

4 Principles of legislative territorial clarity

The principles of legislative territorial clarity are that—

(a) every citizen of the United Kingdom has the right to see how proposed

changes to the law will affect them, and

(b) 20Members of the House of Commons have the right to see how proposed

changes to the law will affect their constituents.

5 Short title, commencement and extent

(1) This Act may be cited as the Legislation (Territorial Extent) Act 2011.

(2) This Act comes into force at the end of the period of 3 months beginning with

25the day on which it is passed.

(3) This Act extends to England, Wales, Scotland and Northern Ireland.