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:—
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.
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allocations (or, should the Barnett formula be superseded, its successor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).
(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.
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.
(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.