Immigration Bill

Explanatory Notes

Territorial extent and application

43 Clauses 1 to 7 of the Bill concern the Director of Labour Market Enforcement. The Director's remit covers certain functions where legislative competence has been transferred to the Northern Ireland Assembly and Scotland. Legislative competence on this matter has not been devolved to the National Assembly for Wales. These clauses extend to the whole of the United Kingdom but in Northern Ireland the Director's functions will be limited because firstly, the Employment Agencies Act 1973 and sections 1, 2 and 4 of the 2015 Act do not extend there, and secondly because the Director's remit in respect of Gangmaster Licensing is limited by clause 3(7). In Scotland the Director's functions will be limited because sections 1, 2 and 4 of the 2015 Act do not extend there.

44 Part 7 of the Bill concerns the new English language requirements for public sector workers. This measure will extend to England, Wales and Scotland. It will affect some reserved matters under the terms of the Government of Wales Act 2006 (including public sector bodies in the education sector, the environment sector and the health and health services sector). The legislative consent of the National Assembly for Wales will be sought. Clause 39(3) limits the extent of the measure in relation to Scotland so that it only relates to reserved matters.

45 Clause 50 and Schedule 9 relate to civil registration, legislative competence in respect of which has been devolved to the Scottish Parliament and the Northern Ireland Assembly, but not under the Government of Wales Act 2006.  Accordingly the amendments for the large part are to legislation which extends to England and Wales only. Schedule 9 does, however, contain some consequential amendments to legislation with UK-wide extent, but they do not make any change to the law in Scotland or Northern Ireland.

46 All remaining clauses of the Bill will extend to the whole of the United Kingdom. In the view of the UK Government, the matters to which the provisions of the Bill relate are not within the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

Prepared 17th September 2015