Wales Bill

Explanatory Notes


Annex A - Territorial extent and application

687 The table below sets out the position at Introduction and is subject to change.1

688 All of the clauses in the Bill extend to the whole of the UK. The Bill resets the devolution boundary in Wales, whilst also devolving further powers to the Welsh Assembly and the Welsh Ministers. As such, the Bill is of constitutional significance to the whole of the UK.

689 The UKG’s view is that, because of the importance of the Bill to the UK’s constitution, the majority of the clauses have more than a minor or consequential effect on Scotland and Northern Ireland; they go to the heart of where the power to legislate rests in the UK.

690 Clauses 1-7, 16-43 and 45-54 are all considered to be in the same category of sufficient constitutional significance to have UK-wide application.

691 Clauses 8-15 only have application to Wales as they relate to the Welsh Assembly’s internal procedures and arrangements. They therefore do not have any more than minor or consequential application to England, Scotland and/or Northern Ireland.

692 Clause 44 is the anomaly. It creates a power for the Secretary of State to intervene where there is a serious adverse impact on sewerage services in England, caused by Assembly legislation or by Welsh Ministers. This applies only to England and Wales, but an equivalent Secretary of State intervention power would not be within the competence of the Scottish Parliament or Northern Ireland Assembly.

Provision

Extends to E & W and applies to England?

Extends to E & W and applies to Wales?

Extends and applies to Scotland?

Extends and applies to Northern Ireland?

Would corresponding provision be within the competence of the Assembly?

Would corresponding provision be within the competence of the Scottish Parliament?

Would corresponding provision be within the competence of the Northern Ireland Assembly?

Legislative Consent Motion needed?

1 Constitutional arrangements

Clauses 1-7

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (W)

1 Constitutional arrangements

Clauses 8-15

No

Yes

No

No

N/A

N/A

N/A

Yes (W)

1 Constitutional arrangements

Clauses 16-21

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (W)

2 Legislative and executive competence: further provision

Clauses 22-43

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (W)

2 Legislative and executive competence: further provision

Clause 44

Yes

Yes

No

No

N/A

No

No

No

2 Legislative and executive competence: further provision

Clauses 45-46

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (W)

3 Misc

Clauses 47-50

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (W)

4 General

Clauses 51-54

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (W)

Minor or consequential effects

In the view of the UKG, none of the Bill’s provisions are considered to apply only to England with only minor or consequential beyond England.

1 References in this Annex to a provision being within the legislative competence of the Scottish Parliament, the Assembly or the Northern Ireland Assembly are to the provision being within the legislative competence of the relevant devolved legislature for the purposes of Standing Order No. 83J of the Standing Orders of the House of Commons relating to Public Business.

 

Prepared 14th June 2016