Annex A - Territorial extent and application in the United Kingdom
32 The Bill extends only to Northern Ireland.
|
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 National Assembly for Wales? |
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? |
|---|---|---|---|---|---|---|---|---|
|
Clause 1 Clause 2 |
No No |
No No |
No No |
Yes Yes |
N/A N/A |
N/A N/A |
No Yes |
No No |
Subject matter and legislative competence of devolved legislatures
33 Clause 1 relates to an excepted matter (under paragraph 22 of Schedule 2 to the Northern Ireland Act 1998) and is therefore outside the competence of the Northern Ireland Assembly.
34 Clause 2 affects matters within the devolved (transferred) competence of the Northern Ireland Assembly. The Sewel Convention sets out that the UK Parliament will not normally legislate in an area of devolved competence without the agreement of the devolved legislatures. In the absence of the Executive (which cannot form without Clause 1 of this Bill being in force) and a sitting Assembly, and given the pressing need for the regional rates level to be set, there is neither the time available nor the practical ability for the Assembly to provide a Legislative Consent Motion. We are satisfied that the circumstances of this Bill come within the exception allowed by the Convention.