Trade Bill

Explanatory Notes

Territorial extent and application

13 Clause 10 sets out the territorial extent of the Trade Bill. The extent of a Bill can be different from its application. Application is about where a Bill produces a practical effect rather than where it forms part of the law.

14 The Trade Bill extends and applies to the whole of the UK. In addition, repeals and amendments made by the Trade Bill have the same territorial extent as the legislation that they are repealing or amending.

15 The UK Parliament does not normally legislate with regard to matters that are within the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly without the consent of the legislature concerned. It is also the practice of the Government to seek the consent of the devolved legislatures for provisions which would alter the competence of those legislatures or of the devolved administrations In Scotland and Northern Ireland.

16 The Government will therefore seek legislative consent for the provisions in the Trade Bill relating to the power to implement the Government Procurement Agreement (clause 1) and the power to implement qualifying international trade agreements (clause 2).

17 See the table in Annex A for a summary of the position regarding territorial extent and application in the UK. The table also summarises the position regarding legislative consent motions and matters relevant to Standing Orders Nos. 83J to 83X of the Standing Orders of the House of Commons relating to Public Business.

 

Prepared 10th November 2017