Census (Return Particulars and Removal of Penalties) Bill [HL]

Explanatory Notes

Annex A - Territorial extent and application in the United Kingdom

In the view of the UK Government:

· Clause 1 (amendment of the Census Act 1920) forms part of the law of, and applies to, England and Wales. It would be within the legislative competence of the Scottish Parliament and Northern Ireland Assembly.

· Clause 2 (amendment of the Census Act (Northern Ireland) 1969) forms part of the law of, and applies to, Northern Ireland.

· Clause 3 (extent, commencement and short title) forms part of the law of, and applies to, England and Wales and Northern Ireland.

· No provision of the Bill has a minor or consequential effect. 1

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

Yes

Yes

No

No

Yes

Yes

Yes

Yes (W)

Clause 2

No

No

No

Yes

N/A

N/A

N/A

No 1

Clause 3

Yes

Yes

No

Yes

N/A

N/A

N/A

Yes (W)

Subject matter and legislative competence of devolved legislatures

The subject matter of the Bill, namely amendments to the Census Act 1920 and Census Act (Northern Ireland) 1969, is not reserved under the Government of Wales Act 2006 (Schedule 7A) or the Scotland Act 1998 (Schedule 5). Nor is it a reserved or excepted matter under the Northern Ireland Act 1998 (Schedules 2 and 3).

In Wales, the principal legislation governing the census is the Census Act 1920. The National Assembly for Wales has not passed any legislation amending this Act insofar as it extends to and applies in Wales. Under the National Assembly for Wales (Transfer of Functions) (No. 2) Order 2006 (S.I. 2006/3334), the Welsh Assembly must be consulted prior to the making of an Order in Council under section 1 of the 1920 Act.

In Scotland, the principal legislation is the Census Act 1920. This was amended insofar as it extended to and applied in Scotland by the Census (Amendment) (Scotland) Act 2000, an Act which was materially identical to the Census (Amendment) Act 2000. A Bill similar to this has been passed by the Scottish Parliament: the Census (Amendment) (Scotland) Bill. 2

In Northern Ireland, the principal legislation is the Census Act (Northern Ireland) 1969.

1 References in this Annex to a provision being within the legislative competence of the Scottish Parliament, the National Assembly for Wales 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.

1 See, for the position with respect to Northern Ireland, paragraphs 24-25 and 27 of the body of these Explanatory Notes. The same position applies with respect to clause 3.

2 Available at: https://www.parliament.scot/parliamentarybusiness/Bills/109595.aspx.

 

Prepared 26th June 2019