Territorial extent and application
79 Clause 39 sets out the territorial extent of the Bill; that is the jurisdictions which the provisions in the Bill are intended to form part of the law.
80 This Bill extends to the whole of the UK. In addition, repeals and amendments made by the Bill have the same territorial extent as the legislation that they are repealing or amending. For example, section 1 of the EU (Withdrawal) Act 2018, which repeals the ECA, extends to Gibraltar and the three Crown Dependencies (the Channel Islands and the Isle of Man) to the extent that the ECA itself extended to those territories. Similarly, Section 24(3) of the EU (Withdrawal) Act 2018 extends regulations made under Section 8(1) or 23 of that Act to correct deficiencies in retained EU law, and make consequential, transitional or saving provision in consequence of that Act, to Gibraltar.
81 This means the saving of the ECA in clause 1 (which will alter the effect of section 1 of the 2018 Act), will extend to those jurisdictions to the same extent as the original Act, and the deferral of deficiencies or consequential subordinate legislation under the EU (Withdrawal) Act 2018 at paragraphs 1 to 3 of Schedule 5 will extend to Gibraltar in its application to such legislation that extends there by virtue of section 24(3) of the EU (Withdrawal) Act 2018. Beyond this, as Gibraltar and the Crown Dependencies normally legislate for themselves to give effect to relevant obligations under international agreements - as is the case with Gibraltar under the Constitution of Gibraltar 2006 - the Bill does not extend to those territories.
82 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 the devolved administrations in Scotland, Wales and Northern Ireland.
83 The provisions for which the Government will seek legislative consent are set out in full at Annex A. In summary, they include the following provisions of the Bill:
a. In relation to the citizens’ rights provisions in the Bill, the conferral on the devolved administrations of powers to make provision within devolved competence (as defined in the Bill) in relation to social security coordination, recognition of professional qualifications and equal treatment, as these will alter the competence of the devolved administrations.
b. The conferral on the devolved administrations of a power to implement the Other Separation Issues so far as that is within devolved competence (as defined in the Bill), as this will alter the competence of the devolved administrations.
c. The clauses establishing the IMA, as these legislate in areas of devolved legislative competence and alter the competence of the devolved administrations.
d. The clause giving effect to the implementation period and related provision, as this will alter the competence of the devolved administrations and legislatures. In addition, the conferral on the devolved administrations of supplementary powers to make provision in connection with the implementation period within devolved competence (as defined in the Bill), and amendments to the powers exercisable by the devolved administrations in Part 1 of Schedule 2 to the EU (Withdrawal) Act 2018, as these will alter the competence of the devolved administrations.
e. The conferral on the devolved administrations of a power to implement the Northern Ireland Protocol, so far as that is within devolved competence (as defined in the Bill), as this will alter the competence of the devolved administrations.
f. Provisions giving effect to the mass deferral of statutory instruments made under the EU (Withdrawal) Act 2018, and conferring on devolved administrations the power to disapply or make different provision in particular cases; and to specify relevant enactments for this purpose. These provisions will alter the competence of the devolved administrations.
See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom. 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.