Annex A - Territorial extent and application in the United Kingdom
The provisions in this Bill form part of the law of England and Wales and extend and apply to the single jurisdiction of England and Wales.
|
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 |
No |
No |
No |
No |
|
Clause 2 |
Yes |
Yes |
No |
No |
No |
No |
No |
No |
|
Clause 3 |
No |
No |
Yes |
No |
No |
No |
No |
Yes |
|
Clause 4 |
No |
No |
Yes |
No |
No |
No |
No |
No |
|
Clause 5 |
Yes |
Yes |
No |
No |
No |
No |
No |
No |
|
Clause 6 |
Yes |
Yes |
No |
No |
No |
No |
No |
No |
|
Clause 7 |
Yes |
Yes |
No |
No |
No |
No |
No |
No |
|
Clause 8 |
No |
No |
Yes |
No |
No |
No |
No |
Yes |
|
Clause 9 |
No |
No |
Yes |
No |
No |
No |
No |
No |
|
Clause 10 |
Yes |
Yes |
Yes |
No |
No |
No |
No |
No |
|
Schedule 1 |
Yes |
Yes |
No |
No |
No |
No |
No |
No |
|
Schedule 2 |
No |
No |
Yes |
No |
No |
No |
No |
No |
Subject matter and legislative competence of devolved legislatures
Prisons and sentencing (including release provisions) are devolved to Scotland and Northern Ireland. The Bill relates to reserved matters in Scotland and excepted matters in Northern Ireland, as it contains "special provisions for dealing with terrorism": see paragraph B.8 of Schedule 5 to the Scotland Act 1998, and paragraph 17 of Schedule 2 to the Northern Ireland Act 1998.
A Legislative Consent Motion will be required from the Scottish Parliament on the basis that the Bill alters the executive functions of the Scottish Ministers in relation to release of prisoners.