Medicines and Medical Devices Bill

Explanatory Notes

Territorial extent and application

31 Clause 42 sets out the territorial extent of the Bill. These are the legal systems of which the Bill will form part. The extent of a Bill can be different from its application. Territorial application is about where a Bill produces a practical effect rather than where it forms part of the law. The Bill extends and applies 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.

32 There is a convention that Westminster will 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.

33 The matters to which the provisions of the Bill relate are not within the legislative competence of the Scottish Parliament or the National Assembly for Wales, and accordingly no legislative consent motion is being sought from those legislatures in relation to any provision of the Bill. If there are amendments relating to matters within the legislative competence of the Scottish Parliament, or the National Assembly for Wales, the consent of the relevant devolved legislature(s) will be sought for the amendments.

34 Parts 1 and 2 of the Bill relate to matters that are within the legislative competence of the Northern Ireland Assembly. Parts 4 and 5 make further provision in relation to the powers in Parts 1 and 2, and confer a power to make transitional, transitory or saving provision on the relevant Northern Ireland departments. Accordingly, a legislative consent motion is being sought from the Northern Ireland Assembly in respect of those Parts.

35 See the table in Annex A for a summary of the position regarding territorial extent and application. The table also summarises the position regarding legislative consent motion.

 

Prepared 12th February 2020