Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Explanatory Notes

Territorial extent and application

21 Clause 7 sets out the territorial extent of the Bill, that is the jurisdictions in which the Bill forms part of the law. The extent of a Bill can be different from its application. Application is about where the provisions of a Bill will have a practical impact when implemented.

22 The provisions of the Bill will extend to the whole of the United Kingdom.

23 The Bill includes provision for Part 1 and clauses 6 and 9 of Part 3 (to the extent relating to Part 1) to be extended to the Crown Dependencies and the British Overseas Territories by Order in Council. In addition, the power at clause 4 may be used to make provision extending to the Channel Islands, the Isle of Man and the British Overseas Territories where the legislation being amended by future regulations made under that power already extends directly to those territories.

24 The Bill will not make any changes to the Common Travel Area arrangements between the UK and Ireland and the Crown Dependencies.

25 As immigration policy is a reserved area, the Bill’s immigration measures will not engage the legislative consent process in any of the devolved legislatures. However, clause 5 of the Bill, which relates to social security coordination, will engage the legislative consent processes in both the Scottish Parliament and Northern Ireland Assembly. 

26 The Bill will have an impact in areas within the legislative competence of the Devolved Administrations in relation to certain aspects of social security co-ordination. The Scottish Parliament and Northern Ireland Assembly will have competence to amend limited elements of the retained SSC Regulations.

27 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.

 

Prepared 4th March 2020