Explanatory Notes

Territorial extent and application

109 Clause 85 sets out the territorial extent of the Bill, which describes the jurisdictions in which the Bill forms part of the law. The territorial extent of the Bill is, variously, the United Kingdom, England and Wales, Scotland and Northern Ireland.  The extent of a Bill can be different from its application. Application is about where a Bill produces a practical effect.  The commentary on individual provisions of the Bill explain their extent and application.

110 The Bill contains provisions which cover reserved and devolved subject areas.

111 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 legislative concerned.

112 To the extent that the provisions of the Bill fall within the legislative competence of devolved legislatures, the legislative consent procedure would be appropriate.  

113 [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 18th March 2020