Small Charitable Donations and Childcare Payments Bill

Explanatory Notes

Territorial extent and application

24 The Small Charitable Donations and Childcare Payments Bill extends to the whole of the UK.

25 The Small Charitable Donations Act 2012 included a provision to make the Gift Aid Small Donations Scheme an excepted matter for the purposes of the Northern Ireland devolution settlement. A legislative consent motion was approved by the Northern Ireland Assembly on the 20 November 2012 providing consent for the UK Parliament to amend Schedule 2 to the Northern Ireland Act 1998 to make the scheme an excepted matter. No legislative consent motion is required from the Northern Ireland Assembly.

26 Following a legislative consent debate in 2014, Schedule 2 of the Northern Ireland Act 1998 was amended to make the childcare payments scheme an excepted matter for the purposes of the Northern Ireland devolution settlement, so the scheme applies in Northern Ireland in the same way as in the rest of the UK. No legislative consent motion is required from the Northern Ireland Assembly. The Childcare Payments Act 2014 at section 74 defines the extent as England and Wales, Scotland and Northern Ireland.

27 In the view of the UK Government the provisions of the Bill are not within the legislative competence of the Scottish Parliament or the National Assembly for Wales so that no legislative consent motions are required.

28 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 16th November 2016