Annex A - Territorial extent and application in the United Kingdom
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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? |
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1 The Single Financial Guidance Body |
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Clause 1, Schedule 1 and Schedule 2 |
Yes |
Yes |
Yes |
Yes |
No |
No |
No |
No |
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Clause 2 (other than clause 2(5)) |
Yes |
Yes |
Yes |
Yes |
No |
No |
No |
Yes |
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Clause 2(5) |
Yes |
No |
No |
No |
No |
No |
No |
No |
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Clause 3 |
Yes |
Yes |
Yes |
Yes |
No |
No |
Yes |
Yes (for NI) |
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Clauses 4 to 8 |
Yes |
Yes |
Yes |
Yes |
No |
No |
No |
No |
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Clause 9 |
Yes |
Yes |
Yes |
Yes |
No |
No |
Yes |
Yes (for NI) |
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Clauses 10 and 11 |
Yes |
Yes |
Yes |
Yes |
No |
No |
No |
No |
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Clause 12 |
Yes |
Yes |
Yes |
Yes |
No |
No |
No |
Yes |
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Clause 13 and Schedule 3 |
Yes |
Yes |
Yes |
Yes |
No |
No |
No |
No |
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Clause 14 |
Yes |
Yes |
Yes |
Yes |
No |
No |
No |
No |
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2 Claims Management Services |
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Clause 16 |
Yes |
Yes |
No |
No |
No |
No |
Yes |
No |
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Clause 17 |
Yes |
Yes |
No |
No |
No |
No |
Yes |
No |
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Schedule 4 |
Yes |
Yes |
No |
No |
No |
No |
Yes |
No |
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Schedule 5 |
Yes |
Yes |
No |
No |
No |
No |
Yes |
No |
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3 General Clauses 18 to 20 |
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Minor or consequential effects 1
The following provisions that apply to England have effects outside England, all of which are, in the view of the Government of the United Kingdom, minor or consequential:
Part 1: Financial Guidance
Clause 2: Functions and objectives
There are no minor or consequential impacts on the devolved administrations from the debt advice function being delivered by the single financial guidance body in England only.
Part 2: Claims management services
Clause 16: Transfer to FCA of regulation of claims management services
Part 2 contains a number of provisions relating the regulation of claims management services in England and Wales.
Clause 16 and 17 would in the view of the government be in the legislative competence of the Northern Ireland Assembly as they do not deal with any excepted matters under the Northern Ireland Act 1998.
Clause 16 and 17 relate to competition and consumer protection which are reserved matters under the Scotland Act 1998 and so outside the legislative competence of the Scottish Parliament. These matters are also outside the legislative competence of the Welsh Assembly as they as are not subjects the Assembly is able to legislate on under the Government of Wales Act 2006.
Therefore, the government consider that Part 2 of, and Schedule 4 and 5 to, the Bill will require EVEL. The first part of the EVEL test is satisfied because the provisions extend exclusively to England and Wales. With regard to the second part of the test, as set out above, it is the government’s view that these provisions fall within the legislative competence of the Northern Ireland Assembly.
1 References in this Annex to an effect of a provision being minor or consequential are to its being minor or consequential for the purposes of Standing Order No. 83J of the Standing Orders of the House of Commons relating to Public Business.