Data Protection Bill [HL]

Explanatory Notes

Territorial extent and application

66 Subject to minor exceptions, the Bill extends and applies to the whole of the UK. Clause 186 (recordable offences) extends and applies to England and Wales only.

67 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. In relation to Scotland and Wales this convention is enshrined in law, see section 28(8) of the Scotland Act 1998 and section 107(6) of the Government of Wales Act 2006.

68 Under Part II B2 of Schedule 5 to the Scotland Act 1998, the subject matter of the Data Protection Act 1998 is a reserved matter. The scope of the Bill is consistent with the 1998 Act so in the Government’s view, is also a reserved matter.

69 The subject matter of the 1998 Act is also a reserved matter under paragraph 40 of Schedule 3 to the Northern Ireland Act 1998.

70 Paragraph 2 of Part 2 of Schedule 7 to the Government of Wales Act 2006 explicitly prevents the National Assembly for Wales from introducing measures which modify the 1998 Act. Data protection does not fall within the subject matters devolved to Wales. Schedule 1 to the Wales Act 2017 provides for a new Schedule 7A to the Government of Wales Act 2006 which includes a specific reservation at paragraph 170 for personal data.

71 If there are amendments relating to matters within the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly, the consent of the relevant devolved legislature(s) will be sought for the amendments.

72 See the table in Annex D 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 13th September 2017