Annex D – Territorial extent and application in the United Kingdom
In the view of the Government of the United Kingdom, the provisions in clause 177 (recordable offences) of the Bill relate exclusively to England and Wales and it would be within the legislative competence of the Scottish Parliament and/or Northern Ireland Assembly to make corresponding provision . The provisions in clause 178 (guidance about PACE codes of conduct) also relate exclusively to England and Wales but, in the view of the Government of the United Kingdom, it would not be within the legislative competence of the Scottish Parliament and/or Northern Ireland Assembly to make corresponding provision. Clauses 175 and 176 and Schedule 18 apply in part to England and Wales (and wholly or partly to Scotland and Northern Ireland), clause 187 applies to Scotland only and Schedule 12 applies to England and Wales and Northern Ireland and, in part, to Scotland. All the other provisions of the Bill form part of the law of the UK.
|
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? |
|---|---|---|---|---|---|---|---|---|
|
Part 1 Preliminary Clauses 1-2 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Part 2 - General Processing Clauses 3-26 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Part 3 – Law Enforcement Processing Clauses 27-79 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Part 4 – Intelligence Services Processing Clauses 80-111 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Part 5 – The Information Commissioner Clauses 112 136 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Part 6 – Enforcement Clauses 137-168 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Part 7 – Supplementary and Final Provision Clauses 169-174 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Clauses 175-176 |
In part |
In part |
In part |
In part |
N/A |
N/A |
N/A |
No |
|
Clause 177 |
Yes |
Yes |
No |
No |
No |
Yes |
Yes |
No |
|
Clause 178 |
Yes |
Yes |
No |
No |
No |
No |
No |
No |
|
Clauses 179-186 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Clause 187 |
No |
No |
Yes |
No |
N/A |
N/A |
N/A |
No |
|
Clauses 188-190 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Schedules 1-11 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Schedule 12 |
Yes |
Yes |
In part |
Yes |
N/A |
N/A |
N/A |
No |
|
Schedules 13-17 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Schedule 18 |
In part |
In part |
Yes |
In part |
N/A |
N/A |
N/A |
No |
Minor or consequential effects 1
There are no provisions which extend to the whole of the UK but where the effect in Scotland and Northern Ireland is only minor or consequential.
Subject matter and legislative competence of devolved legislatures
Clause 178 amends the National Police Records (Recordable Offences) Regulations 2000 to have effect as if offences under the Bill were added to the list of specified offences recorded in national police records. Those regulations, and therefore this clause, extend and apply to England and Wales only.
Policing is not devolved to the Welsh Assembly under the Government of Wales Act 2006 (Schedule 7). In relation to Scotland, the governance and administration of Police Scotland is not generally reserved to the UK Government under the Scotland Act 1998 (Schedule 5). In relation to Northern Ireland, the governance and administration of the Police Service of Northern Ireland is not generally an excepted or a reserved matter under the Northern Ireland Act 1998 (Schedules 2 and 3). It would be within the legislative competence of the Scottish Parliament and Northern Ireland Assembly to make provision corresponding to that in clause 178 in relation to the recording in police records of offences provided for in the Bill.
Clause 179 places a duty on the Commissioner to produce and publish guidance about how the Commissioner proposes to perform the duty, under section 67(9) of the Police and Criminal Evidence Act 1984 ("PACE"), to have regard to codes of practice under that Act when investigating offences and charging offenders in respect of offences under the Bill. The clause extends to the whole of the UK, reflecting the jurisdiction of the Commissioner, but the PACE codes of practice apply to England and Wales only, accordingly guidance produced under this clause will only impact in that jurisdiction. As data protection, including the functions of the Commissioner, is a reserved matter it would not be within the legislative competence of the Scottish Parliament or Northern Ireland Assembly to make provision corresponding to that in clause 179 in relation to the conferral of functions on the Commissioner akin to those conferred by clause 179.
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.