European Union (Withdrawal) Bill [HL]

Explanatory Notes

Annex A – Territorial extent and application in the United Kingdom

The Bill extends and applies to the whole of the UK. In addition, repeals and amendments made by the Bill have the same territorial extent and application as the legislation that they are repealing or amending. For example, the ECA extends to and applies in Gibraltar and the three Crown Dependencies in a limited way. This means its repeal extends to those jurisdictions to the same extent.

The Bill also repeals other Acts which extend to Gibraltar, namely the European Union Act 2011, the European Parliamentary Elections Act 2002 and the European Parliament (Representation) Act 2003. These Acts will be repealed in respect of Gibraltar as well as the UK, and the powers in clauses 7 and 17 will be capable of making provision for Gibraltar as a consequence of those main repeals.

Regulations made under powers in the Bill may have extraterritorial effect where they are being used to amend legislation which already produces a practical effect outside 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?

Clause 1

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (S, W, NI)

Clause 2 & Schedule 1

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (S, W, NI)

Clause 3

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (S, W, NI)

Clause 4

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (S, W, NI)

Clause 5

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clause 6

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clause 7

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clause 8

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (S, W, NI)

Clause 9

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clause 10 & Schedule 2

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (S, W, NI)

Clause 11 & Schedule 3

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (S, W, NI)

Clause 12 & Schedule 4

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (S, W, NI)

Clause 13 & Schedule 5

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clause 14 & Schedule 6

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clause 15

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clause 16 & Schedule 7

Yes

Yes

Yes

Yes

N/A

N/A

N/A

Yes (S, W, NI)

Clause 17, Schedule 8 & Schedule 9

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clause 18

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

Clause 19

Yes

Yes

Yes

Yes

N/A

N/A

N/A

No

 

Prepared 18th January 2018