Non-Domestic Rating (Nursery Grounds) Bill

Explanatory Notes

Annex A – Territorial extent and application in the United Kingdom

The Bill extends and applies to England and Wales.

In the view of the Government of the United Kingdom, all of the clauses in the Bill (as set out in the table below) would be within the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly to make corresponding provision. 1

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

No

No

Yes

Yes

Yes

Yes (W)

Clause 2

Yes

Yes

No

No

Yes

Yes

Yes

Yes (W)

Subject matter and legislative competence of devolved legislatures

Clause 1 makes provision in relation to non-domestic rating. Local government finance is a devolved matter in Scotland, Wales and Northern Ireland. Local taxes to fund local authority expenditure are exceptions to the fiscal, economic and monetary policy reservation by virtue of Section A1 of Part 2 of Schedule 7A to the Government of Wales Act 2006. 2 Local taxes to fund local authority expenditure are exceptions to the fiscal, economic and monetary policy reservation by virtue of Section A1 of Part 2 of Schedule 5 to the Scotland Act 1998. Local government finance is not an excepted or reserved matter in Schedule 2 or 3 of the Northern Ireland Act 1998. The Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly could therefore make corresponding provision in respect of these measures.

 

1 References in this Annex to a provision being within the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly are to the provision being within the legislative competence of the relevant devolved legislature for the purposes of Standing Order No. 83J of the Standing Orders of the House of Commons relating to Public Business.

2 This amendment to the Government of Wales Act 2006 by the Wales Act 2017 came into force on 1 April 2018. See the Wales Act 2017 (Commencement No. 4) Regulations 2017/1179.

 

Prepared 11th July 2018