Annex C – Territorial extent and application in the United Kingdom
Subject to certain exceptions (see paragraph 18 above), the provisions of the Bill extend and apply to England and Wales, Scotland and Northern Ireland.
In the view of the Government of the United Kingdom, none of the provisions of the Bill are within the legislative competence of the Scottish Parliament, National Assembly for Wales or Northern Ireland Assembly. 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 |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Clause 2 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Clause 3 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Clause 4 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
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 |
In part |
In part |
In part |
In part |
N/A |
N/A |
N/A |
No |
|
Clause 9 |
Yes |
Yes |
No |
No |
No |
No |
No |
No |
|
Clause 10 |
No |
No |
Yes |
No |
N/A |
N/A |
N/A |
No |
|
Clause 11 |
No |
No |
No |
Yes |
N/A |
N/A |
N/A |
No |
|
Clause 12 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Clause 13 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Clause 14 |
In part |
In part |
In part |
In part |
N/A |
N/A |
N/A |
No |
|
Clause 15 |
Yes |
Yes |
Yes |
No |
N/A |
N/A |
N/A |
Yes (S) |
|
Clause 16 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Clause 17 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Clause 18 |
In part |
In part |
In part |
In part |
N/A |
N/A |
N/A |
No |
|
Clause 19 |
Yes |
Yes |
Yes |
No |
N/A |
N/A |
N/A |
No |
|
Clause 20 |
Yes |
Yes |
Yes |
No |
N/A |
N/A |
N/A |
No |
|
Clause 21 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Schedule 1 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Schedule 2 |
In part |
In part |
In part |
In part |
N/A |
N/A |
N/A |
No |
|
Schedule 3 |
Yes |
Yes |
Yes |
Yes |
N/A |
N/A |
N/A |
No |
|
Schedule 4 |
In part |
In part |
In part |
In part |
N/A |
N/A |
N/A |
No (S) |
Minor and consequential effects
There are no minor or consequential effects which are relevant to this analysis.
Subject matter and legislative competence of devolved legislatures
The provisions in Part 1 of the Bill deal with counter-terrorism and, in the case of Clause 20, financial services, while those in Part 2 relate to national security. In Scotland, "national security", "s pecial powers, and other special provisions, for dealing with terrorism" and "financial services" are reserved matters by virtue of sections A3 and B8 of Schedule 5 to the Scotland Act 1998. In Wales, "national security", "s pecial powers, and other special provisions, for dealing with terrorism" and "financial services" are reserved matters by virtue of paragraphs 17, 32 and 33 of Schedule 7A to the Government of Wales Act 2006. In Northern Ireland, "national security" and "s pecial powers and other provisions for dealing with terrorism" are excepted matters by virtue of paragraph 17 of Schedule 2 to the Northern Ireland Act 1998.
Clause 9 amends certain sentencing provisions in the 2003 Act insofar as they relate to terrorism offenders. Sentencing is not devolved to the National Assembly for Wales under the Government of Wales Act 2006 (paragraph 8(1)(c) of Schedule 7A). In relation to Scotland, sentencing is not generally reserved to the UK Government under the Scotland Act 1998; however, certain aspects of the criminal law and therefore sentencing in respect of relevant offences (including where they relate, as here, to special powers for dealing with terrorism (section B8 of Schedule 5 to the Scotland Act 1998)) are reserved. In relation to Northern Ireland, sentencing is not generally an excepted or a reserved matter under the Northern Ireland Act 1998, although certain aspects of the criminal law and therefore sentencing in respect of relevant offences (including where they relate, as here, to special powers for dealing with terrorism (paragraph 17 of Schedule 2 to the Northern Ireland Act 1998)) are excepted. As such, the Scottish Parliament and the Northern Ireland Assembly could not make corresponding provision to that contained in Clause 9.
Provisions in Clause 15 and paragraph 19 of Schedule 4 alter the executive competence of Scottish Ministers and, accordingly, a legislative consent motion is being sought in respect of those provisions.
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.