Skills and Post-16 Education Bill [HL]

Explanatory Notes

Territorial extent and application

16 Clause 26 sets out the territorial extent of the Bill, that is the jurisdictions which the Bill forms part of the law of. The extent of a bill can be different from its application. Application is about where a bill produces a practical effect.

17 All provisions of the Bill extend to England and Wales and, except where indicated below, apply only to England.

18 Clauses 11, 14 and 15 in the Bill extend to Scotland and Northern Ireland.

19 The provisions in clauses 14-15 and clauses 23-25 also apply to Wales. Clause 14 applies to Wales, because it modifies section 22 of the Teaching and Higher Education Act 1998 in a manner which impacts on functions which have been devolved to the Welsh Ministers, and those which are exercisable concurrently by Welsh Ministers and the Secretary of State.

20 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 Senedd or the Northern Ireland Assembly without the consent of the legislature concerned.

21 For clauses 23 and 24 these are reserved matters. For clause 25, it has been agreed a legislative consent motion will not be required. It is anticipated that a legislative consent motion will be required for clause 14 for Wales. It is not currently considered that a legislative consent motion will be required in relation to clauses 14 and 15 in relation to Scotland and Northern Ireland.

22 See the table in Annex A 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.


18th May 2021