Skills and Post-16 Education Bill [HL]

Explanatory Notes

Annex A – Territorial extent and application in the United Kingdom

162 The territorial extent of all provisions in the Bill is England and Wales save for clauses 11, 14 and 15 which extend to Scotland and Northern Ireland. Subject to the following, all clauses apply to England only. Clauses 23-25 relating to insolvency and designation apply to England and Wales only. Clauses 14-15, relating to a lifelong loan entitlement, apply to England and Wales. The information provided is the view of the UK Government. 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 Senedd?

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 sought?

Part 1

Clauses 1-5

Clauses 6-9

Clause 10

Clause 11

Clauses 12-13

Clauses 14-15

 

Yes

Yes

Yes

Yes

Yes

Yes

 

No

No

No

No

No

Yes

 

No

No

No

No

No

In part

 

No

No

No

No

No

In part

 

Yes

Yes

Yes

Yes

Yes

Yes

 

Yes

Yes

Yes

Yes

Yes

No

 

Yes

Yes

Yes

Yes

Yes

No

 

No

No

No

No

No

Yes

Part 2

Clause 16

Clause 17

 

Yes

Yes

 

No

No

 

No

No

 

No

No

 

Yes

Yes

 

Yes

Yes

 

Yes

Yes

 

No

No

Part 3

Clauses 18-21

Clause 22

Clause 23

Clause 24

 

Yes

Yes

Yes

Yes

 

No

No

Yes

Yes

 

No

No

No

No

 

No

No

No

No

 

Yes

Yes

No

No

 

Yes

Yes

No

No

 

Yes

Yes

No

No

 

No

No

No

No

Part 4

Clause 25

 

Yes

 

Yes

 

No

 

No

 

Yes

 

Yes

 

Yes

 

No

Minor or consequential effects 2

163 The following provisions that apply to England have effects outside England, all of which are, in the view of the Government of the United Kingdom, minor or consequential:

Clause 14: Support for lifelong learning

164 Clause 14 has minor or consequential effects in Scotland and Northern Ireland because it modifies section 22 of the Teaching and Higher Education Act 1998 which in part extends to those administrations for the purpose of applying those provisions where a recipient of a loan made under the law of England and Wales has moved to Scotland or Northern Ireland.

Clause 15: Lifelong learning: amendment of the Higher Education and Research Act 2017

165 Clause 15 has minor or consequential effects in Scotland and Northern Ireland because it amends the definition of "higher education courses" which, by virtue of section 83 of HERA 2017 can be traced through to the definition of English higher education provider – a term used in section 79 of HERA 2017. Section 79 requires any body providing services to an English higher education provider to provide certain information to the Secretary of State. It extends to Scotland and Northern Ireland.

Subject matter and legislative competence of devolved legislatures

166 Clauses 1 to 9, 12 to 13, and 16 to 22 extend to England and Wales and apply to England, but do not apply anywhere else. Corresponding provisions could and have, been made by a devolved legislature on these subject matters.

167 Clause 25 extends and applies to England and Wales, and does not apply anywhere else. Corresponding provision could be made by a devolved legislature.

1 References in this Annex to a provision being within the legislative competence of the Scottish Parliament, Senedd Cymru 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 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.

 

18th May 2021