Territorial extent and application
15 Clause 4 of the Bill sets out the territorial extent. With one exception, discussed in paragraph 16, the Bill will extend and apply to England and Wales. Although the subject of the Bill is a devolved matter in Wales, the Welsh Government has confirmed that it will table a legislative consent motion before the Senedd Cymru, which will seek consent for the UK Parliament to legislate on matters devolved in Wales in this instance.
16 The exception is that subsection 2 of Clause 4 provides that an amendment made by Clause 3 has the same extent as the provision it amends. In practice this relates to subsection 2 of Clause 3, which makes consequential amendments to Schedule 8B to the Police Act 1997, which extends to Scotland and is devolved there. The Scottish Government has confirmed that it is content for the UK Parliament to legislate for Scotland in this instance. This does not require a legislative consent motion to be agreed by the Scottish Parliament, because, as a provision making incidental or consequential changes to Scots law on non-reserved matters, it falls within Category II of Devolution Guidance Note 10 1 , and therefore does not require the consent of the Scottish Parliament. Otherwise, matters relating to criminal justice are devolved in Scotland and Northern Ireland.
17
See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.