Protection from Sex-based Harassment in Public Bill

Explanatory Notes

Annex A – Territorial extent and application in the United Kingdom

41 The provisions of this Bill extend and apply to England and Wales.

Provision

England

Wales

Scotland

Northern Ireland

Extends to E & W and applies to England?

Extends to E & W and applies to Wales?

Legislative Consent Motion process engaged?

Extends and applies to Scotland?

Legislative Consent Motion process engaged?

Extends and applies to Northern Ireland?

Legislative Consent Motion process engaged?

Clause 1

Clause 2

Clause 3

Clause 4

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

No

In part

In part

N/A

N/A

N/A

N/A

No

No

No

No

N/A

N/A

N/A

N/A

Subject matter and legislative competence of devolved legislatures

42 In the opinion of His Majesty’s Government, the subject matter of Clauses 1-3 of the Bill is within the devolved legislative competence of the Senedd Cymru because it does not relate to reserved matters under Schedule 7A of the Government of Wales Act 2006. The subject matter of those clauses is within the devolved legislative competence of the Scottish Parliament and the Northern Ireland Assembly. However, we do not intend for these clauses to apply to Scotland or Northern Ireland. The exception is that subsection (2) of Clause 2 applies to Scotland; however, as that provision makes incidental or consequential changes to Scots law on non-reserved matters, a legislative consent motion is not required.

 

Prepared 23rd June 2023