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Require
the Secretary of State, when preparing draft legislation for |
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publication, to do so in such
a way that the effect of that legislation on |
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England, Wales, Scotland and
Northern Ireland is separately and clearly |
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identified; to require the
Secretary of State to issue a statement to the effect |
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that in his or her view the
provisions of the draft legislation are in accordance |
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with certain principles relating
to territorial extent; and for connected |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Duties
of the Secretary of State |
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The Secretary of State must,
when publishing draft legislation, ensure that the |
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legal and financial effect
of that legislation on each part of the United Kingdom |
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is separately and clearly
identified. |
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5 |
For the purposes of this
Act— |
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“draft legislation”
means primary legislation published before a bill is |
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introduced into Parliament
or secondary legislation published before |
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the bill creating the relevant
instrument-making power has received |
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10 |
“part of the United
Kingdom” means England, Wales, Scotland or |
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“publish” means
publication in hard or electronic form, |
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“Secretary of State”
includes a Minister of the Crown, |
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“separately and clearly
identified” means, with regard to legal effect, that |
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there is a statement in the
draft legislation setting out the legal effect on |
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each part of the United Kingdom
of each of the clauses and schedules |
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“separately and clearly
identified” means, with regard to financial effect, |
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that the financial effects
of the draft legislation on each part of the |
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United Kingdom are set out
in a financial memorandum accompanying |
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the draft legislation, including
any impact on Barnett formula |
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allocations (or, should the
Barnett formula be superseded, its successor |
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3 |
Declaration
of compatibility |
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(1) |
The Secretary of State must,
when publishing draft legislation— |
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(a) |
make a statement to the effect
that in his or her view the provisions of |
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the Bill are compatible with
the principles of legislative territorial |
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(b) |
make a statement to the effect
that although he or she is unable to make |
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a statement of compatability
the government nonetheless wishes to |
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(2) |
The statement must be in
writing, be published in such manner as the Secretary |
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of State making it considers
appropriate and be laid before each House of |
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4 |
Principles
of legislative territorial clarity |
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The principles of legislative
territorial clarity are that— |
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(a) |
every citizen of the United
Kingdom has the right to see how proposed |
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changes to the law will affect
them, and |
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(b) |
Members of the House of Commons
have the right to see how proposed |
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changes to the law will affect
their constituents. |
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5 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Legislation (Territorial Extent) Act 2011. |
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(2) |
This Act comes into force
at the end of the period of 3 months beginning with |
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the day on which it is passed. |
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(3) |
This Act extends to England,
Wales, Scotland and Northern Ireland. |
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