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by Munro Research

Legislation (Territorial Extent) Bill


Official Summary

A Bill to require the Secretary of State, when preparing draft legislation for publication, to do so in such a way that the effect of that legislation on England, Wales, Scotland and Northern Ireland is separately and clearly identified; to require the Secretary of State to issue a statement to the effect that in his or her view the provisions of the draft legislation are in accordance with certain principles relating to territorial extent; and for connected purposes.

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Overview

This bill mandates that the Secretary of State, when publishing draft legislation, clearly and separately outlines its legal and financial impact on each part of the UK (England, Wales, Scotland, and Northern Ireland). The Secretary of State must also declare whether the bill aligns with principles of legislative territorial clarity.

Description

The Legislation (Territorial Extent) Bill aims to improve transparency in the legislative process. It requires the Secretary of State to:

  • Clearly Identify Impacts: Ensure that the legal and financial consequences of any new legislation are distinctly detailed for each UK nation. This includes providing a clause-by-clause legal effect statement and a financial memorandum outlining the financial effects, including any impacts on Barnett formula allocations (or its successor).
  • Declare Compatibility: Make a written statement indicating whether, in their view, the draft legislation adheres to principles of legislative territorial clarity (ensuring every citizen and MP understands the impact on them). If incompatibility is identified, a statement outlining the government's intention to proceed must be made.
  • Publish Statements: Publish both the impact details and compatibility statement, making them accessible to the public and laying them before Parliament.

The bill defines "draft legislation" as primary legislation published before parliamentary introduction, or secondary legislation published before the enabling act receives Royal Assent. "Publish" includes both hard copy and electronic formats. "Secretary of State" is inclusive of Ministers of the Crown.

Government Spending

The bill itself doesn't directly allocate funds. However, it could potentially lead to increased costs associated with preparing more detailed impact assessments and statements for each piece of legislation. No specific figures are provided in the bill text.

Groups Affected

The bill affects several groups:

  • Government departments: Increased workload due to the requirement for detailed impact assessments.
  • Members of Parliament (MPs): Improved ability to understand the impact of legislation on their constituents.
  • Citizens of the UK: Increased transparency and understanding of how proposed laws will affect them.
  • Devolved administrations in Scotland, Wales, and Northern Ireland: Enhanced clarity on the implications of UK-wide legislation for their respective regions.
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