Clause 5

Part of Legislation (Territorial Extent) Bill – in a Public Bill Committee at 10:45 am on 27 April 2011.

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Photo of Mark Harper Mark Harper The Parliamentary Secretary, Cabinet Office 10:45, 27 April 2011

I wish to make two points. First, my hon. Friend’s intention is that the Bill will come into force automatically three months after Royal Assent. Given that I have set out a number of difficulties with the Bill as drafted, it would require some changes, perhaps significant changes, in the way the legislation is prepared. The Government would have to give proper thought to guidance to ensure that the Bill could be complied with, particularly if we were unable to deal with any lack of clarity about what the Bill meant. The Government  would much prefer the Bill to come into effect through a commencement order, rather than that happening automatically.

Subsection (3), which explains the territorial extent, is incompatible with the usual meaning of those words in legislation. As normally used, they apply to the legal jurisdictions within which the Bill will have effect. England and Wales is a single legal jurisdiction, and there is no separate Welsh legal jurisdiction or set of Welsh legislation, so, as drafted, it is not clear exactly what that means. I urge colleagues not to support clause 5 as drafted.