Amendment made: 1, in clause 13, page 4, line 37, at end insert
“, subject to subsection (2).
(2) An amendment made by this Act has the same extent as the provision to which it relates (and this Part extends accordingly).”
This amendment ensures that the consequential amendments made by Schedule 2 have the same extent as the provisions which they are amending.
Clause 13 is a standard clause specifying the extent of the Bill. Even though the NCS Trust will only operate in England and so the Bill only applies to England, England and Wales are defined as one legal jurisdiction. NCS is a devolved matter and that is why I seek to raise this matter briefly. We have not sought legislative consent motions from the devolved Administrations for the Bill to apply outside England. NCS is available in Northern Ireland but the Northern Ireland Executive uses Co-operation Ireland, which is an organisation with its roots in the peace process and with local expertise, to deliver NCS. It does not want the NCS Trust to deliver NCS instead, so does not need the Bill to apply, as it makes provisions about the NCS Trust. Instead, the UK Government have licensed NCS’s intellectual property but have allowed Northern Ireland to continue with its own delivery arrangement.
We are in discussions with the Welsh Assembly Government and the Scottish Government about NCS. If either were to want the NCS Trust to deliver NCS in the future, we would need to amend the Bill. However, both have indicated so far that should NCS be made available, they would follow the Northern Irish example and use a local provider instead.
The Bill is not entirely an England-only Bill under the English votes for English laws procedure, because, in the Government’s view, certain provisions relate to reserved matters, such as the powers of HMRC, and to employment law. However, the essential point is that the Bill will apply in England only.