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British Overseas Territories

Foreign and Commonwealth Affairs written question – answered on 3rd February 2011.

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Photo of Madeleine Moon Madeleine Moon Labour, Bridgend

To ask the Secretary of State for Foreign and Commonwealth Affairs what requirement there is on the Secretary of State to consider the effect on British Overseas Territories of legislation enacted by Parliament.

Photo of Henry Bellingham Henry Bellingham The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

There is no constitutional or statutory requirement on a Secretary of State to consider the effect of legislation enacted by Parliament on British Overseas Territories. However, as a matter of practice, at the time of drafting a Bill consideration is given to whether it: (i) should apply directly to the Overseas Territories; (ii) should contain a provision enabling it to be extended, modified as necessary, by Order in Council to them, or (iii) has no relevance to them and need not apply or have the possibility of future extension to them.

Legislation which does not apply directly or has not been extended by Order in Council to the Overseas Territories has no application to those territories.

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