Territorial Extent and Application
6.Section 114 sets out the territorial extent of the Act. The Act makes a large number of repeals, revocations and other amendments of legislation. Section 114(1) provides that, except where specified, any repeal, revocation or other amendment or modification made by the Act has the same extent as the original legislation. The commentary on the various provisions explains their extent and also their application (if different from their extent).
7.Section 114(2) and (3) set out exceptions to the general principle in section 114(1).
8.Section 114(2) provides that the following provisions form part of the law of England and Wales and Northern Ireland:
paragraphs 4 (repeal of the Mining Industry Act 1920), 31(b) and (c) (repeal of the Fisheries Act 1891 and the British Fishing Boats Act 1983), and 39 (repeal of Milk (Cessation of Production) Act 1985) of Schedule 23;
as a consequence of the extent of paragraphs 31(b) and (c), paragraphs 32(2), 32(3) so far as relating to paragraphs 9 and 68 of Schedule 13 to the Merchant Shipping Act 1995, 32(4) and (5) of Schedule 23.
9.Section 114(3) provides that the following provisions form part of the law of England and Wales only:
section 15 (suppliers of fuels and fireplaces), and Parts 4 and 5 of Schedule 13 (Air Quality and Noise Abatement Zones);
paragraphs 5 (an amendment consequential on the repeal of the Mining Industry Act 1920), 35 and 36 (repeal of Breeding of Dogs Act 1973 and consequential amendments), 41 (repeal of Breeding and Sale of Dogs (Welfare) Act 1999), 42 (revocation of Coal and Other Mines (Horses) Order 1956) and 45 (repeal of various provisions of the Town Police Clauses Act 1847) of Schedule 23.
10.Section 114(4) to (6) set out the extent of those provisions of the Act which do not amend other legislation.
11.Section 114(4) provides that the following provisions form part of the law of England and Wales only:
sections 4 (English Apprenticeships: funding arrangements) and 5 (English apprenticeships: disclosure of information);
section 26(7) to (10) (public rights of way: procedure provisions);
sections 33, 34 and 41 (which relate to preventing retaliatory eviction);
section 45 (Short-term use of London accommodation: power to relax restrictions);
section 64(1) and (2) (Abolition of Office of Chief Executive of Skills Funding), (With very limited exceptions, the Chief Executive’s current functions are exercisable in relation only to England); and
section 75(6) to (9) (Motor racing: consequential provisions).
12.Section 114(5) provides that section 75(10) to (13) (Motor racing: consequential provisions) forms part of the law of Scotland only.
13.Section 114(6) provides that the following provisions form part of the law of England and Wales, Scotland and Northern Ireland:
sections 77 and 78 (which relate to TV licensing);
section 85 (power of HMRC to disclose information for purposes of certain litigation);
the new power, conferred by section 104, to enable a Minister to amend commencement dates in legislation, so that reference is made to the date on which a provision actually came into force, or an event actually occurred;
the new power, conferred by section 105, to enable different forms of subordinate legislation to be combined;
the provisions set out in sections 108 to 111 (provisions concerning the promotion of economic growth);
the provisions concerning consequential changes, financial provision, commencement and short title set out in sections 112, 113, 115 and 116.
14.Section 114(7) provides a power, exercisable by Her Majesty by Order in Council, to provide for any of the provisions of section 78 to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.
