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Children and Social Work Act 2017

Territorial extent and application

  1. Sections 8 and 9 extend and apply to England and Wales.
  2. Section 10, and paragraphs 2, 4, 5 and 14 of Schedule 1 extend and apply to England, Wales and Scotland
  3. Part 3 extends and applies to England, Wales, Scotland and Northern Ireland.
  4. The remainder of the Act’s provisions extend to England and Wales and apply to England, with provision that amendment or repeal made by the Act will have the same extent as the enactment which is amended or repealed.
  5. Section 8 and 9 apply to family law and proceedings which are not within the legislative competence of the National Assembly for Wales. As such no legislative consent motion is necessary.
  6. Section 9 also applies to the operation of adoption agencies in Wales. This part of the section does fall within the legislative competence of the National Assembly for Wales. A legislative consent motion was sought and granted.
  7. The provision made by paragraphs 2, 4, 5 and 14 of Schedule 1,introduced by section 10 are within the legislative competence of the Scottish Government. A legislative consent motion was sought and granted. Social welfare is also devolved to the Welsh Government, which is, however, unable to legislate so as to affect Scottish law, hence no legislative consent motion was sought or obtained from the Welsh Government.
  8. Section 32 amends employment law in England Wales and Scotland. These are reserved matters in Scotland and not transferred in Wales and thus not within the legislative competence of the devolved Governments.
  9. Save for sections 8, 9, and 32, and subject to paragraph 45 above, the matters to which the provisions of the Act relate are within the legislative competence of the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.

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