Search Legislation

Mental Capacity (Amendment) Act 2019

Territorial extent and application

  1. Section 6 sets out the territorial extent of the Act, that is, the jurisdictions in which the provisions of the Act form part of the law. The extent of the Act can be different from its application. Application is about where a provision of an Act produces a practical effect.
  2. The Act extends and applies to England and Wales only.
  3. There is a convention that Westminster will not normally legislate with regard to matters that are within the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly without the consent of the legislature concerned.
  4. The matters to which the provisions of the Act relate are not within the legislative competence of the National Assembly for Wales, and do not alter the competence of the Welsh Government except in a way that is consequential, supplementary or incidental to the subject matter of the Act.
  5. See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.

Back to top