Territorial extent and application
- Section 10 sets out the territorial extent of the Act (the jurisdiction of which the law forms a part). The provisions of the Act extend and apply (where the law produces a practical effect) to England, Wales and Scotland. Counter-terrorism is a reserved matter, although prisons and sentencing (including release provisions) are devolved to Scotland and Northern Ireland. The Act will apply to those convicted of relevant terrorist offences in Scotland, and Northern Ireland and who are subsequently transferred into the jurisdiction of England and Wales, and to those convicted of relevant terrorist offences in England and Wales or Northern Ireland and who are subsequently transferred into the jurisdiction of Scotland.
- The Act relates to reserved matters in Scotland and excepted matters in Northern Ireland, as it contains "special provisions for dealing with terrorism": see paragraph B8 of Schedule 5 to the Scotland Act 1998, and paragraph 17 of Schedule 2 to the Northern Ireland Act 1998.
- 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. The Government is of the view that a Legislative Consent Motion is required from the Scottish Parliament on the basis that the Act alters the executive functions of the Scottish Ministers in relation to release of prisoners.
- See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.
