Territorial extent and application
- Section 48 sets out the territorial extent of the Act, that is the jurisdictions which the Act forms part of the law of; application refers to where it has practical effect. Financial services is a reserved matter in the UK and the majority of the Act extends to England and Wales, Scotland and Northern Ireland, with two exceptions. First, section 35 (1), (2) and () (debt respite scheme) extend to England and Wales only and section 35(3) extends to England and Wales and Northern Ireland only; Scotland has its own statutory debt respite scheme. Second, paragraph 14(4) of Schedule 12 extends only to Northern Ireland, as provided in section 48(3). The application of all sections is the same as their extent.
- Section 33 and Schedule 12 (forfeiture of money: e-money institutions and payment institutions) make amendments to POCA regarding civil recovery, asset freezing and forfeiture. The amendments cover the proceeds of both reserved and devolved offences. For Scotland, such provision falls within devolved legislative competence to the extent that it relates to the proceeds of devolved offences. While the territorial extent and application of the amendments to POCA in Schedule 12 includes Northern Ireland, those amendments do not substantively change the legal position that will apply in Northern Ireland under the relevant POCA provisions once they are commenced in Northern Ireland. As such, the amendments do not fall within the legislative competence of the Northern Ireland Assembly.
- Section 44 provides that the power under section 79(10) of the Criminal Justice Act 1993 may be used to extend to British overseas territories the amendments to the Act made by section 30, and the power under section 430(3) of FSMA may be used to extend FSMA amendments or repeals to the Channel Islands or Isle of Man.
- See the table in Annex A for a summary of the position regarding territorial extent and application in the UK.
