Annex B – Territorial extent and application in the United Kingdom
- The provisions in this Act form part of the law of England, Wales, Northern Ireland and Scotland. The Act extends to the UK apart from activity relating to devolved matters in Scotland. Subject to that, the Act will apply UK-wide.
Provision Extends to E & W and applies to England? Extends to E & W and applies to Wales? Extends and applies to Scotland? Extends and applies to Northern Ireland? Section 1 Yes Yes In part Yes Section 2 Yes Yes In part Yes Section 3 Yes Yes In part Yes Section 4 Yes Yes In part Yes Section 5 Yes Yes In part Yes Section 6 Yes Yes In part Yes Section 7 Yes Yes In part Yes Section 8 Yes Yes In part Yes Schedule 1 Yes Yes In part Yes Section 9 Yes Yes In part Yes Section 10 Yes Yes In part Yes
Subject matter and legislative competence of devolved legislatures
- The provisions of the Act relating to RIPA deal with the authorisation of criminal conduct by covert human intelligence sources, for the prevention and detection of crime or of preventing disorder, national security, or for the economic well-being of the United Kingdom.
- The Act amends provisions of RIPA which apply to England and Wales, Scotland and Northern Ireland.
- In respect of Scotland, national security is a reserved matter, as is the economic well-being of the United Kingdom. The function of preventing and detecting crime or preventing disorder is not in itself reserved. An authorisation granted for the purpose of preventing and detecting crime or preventing disorder, where the conduct is likely to take place in Scotland, may therefore relate to devolved matters and it will be for these matters that the Act will not apply.
- National security is an excepted matter in relation to Northern Ireland and the subject matter of Part II of RIPA is reserved so far as relating to the prevention or detection of crime or the prevention of disorder. It is considered that the economic well-being of the UK is an aspect of national security and is thus excepted.
- 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 Senedd Cymru for Wales or the Northern Ireland Assembly without the consent of the legislature concerned. As the Scottish Parliament did not agree a Legislative Consent Motion, the Act does not amend provisions of RIPA which apply to Scotland and which are considered to relate to a devolved purpose.
