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Product Security And Telecommunications Infrastructure 2022

Territorial extent and application

  1. Save as set out below, the Act extends and applies to England and Wales, Scotland and Northern Ireland. In respect of Northern Ireland, the Act is compatible with the Protocol on Ireland/Northern Ireland to the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.
  2. In Part 2, Sections 61, 63 and 65 extend and apply to England and Wales only, as these Sections make amendments to the Landlord and Tenant Act 1954, which extends and applies only to England and Wales. Similarly, Sections 62 and 64 extend and apply to Northern Ireland only, as they amend the Business Tenancies (Northern Ireland) Order 1996, which extends and applies only to Northern Ireland. Section 71 amends paragraph 95 of the Code and so extends to England and Wales, Scotland and Northern Ireland. However, the change made by that Section, conferring a power on the Secretary of State to confer jurisdiction for Code disputes on the First-tier Tribunal in relation to Wales, will only apply in Wales. This is because paragraph 95 already confers an equivalent power on the Secretary of State in relation to England, while also already making sufficient - albeit different - provision for Scotland and Northern Ireland.
  3. Section C10 of Schedule 5 to the Scotland Act 1998, section C9 of Schedule 7A to the Government of Wales Act 2006 and paragraph 29 of Schedule 3 to the Northern Ireland Act 1998 provide for telecommunications and wireless telegraphy to be reserved matters. Section C7 of Schedule 5 to the Scotland Act 1998 and section C6 of Schedule 7A to the Government of Wales Act 2006 provide for consumer protection to be a reserved subject matter, while paragraph 37 of Schedule 3 to the Northern Ireland Act 1998 provides for consumer safety in relation to goods to be a reserved subject matter. In the view of the UK Government, the subject matters of the provisions in the Act are reserved subject matters in Scotland, Wales and Northern Ireland.

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