Territorial extent and application
- Section 47 sets out the territorial extent of the provisions of the Act. The extent of an Act is the legal jurisdiction of which it forms part of the law; application refers to where it has practical effect.
- The regulation of precision bred organisms is a devolved matter and the provisions of this Act generally extend to England and Wales only and apply in relation to England only. Section 41 amends the Environmental Protection Act 1990 which extends to England and Wales and Scotland, so that section and the definitions in Part 1 of the Act to which those amendments refer likewise extend to England and Wales and Scotland. The general provisions in sections 42 to 48 extend to England and Wales and Scotland and Northern Ireland.
- As a result of the changes proposed in the Act, it will be possible to market precision bred plants and animals in England without the need for consent under Part 6 of the Environmental Protection Act 1990. The mutual recognition principle in the United Kingdom Internal Market (UKIM) Act 2020 will apply to precision bred plants and animals, and food and feed derived from them, which are produced in or imported into England, meaning that it would be possible to place them legally on the market in Scotland and Wales if they can be marketed lawfully in England as a result of this Act and the delegated legislation to be made under it. Precision bred organisms, and food derived from them, moved to Northern Ireland from Great Britain will need to comply with the arrangements agreed under the Windsor Framework.
- See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.
