Automated Vehicles Act 2024

Territorial extent and application

1. Section 98 sets out the territorial extent of the Act, that is the jurisdictions where the Act forms part of the law. The extent of an Act can be different to its application. Application is about where the Act produces a practical effect rather than where it forms part of the law.
2. The Act generally extends and applies to England and Wales and Scotland, with the exception of the following sections which do not extend to Scotland:
   1. Section 54(2) (Dangerous use etc), which inserts a new section 22B (offence of causing danger to road-users resulting in automated vehicle killing or seriously injuring) into the Road Traffic Act 1988. The new offence’s extent is consistent with the previous offence in section 22A of the Road Traffic Act 1988, which also extends to England and Wales only.
   2. Section 93 (Provision of information about traffic regulation measures) extends to England and Wales only.
3. The core provisions of the Act do not apply to Northern Ireland in line with the Road Traffic Act 1988, which extends to England and Wales and Scotland only. Northern Ireland has its own road traffic laws. However, the Act also makes certain consequential amendments extending to Northern Ireland:
   1. Schedule 3 makes consequential amendments to provisions in existing legislation extending to England and Wales, Scotland and Northern Ireland. An amendment made by a Schedule has the same extent as the provision amended. Accordingly, Schedule 3 and the provisions in the Act providing for it (section 53(3) and 54(4)) extend to England and Wales, Scotland and Northern Ireland as relevant.
   2. Paragraph 2 of Schedule 5 extends to England and Wales, Scotland and Northern Ireland, as it amends the Consumer Rights Act 2015 which has that extent. section 81(4) accordingly also extends to England and Wales, Scotland and Northern Ireland.
4. The provisions in Part 7 of the Act (General provision) also extend to Northern Ireland, as well as England and Wales and Scotland.
5. The Act provides for extraterritorial application in relation to:
   1. The Secretary of State’s powers to issue information and interview notices specifying individuals or classes of individuals consistent with section 19 (Notices requiring individual attendance). section 19 provides that notices may specify an individual or class of individuals who are carrying out, or have carried out, paid work for a regulated body (in whatever capacity). These individuals need not have any further connection to the United Kingdom.
   2. The offences in section 78 (Restriction of certain terms to authorised automated vehicles) and section 79 (Communications likely to confuse as to autonomous capability). These offences can be committed anywhere in the world. In both cases, for the elements of the offence to be made out, it must be reasonable to anticipate that the use of the term or communication will come to the attention of an end-user or potential end-user of road vehicles in Great Britain.
6. Where relevant, the commentary on individual provisions of the Act also includes a paragraph explaining their application.
7. The provisions in Part 5 of the Act (Permits for automated passenger services) touch on matters which are devolved to Scotland and Wales, insofar as they relate to any passenger services not provided in public service vehicles. Section 40 of the Act (Power to require reports from police and local authorities) gives the Secretary of State power to impose reserved functions on Devolved Welsh Authorities and to modify the executive competence of Scottish Ministers for reserved purposes.
8. See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.