Territorial extent and application
- Section 9 sets out the territorial extent of the Act, that is the jurisdictions in which the Act forms part of the law. The extent of an Act can be different from its application. Application is about where an Act produces a practical effect. All provisions of the Act (including the consequential provision) are to extend to England, Wales and Northern Ireland only. Section 5 has no application in relation to Northern Ireland, and sections 6 and 9 have no application in England and Wales. Otherwise, all provisions of the Act apply in both jurisdictions.
- Although postal services are a "reserved" policy, justice and criminal records are devolved matters in Scotland and Northern Ireland. The decision to extend the Act to Northern Ireland was taken at Commons Committee on 29 April 2024, following Government amendments. This decision was taken in recognition of the unique challenges faced by the Northern Ireland Executive in bringing forward its own legislation to quash convictions at the same pace as the Act and to reflect the high degree of cross-community support in Northern Ireland for extension.
- The UK Government believes that the Scottish Government is best placed to legislate to overturn convictions undertaken in its jurisdiction.
- The scandal did not affect any postmasters in the UK’s Crown Dependencies or Overseas Territories and hence no provision is required for those jurisdictions.
