Extent
Part 16 General and miscellaneous
(1)This Act forms part of the law of England and Wales.
(2)This Act, apart from section 190 (improvements to let dwelling houses) and Part 15 (family property), forms part of the law of Scotland.
(3)Each of the following also forms part of the law of Northern Ireland—
(a)section 82 (offshore work);
(b)section 105(3) and (4) (expiry of Sex Discrimination (Election Candidates) Act 2002);
(c)section 199 (abolition of presumption of advancement).
The court held that the extent provision merely identifies the parts of the law forming part of the law of England and Wales, Scotland or Northern Ireland; it does not define the geographical reach of the functions covered by section 149 (see paras [155]-[159]). The court treated subsection 217(1) as addressing the territorial extent of the Act as part of the law of England and Wales, not the territorial scope of public functions (see paras [155]-[156]). The court noted subsection 217(2) as part of the Act’s territorial extent provisions and held that such provisions did not govern the geographical reach of section 149 functions (see paras [155]-[156]). The court noted subsection 217(3) as part of the Act’s territorial extent provisions and held that such provisions did not govern the geographical reach of section 149 functions (see paras [155]-[156]).
The geographic-scope provision addressed a question different from whether the PSED applied to an overseas resettlement decision (see para [49]).
The provision concerns the Act’s place within the law of England and Wales. It does not determine the geographical scope of the public functions covered by sections 29 and 149. (see para [38])
What each judgment says about section 217 is in the case-law panel in the full Act.
668.This section explains that all of the provisions of the Act are part of the law of England and Wales.
669.All of the provisions of the Act, except for section 190 (improvements to let dwelling houses) and Part 15 (family property), are also part of the law of Scotland.
670.In relation to Northern Ireland, the Act is not part of Northern Ireland’s law, except for the following:
Section 82 (offshore work);
Section 105(3) and (4) (expiry of Sex Discrimination (Election Candidates), Act 2002);
Section 199 (abolition of presumption of advancement).