Territorial Extent
361.The Act extends to Great Britain only, with the exception of section 82 which extends only to Northern Ireland.
362.Equal opportunities are in principle reserved to the Westminster Parliament, but the encouragement of equal opportunities is an exception to this rule and falls within the devolved competence of the Scottish Parliament. Some sections of this Act fall partly within the competence of the Scottish Parliament. These include sections relating to promotion of equality and diversity in Part 1, the promotion of equal opportunities in the gender duty and duties imposing functions on Scottish Ministers in Part 4. The Scottish Parliament agreed that it was content for Parliament to legislate for Scotland in this devolved area. Human rights as a topic is neither reserved nor devolved – a human rights issue falls within the competence of the Scottish Parliament if the underlying subject matter is not reserved. The CEHR’s human rights role in Scotland is intended to be limited in practice to human rights issues on reserved topics.
363.Under the Welsh devolution settlement the subject matter of equal opportunites is not transferred to Wales.
364.Except for Clause 82 and amendments consequential upon it, the Act does not extend to Northern Ireland since equal opportunities are "transferred matters" under the Northern Ireland Act 1998. But the Act will make a small number of consequential amendments and repeals to legislation which applies in Northern Ireland, and so the Act will extend to Northern Ireland to that limited extent.
