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Enterprise and Regulatory Reform Act 2013

Territorial Extent and Application

6.This Act extends to England and Wales, Scotland and Northern Ireland, as described below.

7.Parts 1 (UK Green Investment Bank) extends to the whole of the United Kingdom.

8.Part 2 (Employment) extends only to England and Wales and Scotland, with the exception of the provisions amending the National Minimum Wage Act 1998 (section 23(3), paragraph 11 of Schedule 1 and paragraphs 36 to 39 of Schedule 2) which also extend to Northern Ireland.

9.Part 3 (The Competition and Markets Authority) extends to the whole of the United Kingdom except for parts of Schedule 6, where the minor and consequential amendments reflect the territorial extension of the legislation being amended. Thus in Schedule 6, the amendments that amend the Gas Act 1986, Electricity Act 1989, Railways Act 1993, Utilities Act 2000 and Energy Act 2004 (paragraphs 15 to 44, 69 to 84, 101 to 107) extend only to England and Wales and Scotland; those that relate to the Water Industry Act 1991, Schedule 10 to the Transport Act 2000, the Legal Services Act 2007 and the Health and Social Care Act 2012 (paragraphs 52 to 68, 96, 108 to 123 and 127 to 139) extend only to England and Wales (and in the case of the amendments to the Health and Social Care Act 2012 apply only to England); those relating to the Solicitors (Scotland) Act 1980, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172) and the Legal Services (Scotland) Act 2010 (paragraphs 9 to 14, 45 to 51, 171 to 180 and 192 to 209) extend only to Scotland; and those relating to the Electricity (Northern Ireland) Order 1992, the Gas (Northern Ireland) Order 1996, the Energy (Northern Ireland) Order 2003 and the Water and Sewerage Services (Northern Ireland) Order 2006 (paragraphs 149 to 170 and 181 to 191) extend only to Northern Ireland.

10.Part 4 (Competition Reform) extends to the whole of the United Kingdom except for parts of Schedules 14 and 15. In the Schedules, the amendments that amend the Gas Act 1986, the Electricity Act 1989, the Railways Act 1993, the Utilities Act 2000 and the Railways and Transport Safety Act 2003 (paragraphs 1 to 7 and 11 to 14 of Schedule 14 and paragraphs 2, 3, 7, 13 and 41 of Schedule 15) extend only to England and Wales and Scotland; those that relate to the Water Industry Act 1991 and the Health and Social Care Act 2012 (paragraphs 8 to 10 and 20 to 22 of Schedule 14 and paragraphs 4 to 6 and 47 to 49 of Schedule 15) extend only to England and Wales (and in the case of the amendments to the Health and Social Care Act 2012 apply only to England); and those relating to the Electricity (Northern Ireland) Order 1992, the Energy (Northern Ireland) Order 2003, the Gas (Northern Ireland) Order 1996 and the Water and Sewerage Services (Northern Ireland) Order 2006 (paragraphs 23 to 29 of Schedule 14 and paragraphs 53 to 55 of Schedule 15) extend only to Northern Ireland.

11.In Part 5 (reduction of legislative burdens), sections 59 (on sunset and review provisions), 62 (Osborne Estate Acts 1902 and 1914), 67 (on primary authorities), 68 (on inspection plans) and 70 (estate agency) extend to the whole of the United Kingdom, as does Part 1 of Schedule 21 (which relates to the notification of TV sales etc). By Order in Council, Her Majesty may extend a repeal contained in Part 1 of Schedule 21 (relating to the notification of TV sales etc) to the Isle of Man or any of the Channel Islands if the provision being repealed extends to the Isle of Man or any of the Channel Islands.

12.Sections 60, 61 and 63 and the associated Schedules 16 and 17 which deal with planning consents and heritage planning regulation extend only to England and Wales.

13.Sections 64 (on the Commission for Equality and Human Rights), 65 (Equality Act 2010: third party harassment of employees) and 66 (obtaining information for proceedings) extend only to England and Wales and Scotland.

14.Section 69 (civil liability for breach of health and safety duties) extends only to England and Wales and Scotland except that it also extends to Northern Ireland so far as Parts 1 and 4 of the Health and Safety at Work etc. Act 1974 extend there. None of the amendments made by section 69 will apply to the breach of a duty which it would be within the legislative competence of the Scottish Parliament to impose.

15.Section 71(1) and (2), Schedule 18 and paragraphs 2 to 55, 59 and 61 to 65 of Schedule 19 (adjudicators) extend to England and Wales only. Paragraphs 1, 56 to 58, 60 and 66 of Schedule 19 extend to England and Wales and Scotland. Section 71(3), which introduces Schedule 19, effectively has the same extent as the various amendments made by that Schedule.

16.Section 72 and Schedule 20 (Abolition of the Agricultural Wages Board and related English bodies) and Parts 2 and 3 of Schedule 21 (which covers water undertakers: in area ban and bankruptcy early discharge procedure) extend only to England and Wales.

17.In Part 6 (miscellaneous and general), sections 83 (Redress schemes: lettings agency work) to 88 (Redress schemes: supplemental) extend to England and Wales but apply only in England.

18.Sections 89 to 91 (supply of customer data) extend to the whole of the United Kingdom.

19.Sections 92 and 93 (Insolvency: protection of essential supplies) extend to England and Wales and Scotland. Section 94 relating to individual voluntary arrangements extends to England and Wales only.

20.Section 96 (Royal Charters: requirements for Parliamentary approval) extends only to England and Wales.

21.Sections 97 (caste as an aspect of race) and 98 (equal pay audits) extend only to England and Wales and Scotland.

22.The rest of Part 6 has UK extent.

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