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Immigration And Social Security Co-Ordination (Eu Withdrawal) Act 2020

Territorial extent and application

  1. Section 8 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 the provisions of an Act will have a practical impact when implemented.
  2. The provisions of the Act will extend to the whole of the United Kingdom.
  3. The Act includes provision for Part 1 and section 7 and 10 of Part 3 (to the extent relating to Part 1) to be extended to the Crown Dependencies and the British Overseas Territories by Order in Council. In addition, the power at section 5 may be used to make provision extending to the Channel Islands, the Isle of Man and the British Overseas Territories where the legislation being amended by regulations made under that power already extends directly to those territories.
  4. The Act will not make any changes to the Common Travel Area arrangements between the UK and Ireland and the Crown Dependencies, other than that provided in section 2.
  5. As immigration policy is a reserved area, the Act’s immigration measures will not engage the legislative consent process in any of the devolved legislatures. However, a legislative consent motion has been obtained from the Northern Ireland assembly in respect of section 6 of the Act, which relates to social security co-ordination. 
  6. The Act will have an impact in areas within the legislative competence of the Northern Ireland Assembly in relation to certain aspects of social security co-ordination.

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