Annex A - Territorial extent and application
- This Act extends and applies to the whole of the UK, aside from in a small number of areas, as set out above.
- Repeals, revocations and amendments made by the Act have the same territorial extent and application as the legislation that they are amending.
- Regulations made under powers in the Act may have extraterritorial effect where they are being used to amend legislation which already produces a practical effect outside the UK.
- The Act confers powers onto Devolved Ministers. These are:
- A power for Ministers in Scotland, Wales, and the relevant department in Northern Ireland to amend the list of exempt educational institutions included at Part 2 of Schedule 1 under section 221.
- A power for Ministers in Scotland to amend the list of CSEA offences included in Part 2 of Schedule 6 under section 222(2).
- The Government sought the consent of the relevant legislatures for these provisions as they alter the powers of Ministers of the devolved administrations. As set out above, the Northern Ireland Assembly was adjourned during the parliamentary passage of the Act.
- This Act also legislates for a number of new offences. The extent of these offences is set out below:
- The False Communication Offence under sections 179, 180 and 182 extends and applies to England, Wales and Northern Ireland. It does not extend to Scotland. The offence is devolved.
- The Threatening Communication Offence under sections 181 and 182 extends and applies to England, Wales and Northern Ireland. It does not extend to Scotland. The offence is devolved.
- The Offence under section 183 of sending or showing flashing images electronically extends and applies to England and Wales and Northern Ireland. This offence is reserved in respect of Northern Ireland, and partially devolved for Wales. It does not extend to Scotland.
- The Offence under section 184 of encouraging or assisting the serious self-harm of another person extends and applies to England and Wales, Scotland and Northern Ireland. This offence is devolved in respect of Wales, Scotland and Northern Ireland.
- The Intimate Image Abuse Offence under section 187 and the Cyberflashing Offence under section 188 are to be inserted into the Sexual Offences Act 2003, which applies to England and Wales only. These offences are reserved.
