Territorial Extent
8.Subject to certain exceptions as described below, the provisions of the Act extend to England and Wales. In addition, the amendments to Parts 5 (Civil Recovery of the Proceeds etc of Unlawful Conduct), 8 (Investigations) and 11 (Co-operation) of POCA (sections 23, 37, 38(1) and 39), the provisions in respect of computer misuse (Part 2), serious crime prevention orders (sections 46 to 50 and Schedule 1), drug-cutting agents (Part 4), the extension of extra-territorial jurisdiction in respect of the offences in sections 5 and 6 of the Terrorism Act 2006 (section 81), the approval of two draft Council Decisions under Article 352 of TFEU (section 82) and the amendment to RIPA (section 83) extend to the whole of the United Kingdom. The amendments to Part 3 (Confiscation: Scotland) and Chapter 3 of Part 8 (Investigations) of POCA, to section 13 of the Computer Misuse Act 1990 and to the Prohibition of Female Genital Mutilation (Scotland) Act 2005 made by sections 15 to 22, 38(3), 43(6) and (7) and 70(2) apply to Scotland only, whilst those to Part 4 of POCA (Confiscation: Northern Ireland) made by Chapter 3 of Part 1 apply to Northern Ireland only. The new offence of possession of “paedophile manuals” (section 69 and Schedule 3) and the amendments made to the Female Genital Mutilation Act 2003 by section 70(1), 71, 72 and 73 extend to England and Wales and Northern Ireland. Whilst section 84, which makes provision in respect of the termination of pregnancy on grounds of the sex of the foetus, formally extends to the whole of the UK, its application is limited to England, Wales and Scotland.
9.The provisions in the Act in respect of drug-cutting agents (Part 4), the amendments to the Terrorism Act 2006 (section 81), that conferring parliamentary approval for the two draft EU Council Decisions (section 82), the amendment to RIPA (section 83) and the provision in respect of the termination of pregnancy on grounds of the sex of the foetus (section 84) relate to reserved matters in Scotland.
10.In relation to Wales, in the view of the UK Government all the provisions of the Act relate to non-devolved matters.
11.The provisions in the Act in respect of amendments to the Computer Misuse Act 1990 (Part 2), drug-cutting agents (Part 4), the amendments to the Terrorism Act 2006 (section 81), that conferring parliamentary approval for the two draft EU Council Decisions (section 82) and the amendment to RIPA (section 83) relate solely to excepted or reserved matters in Northern Ireland.