Territorial Extent and Application Territorial application: Scotland
17.The amendments to the 2006 Act in sections 1, 2, 3 and 9 extend to and apply in Scotland because the related provisions of the 2006 Act and the Goods Vehicles (Licensing of Operators) Act 1995 (which is relevant to section 9) also extend to and apply in Scotland. The sections do not provide Scottish Ministers with any new powers, but section 2 does alter the type of procedure that they must follow in making some advertising and trading regulations for Scotland. At present, advertising and trading regulations for Scotland may not be made unless a draft has been laid before and approved by a resolution of the Scottish Parliament. Section 2 alters this for the second and subsequent regulations if the Scottish Ministers consider that by reason of urgency it is necessary that they be made without being approved in draft. In such a case they will be subject to annulment by resolution of the Scottish Parliament after they have been made by Scottish Ministers. The first advertising and trading regulations will remain subject to the affirmative resolution procedure.
18.The Scottish Parliament’s consent was obtained for the provisions in the Act that trigger the Sewel Convention. Those provisions are sections 1, 2 and 3 which amend the 2006 Act in relation to advertising and trading and the sale of tickets and extend to and apply in Scotland. The Sewel Convention provides that Westminster will not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.