Territorial Extent
30.Subject to the provisions of subsections (2) to (6) of section 57 the Act extends to England, Wales, Scotland and Northern Ireland. Amendments, modifications and repeals made by the Act (other than those amendments mentioned in subsection (4)) have the same extent as the provisions to which they relate. Subject to section 57(6), provisions, other than those of Part 1 or section 53, may be extended to any of the Channel Islands or the Isle of Man by Order in Council.
31.The consent of the Scottish Parliament was sought on 19 March 2009 for the provisions in the Act that trigger the Sewel Convention. These provisions relate to section 52 which extends the permissive detention power in section 2 of the UKBA 2007 to designated immigration officers in Scotland. The provision will enable an immigration officer designated under section 1 of the UKBA 2007 to detain, at a port in Scotland, an individual whom the immigration officer thinks is subject to a warrant for arrest. The Sewel Convention provides that Westminster will not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.