This section covers UK legislation and the Crown Dependencies, enabling provision, statutory instruments and consulting on the islands legislation.
UK legislation does not normally extend to the Crown Dependencies and must never be extended to the Islands without their consent. You should consult us immediately if the content of a proposed Bill appears relevant to the Islands and before any mention of the Islands is made in a published Bill. If Jersey, Guernsey or the Isle of Man agree that a UK Act should be extended to them, an Order in Council can be made under an enabling provision contained in the Act.
Jersey, Guernsey and the Isle of Man must be consulted before an enabling provision is included in published Bills. If they agree, the provisions should be drafted in consultation with them.
Statutory Instruments should be treated in the same way as primary legislation. Therefore, if any Statutory Instruments are to be made under legislation that extends to the islands, it is important that the islands are consulted in advance and that their consent is obtained.
We consult on legislation from Jersey, Guernsey or the Isle of Man with those UK Government departments and agencies with policy responsibility for comparable legislation in the UK. This is to ensure there is nothing in the legislation that could lead to Royal Assent being refused. The Lord Chancellor, who is the Privy Counsellor with responsibility for the Crown Dependencies, can then advise The Privy Council that the legislation may be granted Royal Assent.
Legislation has often been passed by the respective Island parliament before consultation. If this is the case, you should comment only on any substantial faults in the legislation that could lead to it being refused Royal Assent. You should not comment on points of drafting or information about the way in which an Island law differs from similar legislation in the UK. However, if you feel that such comments might be valuable for the Island governments in relation to any subsequent legislation, we will convey them to the Islands' authorities.