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Last updated: 08 July 2009
17.1 Acts of the United Kingdom Parliament do not normally extend to the Crown Dependencies (Jersey, Guernsey, Alderney, Sark and the Isle of Man). If they do, they may do so either by virtue of the Act itself (this may be either expressed on the face of the Act or by necessary implication), or by Order in Council made with the agreement of the Insular Authorities under an enabling provision contained in the Act. For an Act to extend otherwise than by an Order in Council is now very unusual and the Insular Authorities must be fully consulted if that approach is being considered.
17.2 If an enabling provision for an Order in Council, known as a “permissive extent clause”, is to be used, this clause should be included in published Bills only after the MoJ has consulted the Insular Authorities. Similarly, any Orders that the Insular Authorities subsequently agree should include only those provisions drafted in consultation with them. It is therefore important that the MoJ is consulted at an early stage if the content of a proposed Bill appears relevant to the Crown Dependencies, and before any mention of the Crown Dependencies is made in a published Bill.
17.3 Departments should not make direct contact with the Insular Authorities unless the MoJ and the Insular Authorities concerned have specifically agreed such action but, in any event, it is essential that the International Directorate in MoJ is notified of such contact where it concerns policy matters.