The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024

Amendment of the Northern Ireland Act 1998

4.—(1) The Northern Ireland Act 1998 is amended as follows.

(2) In Schedule 6A (Democratic consent process)(1), in paragraph 21 (Independent review into the functioning of the Windsor Framework)—

(a) in sub-paragraph (2), at the beginning, for “The” substitute “Within one month of receiving the notification, the”;

(b) after sub-paragraph (2) insert—

“(2A) The review may include consideration of any effect of the Windsor Framework in the withdrawal agreement on—

(a) the constitutional status of Northern Ireland, and

(b) the operation of the single market in goods and services between Northern Ireland and the rest of the United Kingdom.

(2B) The person commissioned by the Secretary of State to carry out the review must provide to the Secretary of State a report of its conclusions no later than six months after having been commissioned.

(2C) Upon receipt of a report by the Secretary of State in accordance with sub-paragraph (2B), a Minister of the Crown must—

(a) lay a copy of that report before Parliament, and

(b) transmit a copy of that report to the Presiding Officer.

(2D) The Presiding Officer must lay before the Assembly a copy of any report received in accordance with sub-paragraph (2C)(b).

(2E) A Minister of the Crown must raise in the Joint Committee any issues raised or recommendations made by a report received by the Secretary of State in accordance with sub-paragraph (2B).

(2F) No later than six months after receiving the report, the Secretary of State must publish a written response to any recommendations made by that report.

(2G) A response published in accordance with sub-paragraph (2F) must contain information about the Secretary of State’s response to any representations made about the report—

(a) by either House of Parliament or a committee thereof, or

(b) by the Assembly.”;

(c) in sub-paragraph (3), for “this paragraph” substitute “sub-paragraph (1)”;

(d) after sub-paragraph (3), insert—

“(4) In this paragraph, “Joint Committee” has the same meaning as in the European Union (Withdrawal) Act 2018.”

(1)

Schedule 6A was inserted by S.I. 2020/1500, regulations 1(2) and 2(3).