European Union (Withdrawal) Act 2018

10 Continuation of North-South co-operation and the prevention of new border arrangements

(1) In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—

(a) act in a way that is compatible with the terms of the Northern Ireland Act 1998, and

(b) have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.

(2) Nothing in section 8, 9 or 23(1) or (6) of this Act authorises regulations which—

(a) diminish any form of North-South cooperation provided for by the Belfast Agreement (as defined by section 98 of the Northern Ireland Act 1998), or

(b) create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.