EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision about the Windsor Framework and related constitutional matters.
Regulation 2 provides for amendment to the European Union (Withdrawal Agreement) Act 2020. Section 38 of that Act is amended to insert provision about the Windsor Framework with reference to existing constitutional arrangements, including the constitutional status of Northern Ireland as part of the United Kingdom, the United Kingdom’s internal market, the power of the Parliament of the United Kingdom to legislate for Northern Ireland and executive power in Northern Ireland. A new section 38A is inserted to provide for a restriction on the making of certain Northern Ireland-related agreements with the European Union where they cover related subject matter to the subject matter of the Windsor Framework. This regulation also updates the definition of “withdrawal agreement” in section 39 of the same Act to reflect the agreement of the Windsor Framework. “withdrawal agreement” is an expression defined in Schedule 1 to the Interpretation Act 1978.
Regulation 3 provides for amendment to the European Union (Withdrawal) Act 2018, including an amendment to section 7A (General implementation of remainder of withdrawal agreement). Section 7A is the “conduit pipe” through which certain EU law applied by the withdrawal agreement flows into domestic law. The amendment made by this regulation clarifies that, under the provisions of the Windsor Framework, there are democratic scrutiny and consent mechanisms that apply to that EU law. A new section 13C is also inserted, making provision for statements to be made in relation to Bills that affect trade between Northern Ireland and another part of the United Kingdom.
Regulation 4 amends Schedule 6A to the Northern Ireland Act 1998 to make provision about the independent review aspect of the democratic consent arrangements arising under the Windsor Framework.
Details of the Windsor Framework are available at https://www.gov.uk/government/publications/the-windsor-framework or from the Foreign, Commonwealth and Development Office, King Charles Street, London, SW1A 2AH.
A full impact assessment has not been produced for this instrument. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.