Northern Ireland Act 1998

Introduction U.K.

[F1 1. (1) Part 2 of this Schedule requires the Secretary of State to initiate the democratic consent process in relation to each new continuation period.

(2) Part 3 of this Schedule establishes, for the purposes of Article 18 of the Protocol as read with the unilateral Declaration, the default democratic consent process referred to in paragraphs 3 and 4 of the unilateral Declaration.

(3) Part 4 of this Schedule establishes, for the purposes of Article 18 of the Protocol as read with the unilateral Declaration, the alternative democratic consent process referred to in paragraphs 5 and 6 of the unilateral Declaration.

(4) Part 5 of this Schedule makes provision about procedural matters and the outcome of the democratic consent process.

(5) Part 6 of this Schedule makes provision about an independent review into the functioning of the Protocol.

(6) To the extent that the standing orders of the Assembly are inconsistent with this Schedule, this Schedule (rather than the standing orders) is to have effect.

(7) For the purposes of this Schedule, a motion that is tabled and then withdrawn is to be regarded, at times after its withdrawal, as not having been tabled.

(8) In this Schedule—

• “alternative democratic consent process” means the democratic consent process established by Part 4 of this Schedule;

• “default democratic consent process” means the democratic consent process established by Part 3 of this Schedule;

• “democratic consent process” means the process by which—

  (a)

  democratic consent in Northern Ireland to the continued application of Articles 5 to 10 of the Protocol is to be sought, and

  (b)

  a decision expressing that democratic consent is to be made;

• “notification of the start of the democratic consent process” has the meaning given in paragraph 4;

• “Protocol” means the Protocol on Ireland/Northern Ireland to the EU withdrawal agreement;

• “unilateral Declaration” means the declaration by Her Majesty’s Government concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol made on 17 October 2019.]

Textual Amendments

F1 Sch. 6A inserted (10.12.2020) by The Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 (S.I. 2020/1500), regs. 1(2), 2(3)