SCHEDULES

F1SCHEDULE 6AEU WITHDRAWAL: DEMOCRATIC CONSENT PROCESS

Annotations:
Amendments (Textual)

PART 1General

1Introduction

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For the purposes of this Schedule, a motion that is tabled and then withdrawn is to be regarded, at times after its withdrawal, as not having been tabled.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

    1. a

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

    2. 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.