Northern Ireland Act 1998

Independent review into the functioning of the Protocol U.K.

[F1 21. (1) This paragraph applies where the Presiding Officer notifies the Secretary of State that the Assembly has passed a consent resolution by a majority of the members voting but not with cross-community support.

(2) [F2 Within one month of receiving the notification, the] Secretary of State must commission an independent review into the functioning of the Protocol in accordance with paragraphs 7 to 9 of the unilateral Declaration.

[F3 (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.]

(3) The reference in [F4 sub-paragraph (1)] to the Presiding Officer has effect as a reference to the interim Presiding Officer if a person is holding that office in accordance with paragraph 16.

[F5 (4) In this paragraph, “Joint Committee” has the same meaning as in the European Union (Withdrawal) Act 2018.]]

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)

F2 Words in Sch. 6A para. 21(2) substituted (20.2.2024) by The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 (S.I. 2024/164), regs. 1(2), 4(2)(a)

F3 Sch. 6A para. 21(2A)-(2G) inserted (20.2.2024) by The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 (S.I. 2024/164), regs. 1(2), 4(2)(b)

F4 Words in Sch. 6A para. 21(3) substituted (20.2.2024) by The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 (S.I. 2024/164), regs. 1(2), 4(2)(c)

F5 Sch. 6A para. 21(4) inserted (20.2.2024) by The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 (S.I. 2024/164), regs. 1(2), 4(2)(d)