SCHEDULES
F1SCHEDULE 6AEU WITHDRAWAL: DEMOCRATIC CONSENT PROCESS
PART 5Procedural Matters and Outcome
17Application
This Part applies in relation to any motion for a consent resolution whether the default democratic consent process or the alternative democratic consent process is applicable.
18Procedural matters relating to motions for consent resolutions
1
A motion for a consent resolution is to be decided without amendment.
2
The question on a motion for a consent resolution is to be decided by a majority of those members of the Assembly voting.
3
Where a consent resolution is passed by a majority of the members voting, the Presiding Officer must—
a
determine whether the resolution has also been passed with cross-community support; and
b
announce the determination of that question.
4
For provision about the consequences of a consent resolution also being passed with cross-community support, see paragraph 3(2).
5
Section 42 does not apply in relation to a motion for a consent resolution.
6
Once the Assembly has decided the question on a motion for a consent resolution which relates to a continuation period (whether the Assembly has passed the motion or not), further notice of a motion for a consent resolution which relates to that continuation period may not be tabled, or if already tabled, may not be proceeded with.
7
A reference in this paragraph or in paragraph 19 or 20 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.
19Outcome of process: Presiding Officer to notify Secretary of State
1
This paragraph applies when the Assembly decides the question on a motion for a consent resolution which relates to a new continuation period.
2
The Presiding Officer must give the Secretary of State written notification of the following matters—
a
whether or not the Assembly passed the consent resolution;
b
if the Assembly passed the consent resolution, whether the Assembly passed it—
i
by a majority of the members voting but not with cross-community support, or
ii
with cross-community support.
3
The notification must be given before the start of the final 5 days of the current period.
20Outcome of process: Secretary of State to notify European Commission
1
This paragraph applies when the Presiding Officer gives the Secretary of State the notification required by paragraph 19 in relation to a motion for a consent resolution which relates to a new continuation period.
2
The Secretary of State must give the European Commission written notification of the following matters—
a
whether or not the Assembly passed the consent resolution;
b
if the Assembly passed the consent resolution, whether the Assembly passed it—
i
by a majority of the members voting but not with cross-community support, or
ii
with cross-community support.
3
The notification must be given on or before the final day of the current period.
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)