Textual Amendments
F1Sch. 6B inserted (2.2.2024) by The Windsor Framework (Democratic Scrutiny) Regulations 2024 (S.I. 2024/118), reg. 1(2), Sch.
17.In this Part, an “applicability motion”, in relation to the application of a new EU act, means a motion of the Assembly tabled in this form—
“That [x] should be added to the Windsor Framework by the United Kingdom and the European Union within the Joint Committee in accordance with Article 13(4) of that Framework.”
where “[x]” is to be substituted with the title of the new EU act.
18.(1)A Minister of the Crown must not agree to the adoption of a decision by the Joint Committee to add a new EU act to the relevant annex in accordance with Article 13(4) of the Framework unless the Assembly has indicated support for the application of that EU act by passing an applicability motion.
(2)But the Minister of the Crown may agree to the adoption of such a decision if the Minister considers that—
(a)there are exceptional circumstances that justify the adoption of the decision in the absence of an applicability motion having been passed, or
(b)the new EU act would not create a new regulatory border between Great Britain and Northern Ireland.
(3)Before proceeding under sub-paragraph (2), the Minister of the Crown must make a statement to Parliament explaining why the Minister is of the opinion that the condition in either sub-paragraph (2)(a) or (2)(b) is met.
(4)Sub-paragraph (1) does not apply to a new EU act which was the subject of any European Commission proposal of 27 February 2023 relating to the Framework.
(5)In this paragraph—
“exceptional circumstances” includes circumstances in which the Assembly has, as its first business, failed to elect from among its members a Presiding Officer and deputies or there is no First Minister and deputy First Minister in office, and
“a new regulatory border” means regulatory requirements relating to the movement of goods that would—
materially divert trade, or
materially impair the free flow of goods.
19.(1)No applicability motion may be tabled in relation to a new EU act until a notification has been made under sub-paragraph (2) in relation to the same new EU act.
(2)A notification under this paragraph may be made if a new EU act is being considered by the Joint Committee under Article 13(4) of the Framework.
(3)A notification is made under sub-paragraph (2) if His Majesty’s government in the United Kingdom provides the notification to—
(a)the chair of the Committee,
(b)the clerk of the Committee,
(c)the clerk to the Assembly, or
(d)the Presiding Officer.
(4)The First Minister and the deputy First Minister acting jointly may table an applicability motion within a period of two weeks beginning with the day on which a notification is made in accordance with sub-paragraph (2).
(5)No other member of the Assembly may table an applicability motion unless the two-week period expires with no such motion having been tabled.
(6)A vote on an applicability motion must be passed with cross-community support and must be passed within a period of five weeks beginning with the day on which the notification referred to in sub-paragraph (2) is made.
(7)If an applicability motion has been tabled, the Presiding Officer must select that motion for debate and a vote in the Assembly no later than the final sitting day of the Assembly before the end of the period referred to in sub-paragraph (6).
(8)A Minister of the Crown may extend any of the time periods referred to in this paragraph by providing written notification of such an extension to the Presiding Officer.]