Part 2 of this Schedule establishes a new Windsor Framework Democratic Scrutiny Committee of the Assembly.

Part 3 of this Schedule sets out, for the purposes of Article 13 of the Windsor Framework, the process by which members of the Assembly may seek to prevent the application of a replacement EU act under the Framework.

Part 4 of this Schedule makes provision relating to the position of the United Kingdom in the Joint Committee with respect to the proposed application of EU acts under the Windsor Framework.

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.

For the purposes of this Schedule, a motion that is tabled and then withdrawn is to be regarded, at times after its withdrawal, as not having been tabled.

In this Schedule—

• “Article 13(3a) declaration” means the unilateral declaration by His Majesty’s Government concerning the involvement of the institutions of the 1998 Agreement as annexed to the decision of the Joint Committee which lays down arrangements relating to the Windsor Framework;

• “clerk to the Assembly” has the same meaning as in Schedule 6A;

• “Committee” means the committee established by paragraph 2;

• “Framework” means the Windsor Framework;

• “Joint Committee” has the same meaning as in the European Union (Withdrawal) Act 2018;

• “new EU act” means a new EU instrument which has been notified to the United Kingdom in accordance with Article 13(4) of the Windsor Framework;

• “replacement EU act” means an EU instrument which amends or replaces any of the EU instruments referred to in the third subparagraph of Article 5(1) of the Windsor Framework, the first indent of heading 1 of Annex 2 to the Framework or headings 7 to 47 of Annex 2 to the Framework;

• “scrutiny period” means the period of two months beginning with the day on which a replacement EU act is published;

• “Windsor Framework” has the same meaning as in the joint declaration of the United Kingdom of Great Britain and Northern Ireland and the European Union in the Joint Committee which reflects the arrangements in the decision of that Joint Committee laying down the arrangements relating to the Windsor Framework.

The purpose of the Committee is to assist with the observation and implementation of Article 13(3a) and (4) of the Framework.

Subject to sub-paragraph (2), the power in section 44(1) may be exercised by the Committee as if the Committee had been expressly authorised to do so in accordance with section 44(6).

Subsection (2) of section 44 has effect in relation to the Committee as if for paragraphs (a) and (b) there were substituted “the purpose or functions of the Windsor Framework Democratic Scrutiny Committee”.

Following receipt of a notification under paragraph 6(1)(a), the Committee may monitor the progress of the proposed new EU act or replacement EU act and publish any interim reports which the Committee considers appropriate.

If the Committee decides to monitor the progress of a proposed new EU act or replacement EU act in accordance with sub-paragraph (1), the Committee may also decide to hold an inquiry into that EU act.

A decision under sub-paragraph (1) must be made no later than five working days after the day on which the notification is made.

The Committee must publish any decision made in accordance with this paragraph.

A failure to make a decision in accordance with this paragraph is to be treated as a decision not to hold an inquiry or not to continue an inquiry which had already begun, as the case may be.

A Committee inquiry held in accordance with paragraph 7 or 8 may consider any matters which the Committee considers appropriate.

A Minister or Northern Ireland department must comply with any reasonable request for information made by the Committee which is relevant to an inquiry of that Committee.

The Committee must publish a report of the conclusions of an inquiry into a replacement EU act no later than fifteen working days before the end of the scrutiny period that relates to that EU act.

A report issued in accordance with sub-paragraph (1) may include any information which the Committee considers appropriate.

Minutes and evidence published in accordance with sub-paragraph (3) may be subject to such redactions or omissions as the Committee considers appropriate.

The process under this Part of this Schedule for members of the Assembly to seek to prevent a replacement EU act from applying under the Framework is initiated if the Presiding Officer is provided with a written notification which gives detailed reasons for seeking to prevent the application of that EU act with reference to the requirements in paragraph 1(c) of the Article 13(3a) declaration.

A notification under this paragraph must be provided to the Presiding Officer no later than ten working days before the end of the scrutiny period.

The Presiding Officer must publish a notification provided to the Secretary of State in accordance with paragraph 12.

A notification published in accordance with this paragraph is published under the Assembly’s authority for the purposes of section 50(1)(b).

In reaching a decision under sub-paragraph (1), the possibility of the European Union taking remedial measures in accordance with Article 13(4) of the Framework is not a relevant consideration.

If the Secretary of State decides not to accept a notification, the Secretary of State must, without undue delay, provide written reasons to the Presiding Officer as to why it is considered that the requirements set out in paragraph 14(1)(a) to (c) have not been met.

Such a decision does not prevent a separate notification from being made in relation to the same replacement EU act in accordance with this Part of this Schedule.

The Presiding Officer must, as soon as possible, provide any reasons given in accordance with sub-paragraph (1) to the members who have agreed to the notification under paragraph 11.

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.

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.

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.

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—

  1. a

     materially divert trade, or

  2. b

     materially impair the free flow of goods.

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.

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.

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).

No other member of the Assembly may table an applicability motion unless the two-week period expires with no such motion having been tabled.

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.

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).

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.