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The Flags (Northern Ireland) (Amendment) (EU Exit) Regulations 2019

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This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.

Draft Regulations laid before Parliament under paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2019 No. XXXX

Exiting The European Union, Northern Ireland

Armorial Bearings, Ensigns And Flags, Northern Ireland

The Flags (Northern Ireland) (Amendment) (EU Exit) Regulations 2019

Made

***

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018(1).

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Flags (Northern Ireland) (Amendment) (EU Exit) Regulations 2019.

(2) They come into force on the day after the date on which they are made.

(3) The Interpretation Act (Northern Ireland) 1954(2) applies to regulation 2 of these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Flags Regulations (Northern Ireland) 2000

2.—(1) The Flags Regulations (Northern Ireland) 2000(3) are amended as follows.

(2) Omit Regulation 2(4) (flying of European flag in addition to Union flag).

(3) In Regulation 5(1)(a) (manner of flying flags), for “2(4) or 3(2) requires or permits” substitute “3(2) permits”.

(4) In Regulation 8 (discretion to fly flags), for “2(4) or 3(2) requires or permits” substitute “3(2) permits”.

(5) In Part 2 of Schedule 1 (days on which the Union Flag is to be flown at full mast), omit the entry for 9th May.

Name

Minister of State

Northern Ireland Office

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the power in section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address deficiencies arising from the withdrawal of the United Kingdom from the European Union.

In accordance with section 8(2)(e) of that Act, the Regulations amend legislation which deals with arrangements which are no longer appropriate as a result of withdrawal. The Flags Regulations (Northern Ireland) 2000 (S.R. 2000/347) which make provision for when flags may be flown on government buildings and court buildings in Northern Ireland are amended. In particular those Regulations require the flying of the Union flag, and where a building has two flagpoles, the European flag, on Europe Day (May 9th). These Regulations remove those requirements.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

(2)

1954 c. 33 to which there are amendments and they are not relevant here.

(3)

S.R. 2000/347; amended by section 67 of the Justice (Northern Ireland) Act 2002 c. 26 and S.R. 2003/553.

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