Northern Ireland Act 1998

[F1 PART 1 U.K. General

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)

Introduction U.K.

1. (1) Part 2 of this Schedule requires the Secretary of State to initiate the democratic consent process in relation to each new continuation period.

(2) Part 3 of this Schedule establishes, for the purposes of Article 18 of the Protocol as read with the unilateral Declaration, the default democratic consent process referred to in paragraphs 3 and 4 of the unilateral Declaration.

(3) Part 4 of this Schedule establishes, for the purposes of Article 18 of the Protocol as read with the unilateral Declaration, the alternative democratic consent process referred to in paragraphs 5 and 6 of the unilateral Declaration.

(4) Part 5 of this Schedule makes provision about procedural matters and the outcome of the democratic consent process.

(5) Part 6 of this Schedule makes provision about an independent review into the functioning of the Protocol.

(6) 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.

(7) For the purposes of this Schedule, a motion that is tabled and then withdrawn is to be regarded, at times after its withdrawal, as not having been tabled.

(8) In this Schedule—

• “alternative democratic consent process” means the democratic consent process established by Part 4 of this Schedule;

• “default democratic consent process” means the democratic consent process established by Part 3 of this Schedule;

• “democratic consent process” means the process by which—

  (a)

  democratic consent in Northern Ireland to the continued application of Articles 5 to 10 of the Protocol is to be sought, and

  (b)

  a decision expressing that democratic consent is to be made;

• “notification of the start of the democratic consent process” has the meaning given in paragraph 4;

• “Protocol” means the Protocol on Ireland/Northern Ireland to the EU withdrawal agreementF2 ;

• “unilateral Declaration” means the declaration by Her Majesty’s Government concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol made on 17 October 2019.

Textual Amendments

F2 EU Withdrawal Agreement is defined in Schedule 1 to the Interpretation Act 1978 (c. 30).

Meaning of “consent resolution” and effect if consent resolution rejected U.K.

2. (1) In this Schedule “consent resolution” means a resolution of the Assembly in this form—

“That Articles 5 to 10 of the Protocol on Ireland/Northern Ireland to the EU withdrawal agreement should continue to apply during the new continuation period (within the meaning of Schedule 6A to the Northern Ireland Act 1998).”

(2) This Schedule ceases to apply at the end of a particular current period if—

(a) by that time, the Assembly has decided the question on a motion for a consent resolution which relates to the new continuation period, but

(b) the Assembly did not pass the consent resolution.

Meaning of “continuation period”, “current period” etc U.K.

3. (1) In this Schedule—

• “continuation period” means—

  (a)

  the period of four years or eight years (as determined in accordance with sub-paragraph (2)) that begins with the day that follows the last day of the initial period;

  (b)

  each subsequent period of four years or eight years (as determined in accordance with sub-paragraph (2)) that begins with the day that follows the last day of the preceding continuation period;

• “current period”, in relation to a new continuation period, means—

  (a)

  the initial period, in the case where that period immediately precedes the new continuation period, or

  (b)

  the continuation period which immediately precedes the new continuation period, in any other case;

• “initial period” means the period of four years that begins with the day that follows IP completion dayF3 ;

• “new continuation period” means, at any particular time, the first continuation period that is to begin after that time.

(2) The duration of a continuation period is to be—

(a) four years if the consent resolution which relates to that continuation period was passed by a majority of the members voting but not with cross-community supportF4 ;

(b) eight years if the consent resolution which relates to that continuation period was passed with cross-community support.

(3) In this Schedule, a period set out in an entry in the first column of this table has the meaning given in the corresponding entry in the second column of the table—

Period	Meaning
“final two months of the current period”	the period of two months ending with the last day of that current period
“final one month of the current period”	the period of one month ending with the last day of that current period
“final 25 days of the current period”	the period of 25 days ending with the last day of that current period
“final 15 days of the current period”	the period of 15 days ending with the last day of that current period
“final 5 days of the current period”	the period of 5 days ending with the last day of that current period]

Textual Amendments

F3 IP completion day is also defined in Schedule 1 to the Interpretation Act 1978.

F4 “Cross-community support” for the purposes of the Northern Ireland Act 1998 is defined by section 4(5) of that Act.