Northern Ireland Act 1998 (c. 47)

SCHEDULES

[F1 SCHEDULE 6A U.K. EU WITHDRAWAL: DEMOCRATIC CONSENT PROCESS

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)

PART 5 U.K. Procedural Matters and Outcome

Application U.K.

17. 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.

Procedural matters relating to motions for consent resolutions U.K.

18. (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.

Outcome of process: Presiding Officer to notify Secretary of State U.K.

19. (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.

Outcome of process: Secretary of State to notify European Commission U.K.

20. (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.]