SCHEDULES

[F1 SCHEDULE 6B U.K.EU WITHDRAWAL: WINDSOR FRAMEWORK DEMOCRATIC SCRUTINY

Textual Amendments

F1 Sch. 6B inserted (2.2.2024) by The Windsor Framework (Democratic Scrutiny) Regulations 2024 (S.I. 2024/118), reg. 1(2), Sch.

PART 3 U.K.Procedure by which members of the Assembly may seek to prevent the application of a replacement EU act

Initiating the procedure to prevent the application of a replacement EU act U.K.

11. (1) 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.

(2) A notification made under sub-paragraph (1) must be agreed to by no fewer than 30 members of the Assembly and these must include—

(a) one member who belongs to a political party and one member who belongs to a different political party,

(b) one member who belongs to a political party and one member who does not belong to a political party and did not belong to a political party when returned as a member of the Assembly, or

(c) two members who do not belong to a political party and did not belong to a political party when returned as members of the Assembly,

but must not include the Presiding Officer or a deputy Presiding Officer.

(3) 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.

Time period for making the notification U.K.

12. Upon receipt of a notification which satisfies the conditions in paragraph 11(2) and (3), the Presiding Officer must provide that notification to the Secretary of State as soon as possible and no later than nine working days before the end of the scrutiny period.

Duty to publish the notification U.K.

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

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

Consideration of the validity of the notification U.K.

14. (1) Before the end of the scrutiny period, the Secretary of State must accept a notification if the Secretary of State considers that it meets the requirements in—

(a) paragraphs 11 to 13 of this Schedule,

(b) Article 13(3a) of the Framework, and

(c) the Article 13(3a) declaration.

(2) 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.

Duty to notify accepted notifications U.K.

15. Before the end of the scrutiny period, a Minister of the Crown must give the European Commission written notification in accordance with the Framework of any notification from members of the Assembly which has been accepted by the Secretary of State.

Duty to give reasons for a decision not to accept a notification U.K.

16. (1) 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.

(2) 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.

(3) 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.]