PART 5

Northern Ireland Protocol

Northern Ireland's place in the UK internal market and customs territory

Ongoing guarantee of UK internal market access for qualifying Northern Ireland goods
45A
1
Article 6(1) of the Windsor Framework provides that nothing in the Framework prevents the United Kingdom from ensuring unfettered access for goods moving from Northern Ireland to other parts of the United Kingdom’s internal market.
2
Accordingly, this Act—
a
prohibits the application of export procedures to goods removed from Northern Ireland to Great Britain, in accordance with and subject to section 47; and
b
makes other provision for the purpose of giving permanent unfettered access (as mentioned in Article 6(1)) for qualifying Northern Ireland goods to the whole of the internal market of the United Kingdom.
3
In particular, that permanent unfettered access is achieved in relation to qualifying Northern Ireland goods through (among other things)—
a
the mutual recognition principle for goods securing that qualifying Northern Ireland goods which can be sold in Northern Ireland without contravening any relevant requirements that apply to their sale can also be sold in England and Wales and Scotland, in accordance with and subject to the provisions of Part 1;
b
the non-discrimination principle for goods securing that qualifying Northern Ireland goods can be sold in England and Wales and Scotland without the sale being affected by relevant requirements that directly or indirectly discriminate against goods that have a relevant connection with a part of the United Kingdom other than the part in which they are sold, in accordance with and subject to the provisions of Part 1; and
c
each of the appropriate authorities in the United Kingdom being prohibited, in accordance with and subject to the provisions of section 47, from exercising any function in a way which would result—
i
in an existing kind of NI-GB check, control or administrative process from being used for the first time, or for a new purpose or to a new extent, or
ii
in a new kind of NI-GB check, control or administrative process being introduced or being used.
4
The provisions referred to in subsections (2) and (3) are to continue to have effect notwithstanding any divergence between—
a
the laws which affect the sale of goods in Northern Ireland; and
b
the laws which affect the sale of goods in England and Wales or Scotland.
Ss. 45A-45C inserted (20.2.2024) by The Windsor Framework (UK Internal Market and Unfettered Access) Regulations 2024 (S.I. 2024/163), regs. 1(2), 2(2)