PART 5

Northern Ireland Protocol

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

Northern Ireland's place in the UK internal market and customs territory
46
1
An appropriate authority must have special regard to the following matters when exercising any function for a relevant purpose—
a
the need to maintain Northern Ireland's integral place in the United Kingdom's internal market;
b
the need to respect Northern Ireland's place as part of the customs territory of the United Kingdom; and
c
the need to facilitate the free flow of goods between Great Britain and Northern Ireland with the aim of—
i
streamlining trade between Great Britain and Northern Ireland, and
ii
maintaining and strengthening the integrity and smooth operation of the internal market in the United Kingdom.
2
A function is exercised for “a relevant purpose” if it is exercised for—
a
the purpose of—
i
implementing, or
ii
otherwise dealing with matters arising out of, or related to,
the Northern Ireland Protocol,
b
the purpose of enabling or facilitating a purpose described in paragraph (a) to be achieved, or
c
a purpose relating to movement of goods within the United Kingdom (including movement that involves movement in a country or territory outside the United Kingdom).
3
In this section “appropriate authority” means—
a
a Minister of the Crown;
b
the Scottish Ministers;
c
the Welsh Ministers;
d
the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;
e
any other person who exercises functions of a public nature.
S. 46 in force at 31.12.2020 by S.I. 2020/1621, reg. 2(g)