Northern Ireland Citation, commencement and extent 1 1 These Regulations may be cited as the Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024. 2 They come into force on the day after— a the first day on which there is an Executive, if there is not an Executive on the day on which they are made, or b the day on which they are made, if there is an Executive on that day. 3 They extend to England and Wales, Scotland and Northern Ireland. 4 For the purposes of paragraph (2) there is an Executive if the offices of First Minister and deputy First Minister and those to be held by the other Northern Ireland Ministers are all filled. Amendment of the European Union (Withdrawal Agreement) Act 2020 2 1 The European Union (Withdrawal Agreement) Act 2020 is amended as follows. 2 In section 38 (Parliamentary sovereignty)— a in the heading, at the end, insert “and the constitutional status of Northern Ireland” ; b in subsection (2) after “withdrawal agreement”, in both places those words occur in parenthesis, insert “(including the Windsor Framework)” ; c after subsection (3), insert— 4 The Windsor Framework is without prejudice to these matters (in particular), which are recognised and continue— a the constitutional status of Northern Ireland as part of the United Kingdom, b Northern Ireland’s part in the economy of the United Kingdom, including its customs territory and internal market, c the power of the Parliament of the United Kingdom to make laws for Northern Ireland, and d the vesting of executive power in Northern Ireland in His Majesty. 5 The enactments which make provision— a about the constitutional status of Northern Ireland, the power of the Parliament of the United Kingdom to make laws for Northern Ireland and the vesting of executive power in Northern Ireland include— i the Northern Ireland Act 1998 (section 1 of which relates to the principle of consent), and ii the Union with Ireland Act 1800 and the Act of Union (Ireland) 1800 , and b about Northern Ireland’s part in the economy of the United Kingdom, including its customs territory and internal market, include the United Kingdom Internal Market Act 2020. 3 After section 38 insert— Prohibition of certain Northern Ireland-related agreements 38A 1 His Majesty’s Government must not ratify a Northern Ireland-related agreement with the European Union that would create a new regulatory border between Great Britain and Northern Ireland. 2 Before His Majesty’s Government ratifies a Northern Ireland-related agreement with the European Union that would not create a new regulatory border between Great Britain and Northern Ireland, a Minister of the Crown must lay before Parliament a statement explaining why the agreement does not create a new regulatory border. 3 In this section— “ a new regulatory border ” has the meaning given in paragraph 18(5) of Schedule 6B to the Northern Ireland Act 1998; “ a Northern Ireland-related agreement with the European Union ” means a written agreement that— is between the United Kingdom, of the one part, and the European Union or the European Union and its Member States, of the other part, including— a supplementing agreement of the kind referred to in Article 2 of the Trade and Cooperation Agreement, and an agreement of the kind referred to in Article 13(8) of the Windsor Framework, is binding under international law, supersedes (in whole or in part) or supplements the Windsor Framework, and relates to any matter to which the Windsor Framework relates (whether or not it also relates to any other matter), including— customs matters and matters relating to the customs territory of the United Kingdom, the movement of goods into Northern Ireland, the United Kingdom internal market for goods and services, technical regulations, assessments, registrations, certificates, approvals and authorisations, and VAT and excise; “ ratify ” has the meaning given in s 25(3) of the Constitutional Reform and Governance Act 2010 ; “ Trade and Cooperation Agreement ” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020 . 4 In section 39(1)— a in the definition of “withdrawal agreement”, for the words from “(as” to “it)” substitute “as modified in relation to the Windsor Framework (and as otherwise modified from time to time in accordance with any provision of that agreement)” , and b at the appropriate place, insert— “ Windsor Framework ” means the part of the withdrawal agreement known as the Windsor Framework by virtue of Joint Declaration No. 1/2023 of 24 March 2023 made between the EU and the United Kingdom in the Joint Committee established by the withdrawal agreement; . Amendment of the European Union (Withdrawal) Act 2018 3 1 The European Union (Withdrawal) Act 2018 is amended as follows. 2 In section 7A (General implementation of remainder of withdrawal agreement), after subsection (3) insert— 3A The following provide for the application in Northern Ireland of EU law relating to the trade in goods necessary for the functioning of the Windsor Framework in the withdrawal agreement to be subject to democratic consent and scrutiny— a Articles 13 and 18 of that Framework, and b Part 5A of the Northern Ireland Act 1998. 3 After section 13B (Certain dispute procedures under withdrawal agreement) insert— Bills affecting trade between Northern Ireland and other parts of the United Kingdom 13C 1 This section applies where a Minister of the Crown in charge of a Bill in either House of Parliament is of the view that the Bill as introduced into that House contains provision which, if enacted, would affect trade between Northern Ireland and other parts of the United Kingdom. 2 The Minister in charge of the Bill must, before Second Reading of the Bill in the House in question, make— a a statement to the effect that in the Minister’s view the Bill does not contain provision which, if enacted, would have a significant adverse effect on trade between Northern Ireland and the rest of the United Kingdom, or b a statement to the effect that the Minister is unable to make such a statement but His Majesty’s Government nevertheless wishes the House to proceed with the Bill. 3 A statement under this section must be in writing and be published in such manner as the Minister considers appropriate. Amendment of the Northern Ireland Act 1998 4 1 The Northern Ireland Act 1998 is amended as follows. 2 In Schedule 6A (Democratic consent process) , in paragraph 21 (Independent review into the functioning of the Windsor Framework)— a in sub-paragraph (2), at the beginning, for “The” substitute “Within one month of receiving the notification, the” ; b after sub-paragraph (2) insert— 2A The review may include consideration of any effect of the Windsor Framework in the withdrawal agreement on— a the constitutional status of Northern Ireland, and b the operation of the single market in goods and services between Northern Ireland and the rest of the United Kingdom. 2B The person commissioned by the Secretary of State to carry out the review must provide to the Secretary of State a report of its conclusions no later than six months after having been commissioned. 2C Upon receipt of a report by the Secretary of State in accordance with sub-paragraph (2B), a Minister of the Crown must— a lay a copy of that report before Parliament, and b transmit a copy of that report to the Presiding Officer. 2D The Presiding Officer must lay before the Assembly a copy of any report received in accordance with sub-paragraph (2C)(b). 2E A Minister of the Crown must raise in the Joint Committee any issues raised or recommendations made by a report received by the Secretary of State in accordance with sub-paragraph (2B). 2F No later than six months after receiving the report, the Secretary of State must publish a written response to any recommendations made by that report. 2G A response published in accordance with sub-paragraph (2F) must contain information about the Secretary of State’s response to any representations made about the report— a by either House of Parliament or a committee thereof, or b by the Assembly. ; c in sub-paragraph (3), for “this paragraph” substitute “sub-paragraph (1)” ; d after sub-paragraph (3), insert— 4 In this paragraph, “ Joint Committee ” has the same meaning as in the European Union (Withdrawal) Act 2018. Steve Baker Minister of State Northern Ireland Office 19th February 2024