Northern Ireland Citation, commencement and extent 1 1 These Regulations may be cited as the Windsor Framework (Implementation) Regulations 2024. 2 They come into force on 12th April 2024 . 3 They extend to England and Wales, Scotland and Northern Ireland. Interpretation 2 1 In these Regulations— “ Executive Committee ” means the Executive Committee of the Northern Ireland Assembly; “ functions ” includes powers and duties; “ Minister ” means the First Minister, the deputy First Minister or a Northern Ireland Minister and includes the First Minister and the deputy First Minister acting jointly; “ Windsor Framework ” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 . 2 In these Regulations a reference to observing or implementing a relevant provision of the Windsor Framework is a reference to observing or implementing Article 5, 6 or 7 or Annex 2 of the Windsor Framework and any other provision of that Framework or any other part of the EU withdrawal agreement so far as it applies in relation to those Articles or that Annex. 3 For the purposes of these Regulations, a function is exercised for the purpose of observing or implementing a relevant provision of the Windsor Framework if it is exercised for that purpose or an ancillary purpose. 4 A function is exercised for an ancillary purpose if it is exercised for a purpose that is otherwise incidental to, or consequential on, the observance or implementation of a relevant provision of the Windsor Framework. 5 In these Regulations a reference to the exercise of a function of a Northern Ireland department includes a proposed exercise of that function or a decision whether to exercise that function. Implementing the Windsor Framework: direction and control 3 1 This regulation applies to the exercise of a function of a Northern Ireland department for the purpose of observing or implementing a relevant provision of the Windsor Framework. 2 The function must be exercised subject to the direction and control of the Secretary of State (instead of the Minister in charge of the department). 3 But the Secretary of State may decide not to exercise direction and control in respect of— a the exercise of a particular function, or b the exercise of a function in connection with a particular matter. 4 Where the Secretary of State decides not to exercise direction and control in respect of a particular function or matter, paragraph (2) does not apply to the exercise of that function, or the exercise of a function in connection with that matter. 5 Accordingly, where a function of a department is exercised subject to the direction and control of the Secretary of State as a result of this regulation, the Departments (Northern Ireland) Order 1999 has effect in relation to the exercise of that function as if— a the references to “the Minister” in Article 4(1) and (2) and the second reference to “the Minister” in Article 7(1)(b) were references to the Secretary of State; b Articles 2(4), 4(2)(b), (3)(a) and (5), 6(2)(a) and the first reference to “the Minister” in Article 7(1)(b) were omitted. 6 Paragraphs (3) and (4) are without prejudice to any subsequent decision that the exercise of a particular function, or the exercise of a function in connection with a particular matter, is to be subject to the direction and control of the Secretary of State (and that paragraph (2) applies). 7 The functions of a department may be exercised subject to the direction and control of the Secretary of State in accordance with paragraph (2) irrespective of whether a matter connected with the exercise of those functions has been brought to the attention of, or discussed and agreed by, the Executive Committee. Guidance for Northern Ireland departments 4 1 The Secretary of State may issue guidance for Northern Ireland departments about the Secretary of State’s arrangements for exercising direction and control under regulation 3. 2 Guidance under paragraph (1) may include, in particular, guidance about— a the role of a Northern Ireland department to support and advise the Secretary of State when the Secretary of State is exercising direction and control; b the role of a Northern Ireland department to advise the Secretary of State about the functions that must or may be exercised for the purposes of observing or implementing a relevant provision of the Windsor Framework; c the conduct of civil servants within a Northern Ireland department when the Secretary of State is exercising direction and control; d the types of functions or matters in respect of which the Secretary of State may decide not to exercise direction and control. 3 A Northern Ireland department must have regard to any guidance for the time being in force when a function of the department is exercised subject to the direction and control of the Secretary of State. 4 The Secretary of State may revise or withdraw any guidance issued under this regulation. 5 The Secretary of State must publish any guidance issued or revised under this regulation. Direction and control: referral to the High Court 5 1 This regulation applies when a question arises about whether a function of a Northern Ireland department is exercised for the purpose of observing or implementing a relevant provision of the Windsor Framework. 2 Proceedings for the determination of that question by the High Court in Northern Ireland may be instituted or defended by the Advocate General for Northern Ireland or the Attorney General for Northern Ireland. 3 This regulation does not limit any power to institute or defend proceedings exercisable apart from this regulation by any person. Concurrent powers of Ministers of the Crown 6 1 A Minister of the Crown may do anything that a Minister, a Northern Ireland department or a relevant competent authority could do for the purpose of observing or implementing a relevant provision of the Windsor Framework. 2 The fact that a matter has not been brought to the attention of, or discussed and agreed by, the Executive Committee is to be disregarded when determining what a Minister, a Northern Ireland department or a relevant competent authority could do for the purposes of paragraph (1). 3 Any enactment or document is to have effect, so far as may be necessary for or in consequence of anything done by a Minister of the Crown in reliance on this regulation as if references to a Minister, a Northern Ireland department or a relevant competent authority (as the case may be) included, or were, references to the Minister of the Crown. 4 Anything required or authorised by or under any enactment or document to be done to, or in relation to, a Minister, a Northern Ireland department or a relevant competent authority (as the case may be) in connection with anything done by a Minister of the Crown as a result of this regulation, is to be done instead to, or in relation to, that Minister of the Crown. 5 This regulation does not apply to anything that a Minister could do by virtue of sections 52A to 52C of the Northern Ireland Act 1998 (attendance of Ministers at meetings of the North-South Ministerial Council and the British-Irish Council) . 6 In this regulation “ relevant competent authority ” means a public body in Northern Ireland that is the designated competent authority in domestic law for the purpose of a provision of EU law applied by the Windsor Framework. Direction and control and concurrent powers: supplemental provision 7 1 Where the requirement in regulation 3 for a function of a Northern Ireland department to be exercised subject to the direction and control of the Secretary of State gives rise to a power or requirement for the department to disclose information, the department is not authorised or required to disclose information if doing so would contravene the data protection legislation (but in determining whether a disclosure would do so, take account of that power or requirement). 2 The power in section 44(1) of the Northern Ireland Act 1998 (power to call for witnesses and documents) is not exercisable in relation to an excluded person in connection with the exercise of a function— a subject to the direction and control of the Secretary of State under regulation 3, or b by a Minister of the Crown under regulation 6. 3 The duty in section 11 of the Functioning of Government (Miscellaneous Provisions) Act (Northern Ireland) 2021 (accountability to the Assembly: provision of information) does not require a Minister or Northern Ireland department to report information to the Northern Ireland Assembly where that information relates to the exercise of a function— a subject to the direction and control of the Secretary of State under regulation 3, or b by a Minister of the Crown under regulation 6. 4 In this regulation— a “ data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act) ; b “ excluded person ” means a person who is or has been— i a Minister of the Crown, or ii in Crown employment within the meaning of Article 236 of the Employment Rights (Northern Ireland) Order 1996 . Steve Baker Minister of State Northern Ireland Office 20th March 2024