- a new regulatory border
means regulatory requirements relating to the movement of goods that would— (a) materially divert trade, or (b) materially impair the free flow of goods.
- Act
means an Act of the Assembly or, in relation to any time before the appointed day, an Order in Council under Schedule 1 to the Northern Ireland Act 1974;
- action
includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Assembly.
- additional Commissioner
means an additional Commissioner appointed under—
- alternative democratic consent process
means the democratic consent process established by Part 4 of this Schedule;
- Article 13(3a) declaration
means the unilateral declaration by His Majesty’s Government concerning the involvement of the institutions of the 1998 Agreement as annexed to the decision of the Joint Committee which lays down arrangements relating to the Windsor Framework;
- Assembly Election Rules
means the rules in Schedule 1 to the Representation of the People Act 1983, as applied by Article 3 of, and Schedule 1 to, the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599).
- clerk to the Assembly
has the same meaning as in Schedule 6A;
- Committee
means the committee established by paragraph 2;
- consent resolution
means a resolution of the Assembly in this form—
- consultative council
means a group of persons selected by the Commission to advise in relation to the functions previously exercisable by one of the bodies listed in subsection (2) or in relation to the Commission’s functions under Schedule 9.
- continuation period
means— (a) the period of four years or eight years (as determined in accordance with sub-paragraph (2)) that begins with the day that follows the last day of the initial period;
- cross-community support
has the meaning given by section 4(5);
- Crown body
means a body which is the servant or agent of the Crown, and includes a government department.
- default democratic consent process
means the democratic consent process established by Part 3 of this Schedule;
- democratic consent process
means the process by which— (a) democratic consent in Northern Ireland to the continued application of Articles 5 to 10 of the Protocol is to be sought, and (b) a decision expressing that democratic consent is to be made;
- deputy Ministerial office
has the same meaning as in Part 3A of Schedule 4A.
- designated Nationalist
means a member designated as a Nationalist in accordance with standing orders of the Assembly and “designated Unionist” shall be construed accordingly.
- devolution issue
means—
- devolved policing and justice function
has the same meaning as in section 21A (see subsection (8) of that section).
- disability
has the same meaning as in the Disability Discrimination Act 1995;
- disqualifying office
means—
- document
includes anything in which information is recorded in any form;
- enactment
includes any provision of this Act and any provision of, or of any instrument made under, Northern Ireland legislation;
- equality of opportunity
means such equality of opportunity as is mentioned in section 75(1);
- excepted matter
has the meaning given by section 4(1);
- exceptional circumstances
includes circumstances in which the Assembly has, as its first business, failed to elect from among its members a Presiding Officer and deputies or there is no First Minister and deputy First Minister in office, and • “a new regulatory border” means regulatory requirements relating to the movement of goods that would— (a) materially divert trade, or (b) materially impair the free flow of goods.
- excluded day
means— (a) Saturday, (b) Sunday, (c) Christmas Day, (d) Good Friday, and (e) any day that is a public holiday in Northern Ireland;
- financial year
means—
- Framework
means the Windsor Framework;
- functions
includes powers and duties, and “confer”, in relation to functions, includes impose;
- human rights
includes the Convention rights.
- implementation body
means a body for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council.
- initial period
means the period of four years that begins with the day that follows IP completion day;
- instruments
includes charters, contracts and other documents.
- intelligence service
means—
- international obligations
means any international obligations of the United Kingdom other than obligations to observe and implement... the Convention rights;
- Joint Committee
has the same meaning as in the European Union (Withdrawal) Act 2018.
- land purchase annuities
means annuities for the repayment of advances made under any enactment relating to land purchase in Northern Ireland.
- minimum period
means a period determined in accordance with an order of the Secretary of State.
- Minister of the Crown
includes the Treasury;
- new continuation period
means, at any particular time, the first continuation period that is to begin after that time.
- new EU act
means a new EU instrument which has been notified to the United Kingdom in accordance with Article 13(4) of the Windsor Framework;
- nominating officer
has the same meaning as in section 18.
- Northern Ireland
includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Northern Ireland;
- Northern Ireland authority
means—
- Northern Ireland legislation
means— (a) Acts of the Parliament of Ireland;
- Northern Ireland Minister
includes the First Minister and the deputy First Minister.
- notification of the start of the democratic consent process
has the meaning given in paragraph 4;
- period in which the Assembly is not functioning
means a period—
- place of detention
means—
- policing and justice matter
means a matter falling within a description specified in—12
- prisons
includes any institution for the detention of persons because of their involvement, or suspected involvement, in crime.
- property
includes rights and interests of any description;
- Protocol
means the Protocol on Ireland/Northern Ireland to the EU withdrawal agreement;
- provision
includes provision— (a) by an Act of the Assembly (which may include provision establishing an office or body, provision conferring functions on an office-holder or body and ancillary provision);
- public authority
means an authority listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4 (N.I.)), but does not include—
- racial group
has the same meaning as in the Race Relations (Northern Ireland) Order 1997.
- relevant Bill
means a Bill containing a provision which deals with a matter falling within a description specified in paragraph 7A of Schedule 3 (size of Assembly).
- relevant function
means a function which, immediately before the date specified in the Order,—
- relevant provision
means—
- replacement EU act
means an EU instrument which amends or replaces any of the EU instruments referred to in the third subparagraph of Article 5(1) of the Windsor Framework, the first indent of heading 1 of Annex 2 to the Framework or headings 7 to 47 of Annex 2 to the Framework;
- representations
means representations about a proposed Order in Council under this section made to the Secretary of State and includes—
- required sitting day
means the earliest day during the final 15 days of the current period that is not an excluded day.
- reserved matter
has the meaning given by section 4(1);
- scrutiny period
means the period of two months beginning with the day on which a replacement EU act is published;
- specified
means specified in the order.
- statement
has the same meaning as in the Defamation Act 1996;
- statutory functions
means functions conferred by virtue of any enactment.
- subordinate legislation
has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under Northern Ireland legislation;
- the 2011 Assembly
means the Assembly due to be elected under section 31 in 2011;
- the appointed day
has the meaning given by section 3(1);
- the appropriate authority
means—
- the appropriate office
means—
- the Assembly
has the meaning given by section 4(5);
- the Belfast Agreement
means the agreement reached at multi-party talks on Northern Ireland set out in Command Paper 3883;
- the clerk to the Assembly
means the person who holds or exercises the functions of that office in accordance with the standing orders or practice of the Assembly.
- the Commission
means the Northern Ireland Assembly Commission;
- the Commissioner
means the Commissioner for the Ulster Scots and the Ulster British tradition.
- the consideration period
means the period of 14 days beginning with the day on which the petition is presented;
- the Convention
has the same meaning as in the Human Rights Act 1998.
- the Convention rights
has the same meaning as in the Human Rights Act 1998;
- the executive selection amendments
means the amendments made by section 8 of, and paragraphs 1, 2(1) and (2) and 3 to 14 of Schedule 5 to, the Northern Ireland (St Andrews Agreement) Act 2006.
- the Forum
means the consultative Civic Forum established in pursuance of paragraph 34 of Strand One of the Belfast Agreement by the First Minister and the deputy First Minister acting jointly.
- the Human Rights Convention
means the following as they have effect for the time being in relation to the United Kingdom—
- the Ministerial Code
means—
- The New Decade, New Approach Deal
means the deal to restore devolved government in Northern Ireland published by that name in January 2020;
- The Nolan principles
means the seven general principles of public life set out in the First Report of the Committee on Standards in Public Life (Cm 2850) as revised or replaced from time to time.
- the Northern Ireland zone
means the sea within British fishery limits which is adjacent to Northern Ireland;
- the Office
means the Office of Identity and Cultural Expression.
- the period for filling Ministerial offices
means the period comprising—
- the pledge of office
has the meaning given by section 16C(14);
- the prescribed number
means 5 or such other number as may be prescribed by standing orders.
- the relevant functions
means the functions of the public authority or, in the case of a scheme submitted in response to a request which specifies particular functions of the public authority, those functions.
- the relevant time
means the end of the day on which the Assembly first met following its election.
- the St Andrews Agreement
means the agreement reached on 13 October 2006 at multi-party talks on Northern Ireland held at St Andrews;
- the strict liability rule
has the same meaning as in the Contempt of Court Act 1981.
- the Tribunal
means the tribunal established under section 91.
- transferred matter
has the meaning given by section 4(1).
- Ulster Scots services
means services provided in Ulster Scots or likely to be of particular interest to those with an interest in the relevant language, arts and literature.
- unilateral Declaration
means the declaration by Her Majesty’s Government concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol made on 17 October 2019.
- United Kingdom authority
means—
- Windsor Framework
has the same meaning as in the joint declaration of the United Kingdom of Great Britain and Northern Ireland and the European Union in the Joint Committee which reflects the arrangements in the decision of that Joint Committee laying down the arrangements relating to the Windsor Framework.
- working day
means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Northern Ireland.