Section 38A Prohibition of certain Northern Ireland-related agreementsF1

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.

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.

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—

  1. (a)

     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—

     1. (i)

        a supplementing agreement of the kind referred to in Article 2 of the Trade and Cooperation Agreement, and

     2. (ii)

        an agreement of the kind referred to in Article 13(8) of the Windsor Framework,

  2. (b)

     is binding under international law,

  3. (c)

     supersedes (in whole or in part) or supplements the Windsor Framework, and

  4. (d)

     relates to any matter to which the Windsor Framework relates (whether or not it also relates to any other matter), including—

     1. (i)

        customs matters and matters relating to the customs territory of the United Kingdom,

     2. (ii)

        the movement of goods into Northern Ireland,

     3. (iii)

        the United Kingdom internal market for goods and services,

     4. (iv)

        technical regulations, assessments, registrations, certificates, approvals and authorisations, and

     5. (v)

        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.