Section 10 — Protection for North-South co-operation and ... prevention of new border arrangements

(1) In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—

(a) act in a way that is compatible with the terms of the Northern Ireland Act 1998, and

(b) have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.

(2) Nothing in section 8 ... or 23(1) or (6) of this Act authorises regulations which—

(a) diminish any form of North-South cooperation provided for by the Belfast Agreement ..., or

(b) create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.

(3) [F1 A Minister of the Crown may not agree to the making of a recommendation by the Joint Committee under Article 11(2) of the Protocol on Ireland/Northern Ireland in the withdrawal agreement (recommendations as to North-South cooperation) to—]

(a) [F1 alter the arrangements for North-South co-operation as provided for by the Belfast Agreement,]

(b) [F1 establish a new implementation body, or]

(c) [F1 alter the functions of an existing implementation body.]

(4) [F1 In this section—“the Belfast Agreement” has the meaning given by section 98 of the Northern Ireland Act 1998; “implementation body” has the meaning given by section 55(3) of that Act.]

Amendment notes

1. F1 S. 10(3)(4) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 24, 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(c)