European Union (Withdrawal Agreement) Act 2020

Transfer of IMA’s functions and abolition

39 (1) The Secretary of State may by regulations—

(a) transfer the functions of the IMA to another body that is a relevant public authority, and

(b) in view of that transfer of functions, make any modifications that the Secretary of State considers appropriate to the constitutional or funding arrangements or the functions of the transferee.

(2) The Secretary of State may make regulations under sub-paragraph (1) only if satisfied that the transfer of functions serves the purpose of improving the exercise of the transferred functions, having regard to efficiency, effectiveness and economy.

(3) In making regulations under sub-paragraph (1), the Secretary of State must have regard to the need to ensure that the transferee—

(a) has operational independence when exercising the transferred functions and that it is able to make impartial assessments when exercising those functions, and

(b) has appropriate funding to exercise the transferred functions.

(4) Regulations under sub-paragraph (1)—

(a) may not provide for the transfer of the IMA’s functions under paragraph 33 (which, accordingly, will lapse on the abolition of the IMA), but

(b) must make provision corresponding to that paragraph in relation to the transferee.

(5) Regulations under sub-paragraph (1) may include provision—

(a) transferring the IMA’s property, rights and liabilities (including rights and liabilities in respect of contracts of employment);

(b) abolishing the IMA.

(6) Before making regulations under this paragraph, the Secretary of State must consult—

(a) the Scottish Ministers,

(b) the Welsh Ministers,

(c) the Executive Office in Northern Ireland, and

(d) if the IMA has functions in relation to Gibraltar by virtue of paragraph 33, the Gibraltar Ministers.

(7) The power to make regulations under sub-paragraph (1) may (among other things) be exercised by modifying any provision made by or under an enactment (including this Act).

(8) In this paragraph “constitutional arrangements” has the meaning given by section 3(2) of the Public Bodies Act 2011.