European Union (Withdrawal Agreement) Act 2020

Procedure for appointing members with knowledge of conditions in devolved areas etc.

5 (1) This paragraph applies in relation to the appointment of non-executive members for the purposes of paragraph 4(2) and (3).

(2) Before making an appointment, the Secretary of State must tell the relevant authority who the Secretary of State proposes to appoint and why.

(3) If the relevant authority approves the proposed appointment within the period of one month beginning with the day on which the Secretary of State complies with sub-paragraph (2), the Secretary of State must appoint that person (subject to sub-paragraph (4)).

(4) If that person is no longer available or the Secretary of State and the relevant authority agree, after the relevant authority has given its approval as mentioned in sub-paragraph (3), that it is no longer appropriate to appoint that person—

(a) the Secretary of State must propose to appoint a different person, and

(b) sub-paragraphs (2) and (3) apply again.

(5) If the relevant authority does not approve the proposed appointment as mentioned in sub-paragraph (3), the Secretary of State may—

(a) make the proposed appointment without the approval of the relevant authority, or

(b) propose to appoint a different person.

(6) If the Secretary of State proposes to appoint a different person, sub-paragraphs (2) to (5) apply again.

(7) If the Secretary of State makes a proposed appointment without the approval of the relevant authority as mentioned in sub-paragraph (3), the Secretary of State must publish a statement explaining why the Secretary of State has proceeded with the appointment.

(8) In this paragraph, the “relevant authority” means—

(a) in relation to an appointment for the purposes of paragraph 4(2)(a), the Scottish Ministers,

(b) in relation to an appointment for the purposes of paragraph 4(2)(b), the Welsh Ministers,

(c) in relation to an appointment for the purposes of paragraph 4(2)(c), the Executive Office in Northern Ireland, and

(d) in relation to an appointment for the purposes of paragraph 4(3), the Gibraltar Ministers.