Trade Act 2021

SCHEDULES

Section 4(2)

SCHEDULE 1 U.K. Restrictions on devolved authorities

No power to make provision outside devolved competence U.K.

1 (1) No provision may be made by a devolved authority under section 1(1) or 2(1) unless the provision is within the devolved competence of the devolved authority. U.K.

(2) See paragraphs 6 to 8 for the meaning of “devolved competence”.

Commencement Information

I1 Sch. 1 para. 1 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)

Requirement for consultation in certain circumstances U.K.

2 (1) No regulations may be made by a devolved authority acting alone under section 2(1) so far as the regulations are to come into force before IP completion day, unless the regulations are, to that extent, made after consulting with a Minister of the Crown. U.K.

(2) No regulations may be made by a devolved authority acting alone under section 2(1) so far as the regulations make provision about any quota arrangements or are incompatible with any such arrangements, unless the regulations are, to that extent, made after consulting with a Minister of the Crown.

(3) In sub-paragraph (2) “quota arrangements” means any arrangements for, or in connection with, the division of responsibility within the United Kingdom or an area including the United Kingdom for—

(a) an international obligation, or

(b) any right or other benefit arising from such an obligation,

where the obligation is to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise) or (as the case may be) the benefit is so defined.

Commencement Information

I2 Sch. 1 para. 2 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)

Requirement for consent where it would otherwise be required U.K.

3 (1) The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under section 1(1) or 2(1) so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown. U.K.

(2) The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under section 1(1) or 2(1) so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State.

(3) Sub-paragraph (1) or (2) does not apply if—

(a) the provision could be contained in subordinate legislation made otherwise than under this Act by the Welsh Ministers acting alone or (as the case may be) a Northern Ireland devolved authority acting alone, and

(b) no such consent would be required in that case.

(4) The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under section 1(1) or 2(1) so far as that provision, if contained in—

(a) subordinate legislation made otherwise than under this Act by the devolved authority, or

(b) subordinate legislation not falling within paragraph (a) and made otherwise than under this Act by (in the case of Scotland) the First Minister or Lord Advocate acting alone or (in the case of Northern Ireland) a Northern Ireland devolved authority acting alone,

would require the consent of a Minister of the Crown.

(5) Sub-paragraph (4) does not apply if—

(a) the provision could be contained in—

(i) an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly, or

(ii) different subordinate legislation of the kind mentioned in sub-paragraph (4)(a) or (b), and

(b) the consent of a Minister of the Crown would not be required in that case.

Commencement Information

I3 Sch. 1 para. 3 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)

Requirement for joint exercise where it would otherwise be required U.K.

4 (1) No regulations may be made under section 1(1) or 2(1) by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by— U.K.

(a) the Scottish Ministers acting jointly with a Minister of the Crown, or

(b) the First Minister or Lord Advocate acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(2) No regulations may be made under section 1(1) or 2(1) by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(3) No regulations may be made under section 1(1) or 2(1) by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—

(a) a Northern Ireland department acting jointly with a Minister of the Crown, or

(b) another Northern Ireland devolved authority acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(4) Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—

(a) an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or

(b) different subordinate legislation made otherwise than under this Act by—

(i) the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

(ii) the Welsh Ministers acting alone, or

(iii) (as the case may be), a Northern Ireland devolved authority acting alone.

Commencement Information

I4 Sch. 1 para. 4 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)

Requirement for consultation where it would otherwise be required U.K.

5 (1) No regulations may be made under section 1(1) or 2(1) by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of Senedd Cymru, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. U.K.

(2) No regulations may be made under section 1(1) or 2(1) by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers, the First Minister or the Lord Advocate after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

(3) No regulations may be made under section 1(1) or 2(1) by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

(4) No regulations may be made under section 1(1) or 2(1) by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland devolved authority after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

(5) Sub-paragraph (2), (3) or (4) does not apply if—

(a) the provision could be contained in an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly, and

(b) there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

(6) Sub-paragraph (2), (3) or (4) does not apply if—

(a) the provision could be contained in different subordinate legislation made otherwise than under this Act by—

(i) the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

(ii) the Welsh Ministers acting alone, or

(iii) (as the case may be), a Northern Ireland devolved authority acting alone, and

(b) there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

Commencement Information

I5 Sch. 1 para. 5 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)

Meaning of devolved competence U.K.

6 U.K. A provision is within the devolved competence of the Scottish Ministers if—

(a) it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F1 ..., or

(b) it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate F2 ....

Textual Amendments

F1 Words in Sch. 1 para. 6(a) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 9(2)(a)(i)

F2 Words in Sch. 1 para. 6(b) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 9(2)(a)(ii)

Commencement Information

I6 Sch. 1 para. 6 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)

7 U.K. A provision is within the devolved competence of the Welsh Ministers if—

(a) it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (F3 ... including any provision that could be made only with the consent of a Minister of the Crown), or

(b) it is provision which could be made in other subordinate legislation by the Welsh Ministers F4 ....

Textual Amendments

F3 Words in Sch. 1 para. 7(a) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 9(2)(b)(i)

F4 Words in Sch. 1 para. 7(b) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 9(2)(b)(ii)

Commencement Information

I7 Sch. 1 para. 7 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)

8 U.K. A provision is within the devolved competence of a Northern Ireland department if—

(a) the provision, if it were contained in an Act of the Northern Ireland Assembly—

(i) would be within the legislative competence of the Assembly F5 ..., and

(ii) would not require the consent of the Secretary of State,

(b) the provision—

(i) amends or repeals Northern Ireland legislation, and

(ii) would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly F6 ... and require the consent of the Secretary of State, or

(c) the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority F7 ....

Textual Amendments

F5 Words in Sch. 1 para. 8(a)(i) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 9(2)(c)

F6 Words in Sch. 1 para. 8(b)(ii) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 9(2)(c)

F7 Words in Sch. 1 para. 8(c) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 9(2)(c)

Commencement Information

I8 Sch. 1 para. 8 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)

Meaning of “Northern Ireland devolved authority” U.K.

9 U.K. In this Schedule, a “Northern Ireland devolved authority” means the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department.

Commencement Information

I9 Sch. 1 para. 9 in force at 6.5.2021 by S.I. 2021/550, reg. 2(f)

Section 4(3)

SCHEDULE 2 U.K. Regulations under Part 1

PART 1 U.K. Statutory instruments and statutory rules

1 (1) Any power to make regulations under Part 1 of this Act— U.K.

(a) so far as exercisable by a Minister of the Crown acting alone or by a Minister of the Crown acting jointly with a devolved authority, is exercisable by statutory instrument,

(b) so far as exercisable by the Welsh Ministers acting alone, is exercisable by statutory instrument, and

(c) so far as exercisable by a Northern Ireland department acting alone, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)) (and not by statutory instrument).

(2) For regulations made under Part 1 of this Act by the Scottish Ministers acting alone, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

Commencement Information

I10 Sch. 2 para. 1 in force at 6.5.2021 by S.I. 2021/550, reg. 2(g)

PART 2 U.K. Scrutiny of regulations under section 1(1)

Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone U.K.

2 (1) A statutory instrument containing regulations of a Minister of the Crown acting alone under section 1(1) is subject to annulment in pursuance of a resolution of either House of Parliament. U.K.

(2) Regulations of the Scottish Ministers acting alone under section 1(1) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(3) A statutory instrument containing regulations of the Welsh Ministers acting alone under section 1(1) is subject to annulment in pursuance of a resolution of Senedd Cymru.

(4) Regulations of a Northern Ireland department acting alone under section 1(1) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

Commencement Information

I11 Sch. 2 para. 2 in force at 6.5.2021 by S.I. 2021/550, reg. 2(g)

Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly U.K.

3 (1) This paragraph applies to regulations of a Minister of the Crown acting jointly with a devolved authority under section 1(1). U.K.

(2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

(3) A statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.

(5) Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (negative procedure etc.) apply in relation to regulations to which sub-paragraph (4) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

(6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

(7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru.

(8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

(9) If in accordance with this paragraph—

(a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

(b) a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

(10) In sub-paragraph (9) “relevant devolved legislature” means—

(a) in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

(b) in the case of regulations made jointly with the Welsh Ministers, Senedd Cymru, and

(c) in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.

(11) Sub-paragraph (9) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

(12) Sub-paragraphs (9) to (11) apply in place of provision made by any other enactment about the effect of such a resolution.

(13) In this paragraph, “enactment” includes an enactment contained in, or in an instrument made under—

(a) an Act of the Scottish Parliament,

(b) a Measure or Act of Senedd Cymru, or

(c) Northern Ireland legislation.

Commencement Information

I12 Sch. 2 para. 3 in force at 6.5.2021 by S.I. 2021/550, reg. 2(g)

PART 3 U.K. Scrutiny of regulations under section 2(1)

Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone U.K.

4 (1) A statutory instrument containing regulations of a Minister of the Crown acting alone under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. U.K.

(2) Regulations of the Scottish Ministers acting alone under section 2(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(3) A statutory instrument containing regulations of the Welsh Ministers acting alone under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

(4) Regulations of a Northern Ireland department acting alone under section 2(1) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Commencement Information

I13 Sch. 2 para. 4 in force at 6.5.2021 by S.I. 2021/550, reg. 2(g)

Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly U.K.

5 (1) This paragraph applies to regulations of a Minister of the Crown acting jointly with a devolved authority under section 2(1). U.K.

(2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

(3) A statutory instrument which contains regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the affirmative procedure.

(5) Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

(6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before the Scottish Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

(7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

(8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Commencement Information

I14 Sch. 2 para. 5 in force at 6.5.2021 by S.I. 2021/550, reg. 2(g)

PART 4 U.K. Scrutiny of regulations under section 2(10)(b)

6 U.K. A statutory instrument containing regulations of the Secretary of State under section 2(10)(b) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Commencement Information

I15 Sch. 2 para. 6 in force at 6.5.2021 by S.I. 2021/550, reg. 2(g)

Section 4(4)

SCHEDULE 3 U.K. Exceptions to restrictions in the devolution settlements

F8 ... U.K.

Textual Amendments

F8 Sch. 3 paras. 1-3 and cross-headings omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 9(3)

F8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 ... U.K.

F8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 ... U.K.

F8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional exception U.K.

4 U.K. Section 57(2) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 and section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law, do not apply to the making of regulations under section 1(1) or 2(1).

Commencement Information

I16 Sch. 3 para. 4 in force at 6.5.2021 by S.I. 2021/550, reg. 2(h)

Section 6(2)

SCHEDULE 4 U.K. The Trade Remedies Authority

Status U.K.

1 (1) The TRA is not to be regarded— U.K.

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The TRA's property is not to be regarded—

(a) as the property of the Crown, or

(b) as property held on behalf of the Crown.

Commencement Information

I17 Sch. 4 para. 1 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Membership U.K.

2 (1) The TRA is to consist of— U.K.

(a) a Chair appointed by the Secretary of State,

(b) other non-executive members appointed by the Secretary of State,

(c) a chief executive appointed by the Chair with the approval of the Secretary of State or, if the first Chair has not been appointed, by the Secretary of State, and

(d) other executive members appointed by the Chair.

(2) The total number of members must not exceed nine.

(3) The Secretary of State must consult the Chair before appointing the other non-executive members.

(4) The Secretary of State and the Chair must ensure, so far as practicable, that the number of non-executive members is at all times greater than the number of executive members.

Commencement Information

I18 Sch. 4 para. 2 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Terms of appointment and tenure of members U.K.

3 U.K. A person holds and vacates office as a member of the TRA in accordance with the terms and conditions of the person's appointment.

Commencement Information

I19 Sch. 4 para. 3 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

4 U.K. The terms and conditions of a person's appointment as a non-executive member of the TRA are to be determined by the Secretary of State; but that is subject to the following provisions of this Schedule.

Commencement Information

I20 Sch. 4 para. 4 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

5 U.K. The terms and conditions of a person's appointment as an executive member of the TRA are to be determined by the Chair with the approval of the Secretary of State; but that is subject to the following provisions of this Schedule.

Commencement Information

I21 Sch. 4 para. 5 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

6 U.K. The terms and conditions of a person's appointment may cover, among other things—

(a) the period for which the person is to hold office;

(b) the person's eligibility for re-appointment;

(c) circumstances in which a person's membership may be suspended.

Commencement Information

I22 Sch. 4 para. 6 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

7 U.K. A person may resign from office as a non-executive member of the TRA by notifying the Secretary of State.

Commencement Information

I23 Sch. 4 para. 7 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

8 U.K. A person may resign from office as an executive member of the TRA by notifying the Chair.

Commencement Information

I24 Sch. 4 para. 8 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

9 U.K. The Secretary of State may remove a person from office as a non-executive member of the TRA if, in the opinion of the Secretary of State, the person is unable or unfit to carry out the functions of the office.

Commencement Information

I25 Sch. 4 para. 9 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

10 U.K. The Chair may remove a person from office as an executive member of the TRA if, in the opinion of the Chair, the person is unable or unfit to carry out the functions of the office.

Commencement Information

I26 Sch. 4 para. 10 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Remuneration of members U.K.

11 U.K. The TRA must pay to non-executive members of the TRA such remuneration as the Secretary of State may determine.

Commencement Information

I27 Sch. 4 para. 11 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

12 U.K. The TRA must pay to executive members of the TRA such remuneration as the Chair may determine with the approval of the Secretary of State.

Commencement Information

I28 Sch. 4 para. 12 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

13 U.K. The TRA must pay, or make provision for paying, to or in respect of any person who is or has been a non-executive member of the TRA, such sums as the Secretary of State may determine in respect of allowances, expenses and gratuities.

Commencement Information

I29 Sch. 4 para. 13 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

14 U.K. The TRA must pay, or make provision for paying, to or in respect of any person who is or has been an executive member of the TRA, such sums as the Chair may determine with the approval of the Secretary of State in respect of pension, allowances, expenses and gratuities.

Commencement Information

I30 Sch. 4 para. 14 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

15 U.K. If a person ceases to be a non-executive member of the TRA and the Secretary of State determines that the person should be compensated because of special circumstances, the TRA must pay compensation of such amount as the Secretary of State may determine.

Commencement Information

I31 Sch. 4 para. 15 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

16 U.K. If a person ceases to be an executive member of the TRA and the Chair determines with the approval of the Secretary of State that the person should be compensated because of special circumstances, the TRA must pay compensation of such amount as the Chair may, with the approval of the Secretary of State, determine.

Commencement Information

I32 Sch. 4 para. 16 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

A chief executive appointed by the Secretary of State U.K.

17 U.K. Paragraphs 18 to 23 apply in respect of a person who is appointed as chief executive by the Secretary of State under paragraph 2(1)(c).

Commencement Information

I33 Sch. 4 para. 17 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

18 U.K. The terms and conditions of a person's appointment as chief executive are to be determined by the Secretary of State; but that is subject to the other provisions of this Schedule.

Commencement Information

I34 Sch. 4 para. 18 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

19 U.K. If the first Chair has not been appointed, a person appointed as chief executive may resign from office by notifying the Secretary of State.

Commencement Information

I35 Sch. 4 para. 19 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

20 U.K. The Secretary of State may remove a person from office as the chief executive if—

(a) the first Chair has not been appointed, and

(b) in the opinion of the Secretary of State, the person is unable or unfit to carry out the functions of the office.

Commencement Information

I36 Sch. 4 para. 20 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

21 U.K. The TRA must pay to a person appointed as chief executive—

(a) such remuneration as the Secretary of State may determine, or

(b) following the appointment of the first Chair, such remuneration as the Chair may determine with the approval of the Secretary of State.

Commencement Information

I37 Sch. 4 para. 21 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

22 U.K. The TRA must pay, or make provision for paying, to or in respect of a person who is or has been the chief executive—

(a) such sums in respect of pension, allowances, expenses and gratuities as the Secretary of State may determine, or

(b) following appointment of the first Chair, such sums in respect of pension, allowances, expenses and gratuities as the Chair may determine with the approval of the Secretary of State.

Commencement Information

I38 Sch. 4 para. 22 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

23 U.K. If a person ceases to be the chief executive of the TRA at a time when the first Chair has not been appointed and the Secretary of State determines that the person should be compensated because of special circumstances, the TRA must pay compensation of such amount as the Secretary of State may determine.

Commencement Information

I39 Sch. 4 para. 23 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Staffing of the TRA U.K.

24 (1) The TRA may— U.K.

(a) appoint employees, and

(b) make such other arrangements for the staffing of the TRA as it considers appropriate.

(2) The terms and conditions of appointment as an employee are to be determined by the TRA.

(3) The TRA may pay its employees such remuneration as the TRA may determine.

(4) The TRA may pay, or make provision for paying, to or in respect of any person who is or has been an employee of the TRA, such sums as the TRA may determine in respect of pension, allowances, expenses or gratuities.

(5) In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), in the list of “Other Bodies”, at the appropriate place insert— “ Trade Remedies Authority. ”

(6) The TRA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the 1972 Act.

(7) Sub-paragraphs (1) to (4) apply in respect of employees that are not executive members of the TRA.

Commencement Information

I40 Sch. 4 para. 24 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Committees U.K.

25 (1) The TRA may establish committees, and any committee so established may establish sub-committees. U.K.

(2) A committee or sub-committee so established is referred to in this Schedule as a “TRA committee”.

(3) A TRA committee may consist of or include persons who are neither members, nor employees, of the TRA.

(4) The TRA must pay such allowances as it may determine to any person who—

(a) is a member of a TRA committee, but

(b) is neither a member, nor an employee, of the TRA.

(5) The TRA must keep under review—

(a) the structure of the TRA committees, and

(b) the scope of each committee's activities.

Commencement Information

I41 Sch. 4 para. 25 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Procedure U.K.

26 U.K. The TRA may determine its own procedure and the procedure of any TRA committee (including quorum).

Commencement Information

I42 Sch. 4 para. 26 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

27 U.K. The validity of any proceedings of the TRA is not affected by a vacancy or defective appointment.

Commencement Information

I43 Sch. 4 para. 27 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Delegation of functions U.K.

28 (1) The TRA may delegate any of its functions to— U.K.

(a) a member of the TRA,

(b) an employee, or other member of staff, authorised for that purpose, or

(c) a TRA committee.

(2) But a function may not be delegated to a committee that includes a person who is neither a member, nor an employee, of the TRA insofar as the function could be exercised in relation to a specific trade remedies investigation.

(3) Otherwise, a function is delegated under this paragraph to the extent, and on the terms, that the TRA determines.

(4) In this Schedule “trade remedies investigation” means an investigation by the TRA under provision made by or under Part 1 of the Taxation (Cross-border Trade) Act 2018.

Commencement Information

I44 Sch. 4 para. 28 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Funding U.K.

29 U.K. The Secretary of State must pay to the TRA such sums as the Secretary of State considers appropriate for the purpose of enabling the TRA to perform its functions.

Commencement Information

I45 Sch. 4 para. 29 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Accounts and audit U.K.

30 (1) The TRA must— U.K.

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a) its content and form;

(b) the methods and principles to be applied in preparing it;

(c) the additional information (if any) which is to be provided for the information of Parliament.

(3) The TRA must send a copy of the statement of accounts to the Secretary of State and the Comptroller and Auditor General as soon as reasonably practicable after the end of the financial year to which it relates.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on each statement of accounts, and

(b) send a copy of each report and certified statement to the Secretary of State.

(5) The Secretary of State must lay before Parliament a copy of each such report and certified statement.

(6) The chief executive of the TRA is to be its accounting officer.

(7) In this Schedule “financial year” means—

(a) the period beginning with the date on which the TRA is established and ending with the second 31 March following that date, and

(b) each successive period of 12 months.

Commencement Information

I46 Sch. 4 para. 30 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Annual report U.K.

31 (1) The TRA must prepare a report on the performance of its functions during each financial year. U.K.

(2) The report must include the statement of accounts in respect of that year.

(3) The report must be prepared as soon as reasonably practicable after the end of the financial year to which it relates.

(4) The TRA must send the report to the Secretary of State.

(5) The Secretary of State must lay the report before Parliament.

Commencement Information

I47 Sch. 4 para. 31 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Seal and evidence U.K.

32 (1) The application of the TRA's seal must be authenticated by the signature of— U.K.

(a) a member of the TRA, or

(b) an employee of the TRA authorised for that purpose.

(2) A document purporting to be duly executed under the TRA's seal or signed on its behalf—

(a) is to be received in evidence, and

(b) is to be taken to be executed or signed in that way, unless the contrary is shown.

(3) This paragraph does not apply in Scotland.

Commencement Information

I48 Sch. 4 para. 32 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Supplementary powers U.K.

33 (1) The TRA may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions. U.K.

(2) Under sub-paragraph (1), the TRA may among other things—

(a) acquire and dispose of land and other property,

(b) enter into contracts, and

(c) accept gifts of money, land or other property.

Commencement Information

I49 Sch. 4 para. 33 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Guidance U.K.

34 (1) In performing its functions, the TRA must have regard to guidance published by the Secretary of State. U.K.

(2) Sub-paragraph (1) does not apply in respect of an ongoing trade remedies investigation if the guidance is published during that investigation.

(3) Before publishing guidance, the Secretary of State must—

(a) consult the TRA, and

(b) have regard to the expertise of the TRA and to the need to protect—

(i) its operational independence, and

(ii) its ability to make impartial assessments when performing its functions.

(4) In particular, the Secretary of State may not publish guidance in relation to a specific trade remedies investigation.

Commencement Information

I50 Sch. 4 para. 34 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Public records U.K.

35 U.K. In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert— “ Trade Remedies Authority. ”

Commencement Information

I51 Sch. 4 para. 35 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Investigation by the Parliamentary Commissioner U.K.

36 U.K. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments subject to investigation), at the appropriate place insert— “ Trade Remedies Authority. ”

Commencement Information

I52 Sch. 4 para. 36 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

House of Commons disqualification U.K.

37 U.K. In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which members are disqualified), at the appropriate place insert— “ The Trade Remedies Authority. ”

Commencement Information

I53 Sch. 4 para. 37 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Northern Ireland Assembly disqualification U.K.

38 U.K. In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which members are disqualified), at the appropriate place insert— “ The Trade Remedies Authority. ”

Commencement Information

I54 Sch. 4 para. 38 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Freedom of information U.K.

39 U.K. In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which this Act applies), at the appropriate place insert— “ The Trade Remedies Authority. ”

Commencement Information

I55 Sch. 4 para. 39 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Public sector equality duty U.K.

40 U.K. In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of entries under the heading “Industry, Business, Finance etc”, at the appropriate place insert— “ The Trade Remedies Authority. ”

Commencement Information

I56 Sch. 4 para. 40 in force at 1.6.2021 by S.I. 2021/550, reg. 3(c)

Section 6(3)

SCHEDULE 5 U.K. Transfer schemes

1 (1) The Secretary of State may make one or more staff transfer schemes in connection with the establishment of the TRA by this Act. U.K.

(2) A “staff transfer scheme” is a scheme providing for the transfer from the Secretary of State to the TRA of any rights or liabilities under or in connection with a contract of employment.

Commencement Information

I57 Sch. 5 para. 1 in force at 6.5.2021 by S.I. 2021/550, reg. 2(i)

2 (1) A staff transfer scheme may, among other things, make provision— U.K.

(a) for the transfer of rights and liabilities that could not otherwise be transferred;

(b) for the transfer of rights and liabilities arising after the making of the scheme;

(c) which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);

(d) creating rights, or imposing liabilities, in relation to rights or liabilities transferred;

(e) about the continuing effect of things done by the Secretary of State in respect of any rights or liabilities transferred;

(f) about the continuation of things (including legal proceedings) in the process of being done by, or on behalf of, or in relation to, the Secretary of State in respect of any rights or liabilities transferred;

(g) for references to the Secretary of State in an instrument or other document in respect of any rights or liabilities transferred to be treated as references to the TRA;

(h) that is supplementary, incidental, transitional or consequential.

(2) A staff transfer scheme may provide—

(a) for the scheme to be modified by agreement after it comes into effect, and

(b) for any such modifications to have effect from the date when the original scheme comes into effect.

Commencement Information

I58 Sch. 5 para. 2 in force at 6.5.2021 by S.I. 2021/550, reg. 2(i)

3 U.K. For the purposes of this Schedule—

(a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and

(b) the terms of the individual's employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.

Commencement Information

I59 Sch. 5 para. 3 in force at 6.5.2021 by S.I. 2021/550, reg. 2(i)

Prospective

Section 10(4)

SCHEDULE 6 U.K. Trade and Agriculture Commission: public authorities legislation

Public records U.K.

1 U.K. In Part 2 of the Table in paragraph 3 in Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert—

“Trade and Agriculture Commission.”

Investigations by the Parliamentary Commissioner U.K.

2 U.K. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments subject to investigation), at the appropriate place insert—

“Trade and Agriculture Commission.”

House of Commons disqualification U.K.

3 U.K. In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which members are disqualified), at the appropriate place insert—

“Trade and Agriculture Commission.”

Northern Ireland Assembly disqualification U.K.

4 U.K. In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which members are disqualified), at the appropriate place insert—

“Trade and Agriculture Commission.”

Freedom of information U.K.

5 U.K. In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which this Act applies), at the appropriate place insert—

“Trade and Agriculture Commission.”

Public sector equality duty U.K.

6 U.K. In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of entries under the heading “Industry, Business, Finance, etc”, at the appropriate place insert—

“Trade and Agriculture Commission.”