European Union (Withdrawal Agreement) Act 2020

Requirements relating to appointment

4 (1) In making appointments, the Secretary of State and the non-executive members must have regard to the desirability of the IMA’s members (between them) having knowledge of conditions in the United Kingdom relating to matters in relation to which provision is made in Part 2 of the withdrawal agreement and Part 2 of the EEA EFTA separation agreement (“the relevant matters”).

(2) The Secretary of State must, so far as possible, ensure that the non-executive members of the IMA include—

(a) a member who knows about conditions in Scotland relating to the relevant matters,

(b) a member who knows about conditions in Wales relating to the relevant matters, and

(c) a member who knows about conditions in Northern Ireland relating to the relevant matters.

(3) If the IMA has functions in relation to Gibraltar by virtue of paragraph 33, the Secretary of State must, so far as possible, ensure that the non-executive members of the IMA include a member who knows about conditions in Gibraltar relating to the relevant matters.

(4) Before appointing a person, the Secretary of State or the non-executive members (as the case may be) must be satisfied that the person does not have a conflict of interest.

(5) In sub-paragraph (4), “conflict of interest”, in relation to a person, means a financial or other interest which is likely to affect prejudicially the discharge by the person of the person’s functions as a member of the IMA.