SCHEDULES
SCHEDULE 2Independent Monitoring Authority for the Citizens’ Rights Agreements
PART 3Further provisions
39Transfer of IMA’s functions and abolition
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.