SCHEDULES

SCHEDULE 2Independent Monitoring Authority for the Citizens’ Rights Agreements

PART 1Constitution, proceedings etc.

5Procedure for appointing members with knowledge of conditions in devolved areas etc.

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.