SCHEDULES

SCHEDULE 2Independent Monitoring Authority for the Citizens' Rights Agreements

PART 2Functions of the IMA etc.

General duties

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1

The IMA must monitor the implementation and application in the United Kingdom of Part 2 of the withdrawal agreement and Part 2 of the EEA EFTA separation agreement.

2

The duty in sub-paragraph (1) includes keeping under review the adequacy and effectiveness of—

a

the legislative framework which implements or otherwise deals with matters arising out of, or related to, Part 2, and

b

the exercise by relevant public authorities of functions in relation to Part 2.

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In this Schedule—

  • “Part 2” means Part 2 of the withdrawal agreement or (as the case may be) Part 2 of the EEA EFTA separation agreement, so far as the Part in question applies to and in the United Kingdom;

  • “relevant public authority” means the Secretary of State or any other person who exercises functions of a public nature, apart from—

    1. a

      a court or tribunal;

    2. b

      either House of Parliament or a person exercising functions in connection with proceedings in Parliament;

    3. c

      the devolved legislatures or a person exercising functions in connection with proceedings in any of the devolved legislatures.

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1

The IMA must promote the adequate and effective implementation and application in the United Kingdom of Part 2 of the withdrawal agreement and Part 2 of the EEA EFTA separation agreement.

2

For related functions see—

a

paragraph 27 (reports following an inquiry), and

b

paragraph 30 (instituting or intervening in legal proceedings).

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In exercising its functions, the IMA must have regard to the importance of addressing general or systemic failings in the implementation or application of Part 2.