Trade Bill (HC Bill 120)

(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.

5Guidance

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

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

(3) 10Before 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
15functions.

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

Public records

35 In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
201958 (definition of public records), at the appropriate place insert—

• ““Trade Remedies Authority.”

Investigation by the Parliamentary Commissioner

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

• 25““Trade Remedies Authority.”

House of Commons disqualification

37 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—

• 30““The Trade Remedies Authority.”

Northern Ireland Assembly disqualification

38 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—

• 35““The Trade Remedies Authority.”

Freedom of information

39 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.”

Public sector equality duty

40 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—

• 5““The Trade Remedies Authority.”

Section 5(3)

SCHEDULE 5 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.

(2) 10A “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.

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

(a) for the transfer of rights and liabilities that could not otherwise be
15transferred;

(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. 2006/246S.I. 2006/246);

(d) 20creating 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
25process 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) 30that 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
35original scheme comes into effect.

3 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) 40the 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.