Trade Bill (HL Bill 127)

Terms of appointment and tenure of members

3 A person holds and vacates office as a member of the TRA in accordance
with the terms and conditions of the person’s appointment.

4 The terms and conditions of a person’s appointment as a non-executive
5member of the TRA are to be determined by the Secretary of State; but that
is subject to the following provisions of this Schedule.

5 The terms and conditions of a person’s appointment as an executive
member of the TRA are to be determined by the Chair with the approval of
the Secretary of State; but that is subject to the following provisions of this
10Schedule.

6 The terms and conditions of a person’s appointment may cover, among
other things—

(a) the period for which the person is to hold office;

(b) the person’s eligibility for re-appointment;

(c) 15circumstances in which a person’s membership may be suspended.

7 A person may resign from office as a non-executive member of the TRA by
notifying the Secretary of State.

8 A person may resign from office as an executive member of the TRA by
notifying the Chair.

9 20The Secretary of State may remove a person from office as a non-executive
member of the TRA if, in the opinion of the Secretary of State, the person is
unable or unfit to carry out the functions of the office.

10 The Chair may remove a person from office as an executive member of the
TRA if, in the opinion of the Chair, the person is unable or unfit to carry out
25the functions of the office.

Remuneration of members

11 The TRA must pay to non-executive members of the TRA such
remuneration as the Secretary of State may determine.

12 The TRA must pay to executive members of the TRA such remuneration as
30the Chair may determine with the approval of the Secretary of State.

13 The TRA must pay, or make provision for paying, to or in respect of any
person who is or has been a non-executive member of the TRA, such sums
as the Secretary of State may determine in respect of allowances, expenses
and gratuities.

14 35The TRA must pay, or make provision for paying, to or in respect of any
person who is or has been an executive member of the TRA, such sums as
the Chair may determine with the approval of the Secretary of State in
respect of pension, allowances, expenses and gratuities.

15 If a person ceases to be a non-executive member of the TRA and the
40Secretary of State determines that the person should be compensated
because of special circumstances, the TRA must pay compensation of such
amount as the Secretary of State may determine.

16 If a person ceases to be an executive member of the TRA and the Chair
determines with the approval of the Secretary of State that the person should

be compensated because of special circumstances, the TRA must pay
compensation of such amount as the Chair may, with the approval of the
Secretary of State, determine.

A chief executive appointed by the Secretary of State

17 5Paragraphs 18 to 23 apply in respect of a person who is appointed as chief
executive by the Secretary of State under paragraph 2(1)(c).

18 The terms and conditions of a person’s appointment as chief executive are
to be determined by the Secretary of State; but that is subject to the other
provisions of this Schedule.

19 10If the first Chair has not been appointed, a person appointed as chief
executive may resign from office by notifying the Secretary of State.

20 The Secretary of State may remove a person from office as the chief executive
if—

(a) the first Chair has not been appointed, and

(b) 15in the opinion of the Secretary of State, the person is unable or unfit
to carry out the functions of the office.

21 The TRA must pay a person appointed as chief executive such remuneration
as the Secretary of State may determine.

22 The TRA must pay, or make provision for paying, to or in respect of a person
20who is or has been the chief executive such sums as the Secretary of State
may determine in respect of pension, allowances, expenses and gratuities.

23 If a person ceases to be the chief executive of the TRA at a time when the first
Chair has not been appointed and the Secretary of State determines that the
person should be compensated because of special circumstances, the TRA
25must pay compensation of such amount as the Secretary of State may
determine.

Staffing of the TRA

24 (1) The TRA may—

(a) appoint employees, and

(b) 30make such other arrangements for the staffing of the TRA as it
considers appropriate.

(2) The terms and conditions of appointment as an employee are to be
determined by the TRA.

(3) The TRA may pay its employees such remuneration as the TRA may
35determine.

(4) The TRA may pay, or make provision for paying, to or in respect of any
person who is or has been an employee of the TRA, such sums as the TRA
may determine in respect of pension, allowances, expenses or gratuities.

(5) In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of
40employment to which a scheme under section 1 of the 1972 Act can apply),
in the list of “Other Bodies”, at the appropriate place insert—

• “Trade Remedies Authority.”

(6) The TRA must pay to the Minister for the Civil Service, at such times as the
Minister may direct, such sums as the Minister may determine in respect of
any increase attributable to sub-paragraph (5) in the sums payable out of
money provided by Parliament under the 1972 Act.

(7) 5Sub-paragraphs (1) to (4) apply in respect of employees that are not
executive members of the TRA.

Committees

25 (1) The TRA may establish committees, and any committee so established may
establish sub-committees.

(2) 10A committee or sub-committee so established is referred to in this Schedule
as a “TRA committee”.

(3) A TRA committee may consist of or include persons who are neither
members, nor employees, of the TRA.

(4) The TRA must pay such allowances as it may determine to any person
15who—

(a) is a member of a TRA committee, but

(b) is neither a member, nor an employee, of the TRA.

(5) The TRA must keep under review—

(a) the structure of the TRA committees, and

(b) 20the scope of each committee’s activities.

Procedure

26 The TRA may determine its own procedure and the procedure of any TRA
committee (including quorum).

27 The validity of any proceedings of the TRA is not affected by a vacancy or
25defective appointment.

Delegation of functions

28 (1) The TRA may delegate any of its functions to—

(a) a member of the TRA,

(b) an employee, or other member of staff, authorised for that purpose,
30or

(c) a TRA committee.

(2) But a function may not be delegated to a committee that includes a person
who is neither a member, nor an employee, of the TRA insofar as the
function could be exercised in relation to a specific trade remedies
35investigation.

(3) Otherwise, a function is delegated under this paragraph to the extent, and
on the terms, that the TRA determines.

(4) In this Schedule “trade remedies investigation” means an investigation by
the TRA under provision made by or under Part 1 of the Taxation (Cross-
40border Trade) Act 2018.

Funding

29 The Secretary of State must pay to the TRA such sums as the Secretary of
State considers appropriate for the purpose of enabling the TRA to perform
its functions.

5Accounts and audit

30 (1) The TRA must—

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts must comply with any directions given by the
10Secretary of State with the approval of the Treasury as to—

(a) its content and form;

(b) the methods and principles to be applied in preparing it;

(c) the additional information (if any) which is to be provided for the
information of Parliament.

(3) 15The TRA must send a copy of the statement of accounts to the Secretary of
State and the Comptroller and Auditor General as soon as reasonably
practicable after the end of the financial year to which it relates.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on each statement of accounts, and

(b) 20send a copy of each report and certified statement to the Secretary of
State.

(5) The Secretary of State must lay before Parliament a copy of each such report
and certified statement.

(6) The chief executive of the TRA is to be its accounting officer.

(7) 25In this Schedule “financial year” means—

(a) the period beginning with the date on which the TRA is established
and ending with the second 31 March following that date, and

(b) each successive period of 12 months.

Annual report

31 (1) 30The TRA must prepare a report on the performance of its functions during
each financial year.

(2) The report must include the statement of accounts in respect of that year.

(3) The report must be prepared as soon as reasonably practicable after the end
of the financial year to which it relates.

(4) 35The TRA must send the report to the Secretary of State.

(5) The Secretary of State must lay the report before Parliament.

Seal and evidence

32 (1) The application of the TRA’s seal must be authenticated by the signature
of—

(a) 40a member of the TRA, or

(b) an employee of the TRA authorised for that purpose.

(2) A document purporting to be duly executed under the TRA’s seal or signed
on its behalf—

(a) is to be received in evidence, and

(b) 5is to be taken to be executed or signed in that way, unless the
contrary is shown.

(3) This paragraph does not apply to Scotland.

Supplementary powers

33 (1) The TRA may do anything which appears to it to be necessary or expedient
10for the purpose of, or in connection with, the performance of its functions.

(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.

15Guidance

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) 20Before 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
25functions.

(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
301958 (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—

• 35“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—

• “The Trade Remedies Authority.”

Northern Ireland Assembly disqualification

38 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
5Act 1975 (bodies of which members are disqualified), at the appropriate
place insert—

• “The Trade Remedies Authority.”

Freedom of information

39 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
10authorities 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
15“Industry, Business, Finance etc”, at the appropriate place insert—

• “The Trade Remedies Authority.”

Section 9(3)

SCHEDULE 5 Transfer Schemes

1 (1) The Secretary of State may make one or more staff transfer schemes in
20connection with the establishment of the TRA by this Act.

(2) A “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) 25for the transfer of rights and liabilities that could not otherwise be
transferred;

(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
30(Protection of Employment) Regulations 2006 (SI 2006/246);

(d) creating 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) 35about the continuation of things (including legal proceedings) in the
process 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
40treated as references to the TRA;

(h) that 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
5original 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) 10the 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.