Trade Bill (HL Bill 128)

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(a)the provision could be contained in subordinate legislation made
otherwise than under this Act by the Welsh Ministers acting alone or
(as the case may be) a Northern Ireland devolved authority acting
alone, and

(b)5no such consent would be required in that case.

(4)The consent of a Minister of the Crown is required before any provision is
made by a devolved authority acting alone in regulations under section 1(1)
or 2(1) so far as that provision, if contained in—

(a)subordinate legislation made otherwise than under this Act by the
10devolved authority, or

(b)subordinate legislation not falling within paragraph (a) and made
otherwise than under this Act by (in the case of Scotland) the First
Minister or Lord Advocate acting alone or (in the case of Northern
Ireland) a Northern Ireland devolved authority acting alone,

15would require the consent of a Minister of the Crown.

(5)Sub-paragraph (4) does not apply if—

(a)the provision could be contained in—

(i)an Act of the Scottish Parliament, an Act of Senedd Cymru or
(as the case may be) an Act of the Northern Ireland Assembly,
20or

(ii)different subordinate legislation of the kind mentioned in
sub-paragraph (4)(a) or (b), and

(b)the consent of a Minister of the Crown would not be required in that
case.

25Requirement for joint exercise where it would otherwise be required

4(1)No regulations may be made under section 1(1) or 2(1) by the Scottish
Ministers, so far as they contain provision which relates to a matter in
respect of which a power to make subordinate legislation otherwise than
under this Act is exercisable by—

(a)30the Scottish Ministers acting jointly with a Minister of the Crown, or

(b)the First Minister or Lord Advocate acting jointly with a Minister of
the Crown,

unless the regulations are, to that extent, made jointly with the Minister of
the Crown.

(2)35No regulations may be made under section 1(1) or 2(1) by the Welsh
Ministers, so far as they contain provision which relates to a matter in
respect of which a power to make subordinate legislation otherwise than
under this Act is exercisable by the Welsh Ministers acting jointly with a
Minister of the Crown, unless the regulations are, to that extent, made jointly
40with the Minister of the Crown.

(3)No regulations may be made under section 1(1) or 2(1) by a Northern Ireland
department, so far as they contain provision which relates to a matter in
respect of which a power to make subordinate legislation otherwise than
under this Act is exercisable by—

(a)45a Northern Ireland department acting jointly with a Minister of the
Crown, or

(b)another Northern Ireland devolved authority acting jointly with a
Minister of the Crown,

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unless the regulations are, to that extent, made jointly with the Minister of
the Crown.

(4)Sub-paragraph (1), (2) or (3) does not apply if the provision could be
contained in—

(a)5an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the
case may be) an Act of the Northern Ireland Assembly without the
need for the consent of a Minister of the Crown, or

(b)different subordinate legislation made otherwise than under this Act
by—

(i)10the Scottish Ministers, the First Minister or the Lord
Advocate acting alone,

(ii)the Welsh Ministers acting alone, or

(iii)(as the case may be), a Northern Ireland devolved authority
acting alone.

15Requirement for consultation where it would otherwise be required

5(1)No regulations may be made under section 1(1) or 2(1) by the Welsh
Ministers acting alone, so far as they contain provision which, if contained
in an Act of Senedd Cymru, would require consultation with a Minister of
the Crown, unless the regulations are, to that extent, made after consulting
20with the Minister of the Crown.

(2)No regulations may be made under section 1(1) or 2(1) by the Scottish
Ministers acting alone, so far as they contain provision which relates to a
matter in respect of which a power to make subordinate legislation
otherwise than under this Act is exercisable by the Scottish Ministers, the
25First Minister or the Lord Advocate after consulting with a Minister of the
Crown, unless the regulations are, to that extent, made after consulting with
the Minister of the Crown.

(3)No regulations may be made under section 1(1) or 2(1) by the Welsh
Ministers acting alone, so far as they contain provision which relates to a
30matter in respect of which a power to make subordinate legislation
otherwise than under this Act is exercisable by the Welsh Ministers after
consulting with a Minister of the Crown, unless the regulations are, to that
extent, made after consulting with the Minister of the Crown.

(4)No regulations may be made under section 1(1) or 2(1) by a Northern Ireland
35department acting alone, so far as they contain provision which relates to a
matter in respect of which a power to make subordinate legislation
otherwise than under this Act is exercisable by a Northern Ireland devolved
authority after consulting with a Minister of the Crown, unless the
regulations are, to that extent, made after consulting with the Minister of the
40Crown.

(5)Sub-paragraph (2), (3) or (4) does not apply if—

(a)the provision could be contained in an Act of the Scottish Parliament,
an Act of Senedd Cymru or (as the case may be) an Act of the
Northern Ireland Assembly, and

(b)45there would be no requirement for the consent of a Minister of the
Crown, or for consultation with a Minister of the Crown, in that case.

(6)Sub-paragraph (2), (3) or (4) does not apply if—

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(a)the provision could be contained in different subordinate legislation
made otherwise than under this Act by—

(i)the Scottish Ministers, the First Minister or the Lord
Advocate acting alone,

(ii)5the Welsh Ministers acting alone, or

(iii)(as the case may be), a Northern Ireland devolved authority
acting alone, and

(b)there would be no requirement for the consent of a Minister of the
Crown, or for consultation with a Minister of the Crown, in that case.

10Meaning of devolved competence

6A provision is within the devolved competence of the Scottish Ministers if—

(a)it would be within the legislative competence of the Scottish
Parliament if it were contained in an Act of that Parliament (ignoring
section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law
15and retained EU law), or

(b)it is provision which could be made in other subordinate legislation
by the Scottish Ministers, the First Minister or the Lord Advocate
(ignoring section 57(2) of the Scotland Act 1998 so far as relating to
EU law and section 57(4) of that Act).

720A provision is within the devolved competence of the Welsh Ministers if—

(a)it would be within the legislative competence of Senedd Cymru if it
were contained in an Act of the Senedd (ignoring section 108A(2)(e)
of the Government of Wales Act 2006 so far as relating to EU law and
retained EU law but including any provision that could be made
25only with the consent of a Minister of the Crown), or

(b)it is provision which could be made in other subordinate legislation
by the Welsh Ministers (ignoring section 80(8) of the Government of
Wales Act 2006).

8A provision is within the devolved competence of a Northern Ireland
30department if—

(a)the provision, if it were contained in an Act of the Northern Ireland
Assembly—

(i)would be within the legislative competence of the Assembly
(ignoring section 6(2)(d) of the Northern Ireland Act 1998),
35and

(ii)would not require the consent of the Secretary of State,

(b)the provision—

(i)amends or repeals Northern Ireland legislation, and

(ii)would, if it were contained in an Act of the Northern Ireland
40Assembly, be within the legislative competence of the
Assembly (ignoring section 6(2)(d) of the Northern Ireland
Act 1998) and require the consent of the Secretary of State, or

(c)the provision is provision which could be made in other subordinate
legislation by any Northern Ireland devolved authority (ignoring
45section 24(1)(b) and (3) of the Northern Ireland Act 1998).

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Meaning of “Northern Ireland devolved authority”

9In this Schedule, a “Northern Ireland devolved authority” means the First
Minister and deputy First Minister in Northern Ireland acting jointly, a
Northern Ireland Minister or a Northern Ireland department.

Section 3(3)

5Schedule 2 Regulations under Part 1

Part 1 Statutory instruments and statutory rules

1(1)Any power to make regulations under Part 1 of this Act—

(a)10so far as exercisable by a Minister of the Crown acting alone or by a
Minister of the Crown acting jointly with a devolved authority, is
exercisable by statutory instrument,

(b)so far as exercisable by the Welsh Ministers acting alone, is
exercisable by statutory instrument, and

(c)15so far as exercisable by a Northern Ireland department acting alone,
is exercisable by statutory rule for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)) (and not
by statutory instrument).

(2)For regulations made under Part 1 of this Act by the Scottish Ministers acting
20alone, see also section 27 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

Part 2 Scrutiny of regulations under section 1(1)

Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone

2(1)25A statutory instrument containing regulations of a Minister of the Crown
acting alone under section 1(1) is subject to annulment in pursuance of a
resolution of either House of Parliament.

(2)Regulations of the Scottish Ministers acting alone under section 1(1) are
subject to the negative procedure (see section 28 of the Interpretation and
30Legislative Reform (Scotland) Act 2010).

(3)A statutory instrument containing regulations of the Welsh Ministers acting
alone under section 1(1) is subject to annulment in pursuance of a resolution
of Senedd Cymru.

(4)Regulations of a Northern Ireland department acting alone under section
351(1) are subject to negative resolution within the meaning of section 41(6) of
the Interpretation Act (Northern Ireland) 1954 as if they were a statutory
instrument within the meaning of that Act.

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Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly

3(1)This paragraph applies to regulations of a Minister of the Crown acting
jointly with a devolved authority under section 1(1).

(2)The procedure provided for by sub-paragraph (3) applies in relation to
5regulations to which this paragraph applies as well as any other procedure
provided for by this paragraph which is applicable in relation to the
regulations concerned.

(3)A statutory instrument containing regulations to which this paragraph
applies is subject to annulment in pursuance of a resolution of either House
10of Parliament.

(4)Regulations to which this paragraph applies which are made jointly with the
Scottish Ministers are subject to the negative procedure.

(5)Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10) (negative procedure etc.) apply in relation to
15regulations to which sub-paragraph (4) applies and which are subject to the
negative procedure as they apply in relation to devolved subordinate
legislation (within the meaning of Part 2 of that Act) which is subject to the
negative procedure (but as if references to a Scottish statutory instrument
were references to a statutory instrument).

(6)20Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010
(laying) applies in relation to the laying before the Scottish Parliament of a
statutory instrument containing regulations to which sub-paragraph (4)
applies as it applies in relation to the laying before that Parliament of a
Scottish statutory instrument (within the meaning of Part 2 of that Act).

(7)25A statutory instrument containing regulations to which this paragraph
applies which are made jointly with the Welsh Ministers is subject to
annulment in pursuance of a resolution of Senedd Cymru.

(8)Regulations to which this paragraph applies which are made jointly with a
Northern Ireland department are subject to negative resolution within the
30meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as
if they were a statutory instrument within the meaning of that Act.

(9)If in accordance with this paragraph—

(a)either House of Parliament resolves that an address be presented to
Her Majesty praying that an instrument be annulled, or

(b)35a relevant devolved legislature resolves that an instrument be
annulled,

nothing further is to be done under the instrument after the date of the
resolution and Her Majesty may by Order in Council revoke the instrument.

(10)In sub-paragraph (9) “relevant devolved legislature” means—

(a)40in the case of regulations made jointly with the Scottish Ministers, the
Scottish Parliament,

(b)in the case of regulations made jointly with the Welsh Ministers,
Senedd Cymru, and

(c)in the case of regulations made jointly with a Northern Ireland
45department, the Northern Ireland Assembly.

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(11)Sub-paragraph (9) does not affect the validity of anything previously done
under the instrument or prevent the making of a new instrument.

(12)Sub-paragraphs (9) to (11) apply in place of provision made by any other
enactment about the effect of such a resolution.

(13)5In this paragraph, “enactment” includes an enactment contained in, or in an
instrument made under—

(a)an Act of the Scottish Parliament,

(b)a Measure or Act of Senedd Cymru, or

(c)Northern Ireland legislation.

10Part 3 Scrutiny of regulations under section 2(1)

Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone

4(1)A statutory instrument containing regulations of a Minister of the Crown
acting alone under section 2(1) may not be made unless a draft of the
15instrument has been laid before, and approved by a resolution of, each
House of Parliament.

(2)Regulations of the Scottish Ministers acting alone under section 2(1) are
subject to the affirmative procedure (see section 29 of the Interpretation and
Legislative Reform (Scotland) Act 2010 (asp 10)).

(3)20A statutory instrument containing regulations of the Welsh Ministers acting
alone under section 2(1) may not be made unless a draft of the instrument
has been laid before, and approved by a resolution of, Senedd Cymru.

(4)Regulations of a Northern Ireland department acting alone under section
2(1) may not be made unless a draft of the regulations has been laid before,
25and approved by a resolution of, the Northern Ireland Assembly.

Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly

5(1)This paragraph applies to regulations of a Minister of the Crown acting
jointly with a devolved authority under section 2(1).

(2)The procedure provided for by sub-paragraph (3) applies in relation to
30regulations to which this paragraph applies as well as any other procedure
provided for by this paragraph which is applicable in relation to the
regulations concerned.

(3)A statutory instrument which contains regulations to which this paragraph
applies may not be made unless a draft of the instrument has been laid
35before, and approved by a resolution of, each House of Parliament.

(4)Regulations to which this paragraph applies which are made jointly with the
Scottish Ministers are subject to the affirmative procedure.

(5)Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010
(asp 10) (affirmative procedure) applies in relation to regulations to which
40sub-paragraph (4) applies as it applies in relation to devolved subordinate
legislation (within the meaning of Part 2 of that Act) which is subject to the
affirmative procedure (but as if references to a Scottish statutory instrument
were references to a statutory instrument).

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(6)Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010
(laying) applies in relation to the laying before the Scottish Parliament of a
statutory instrument containing regulations to which sub-paragraph (4)
applies as it applies in relation to the laying before the Scottish Parliament of
5a Scottish statutory instrument (within the meaning of Part 2 of that Act).

(7)A statutory instrument containing regulations to which this paragraph
applies which are made jointly with the Welsh Ministers may not be made
unless a draft of the instrument has been laid before, and approved by a
resolution of, Senedd Cymru.

(8)10Regulations to which this paragraph applies which are made jointly with a
Northern Ireland department may not be made unless a draft of the
regulations has been laid before, and approved by a resolution of, the
Northern Ireland Assembly.

Part 4 15Scrutiny of regulations under section 2(7)(b)

6A statutory instrument containing regulations of the Secretary of State under
section 2(7)(b) may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.

Section 3(4)

Schedule 3 20Exceptions to restrictions in the devolution settlements

Scotland Act 1998

1In section 57 of the Scotland Act 1998 (EU law and Convention rights) in
subsection (5)(b), omit the “or” at the end of sub-paragraph (ii) and, at the
end of sub-paragraph (iii), insert “, or

(iv)25section 1(1) or 2(1) of the Trade Act 2020.”

Government of Wales Act 2006

2In section 80 of the Government of Wales Act 2006 (EU law) in subsection
(8A)(b), omit the “or” at the end of sub-paragraph (ii) and, at the end of sub-
paragraph (iii), insert “, or

(iv)30section 1(1) or 2(1) of the Trade Act 2020.”

Northern Ireland Act 1998

3In section 24 of the Northern Ireland Act 1998 (EU law, Convention rights
etc.) in subsection (4)(b), omit the “or” at the end of sub-paragraph (ii) and,
at the end of sub-paragraph (iii), insert “, or

(iv)35section 1(1) or 2(1) of the Trade Act 2020.”

Transitional exception

4Section 57(2) of the Scotland Act 1998, section 80(8) of the Government of
Wales Act 2006 and section 24(1)(b) of the Northern Ireland Act 1998, so far



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 as relating to EU law, do not apply to the making of regulations under
section 1(1) or 2(1).

Section 5(2)

Schedule 4 The Trade Remedies Authority

5Status

1(1)The TRA is not to be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

(2)The TRA’s property is not to be regarded—

(a)10as the property of the Crown, or

(b)as property held on behalf of the Crown.

Membership

2(1)The TRA is to consist of—

(a)a Chair appointed by the Secretary of State,

(b)15other non-executive members appointed by the Secretary of State,

(c)a chief executive appointed by the Chair with the approval of the
Secretary of State or, if the first Chair has not been appointed, by the
Secretary of State, and

(d)other executive members appointed by the Chair.

(2)20The total number of members must not exceed nine.

(3)The Secretary of State must consult the Chair before appointing the other
non-executive members.

(4)The Secretary of State and the Chair must ensure, so far as practicable, that
the number of non-executive members is at all times greater than the
25number of executive members.

Terms of appointment and tenure of members

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

4The terms and conditions of a person’s appointment as a non-executive
30member of the TRA are to be determined by the Secretary of State; but that
is subject to the following provisions of this Schedule.

5The 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
35Schedule.

6The 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;

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

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

8A person may resign from office as an executive member of the TRA by
5notifying the Chair.

9The 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.

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

Remuneration of members

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

1215The TRA must pay to executive members of the TRA such remuneration as
the Chair may determine with the approval of the Secretary of State.

13The 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
20and gratuities.

14The 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.

1525If a person ceases to be a non-executive member of the TRA and the
Secretary 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.

16If a person ceases to be an executive member of the TRA and the Chair
30determines 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

1735Paragraphs 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).

18The 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.

1940If the first Chair has not been appointed, a person appointed as chief
executive may resign from office by notifying the Secretary of State.
The Secretary of State may remove a person from office as the chief executive
if—

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

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

21The TRA must pay to a person appointed as chief executive—

(a)5such remuneration as the Secretary of State may determine, or

(b)following the appointment of the first Chair, such remuneration as
the Chair may determine with the approval of the Secretary of State.

22The TRA must pay, or make provision for paying, to or in respect of a person
who is or has been the chief executive—

(a)10such sums in respect of pension, allowances, expenses and gratuities
as the Secretary of State may determine, or

(b)following appointment of the first Chair, such sums in respect of
pension, allowances, expenses and gratuities as the Chair may
determine with the approval of the Secretary of State.

2315If 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
must pay compensation of such amount as the Secretary of State may
determine.

20Staffing of the TRA

24(1)The TRA may—

(a)appoint employees, and

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

(2)25The 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
determine.

(4)The TRA may pay, or make provision for paying, to or in respect of any
30person 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
employment to which a scheme under section 1 of the 1972 Act can apply),
in the list of “Other Bodies”, at the appropriate place insert—

  • 35“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)40Sub-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.