Trade Bill (HL Bill 128)

continued    Part 4 continued    

(2)A 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)5The TRA must pay such allowances as it may determine to any person
who—

(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)10the structure of the TRA committees, and

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

Procedure

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

2715The validity of any proceedings of the TRA is not affected by a vacancy or
defective appointment.

Delegation of functions

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

(a)a member of the TRA,

(b)20an employee, or other member of staff, authorised for that purpose,
or

(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
25function could be exercised in relation to a specific trade remedies
investigation.

(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
30the TRA under provision made by or under Part 1 of the Taxation (Cross-
border Trade) Act 2018.

Funding

29The 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
35its functions.

Accounts 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
Secretary 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)5the additional information (if any) which is to be provided for the
information of Parliament.

(3)The 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)10The Comptroller and Auditor General must—

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

(b)send 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
15and certified statement.

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

(7)In 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)20each successive period of 12 months.

Annual report

31(1)The 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)25The report must be prepared as soon as reasonably practicable after the end
of the financial year to which it relates.

(4)The 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)30The application of the TRA’s seal must be authenticated by the signature
of—

(a)a 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
35on its behalf—

(a)is to be received in evidence, and

(b)is 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
for the purpose of, or in connection with, the performance of its functions.

(2)Under sub-paragraph (1), the TRA may among other things—

(a)5acquire and dispose of land and other property,

(b)enter into contracts, and

(c)accept gifts of money, land or other property.

Guidance

34(1)In performing its functions, the TRA must have regard to guidance
10published 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)Before publishing guidance, the Secretary of State must—

(a)consult the TRA, and

(b)15have 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
functions.

(4)In particular, the Secretary of State may not publish guidance in relation to
20a specific trade remedies investigation.

Public records

35In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
1958 (definition of public records), at the appropriate place insert—

• “Trade Remedies Authority.”

25Investigation by the Parliamentary Commissioner

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

• “Trade Remedies Authority.”

House of Commons disqualification

3730In 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

3835In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which members are disqualified), at the appropriate
place insert—

• “The Trade Remedies Authority.”

Freedom of information

39In 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.”

5Public sector equality duty

40In 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—

• “The Trade Remedies Authority.”

Section 5(3)

10Schedule 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)A “staff transfer scheme” is a scheme providing for the transfer from the
15Secretary 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
transferred;

(b)20for 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. 2006/246);

(d)creating rights, or imposing liabilities, in relation to rights or
25liabilities 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
process of being done by, or on behalf of, or in relation to, the
30Secretary 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)that is supplementary, incidental, transitional or consequential.

(2)35A 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
original scheme comes into effect.

340For 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)the terms of the individual’s employment in the civil service of the
5State are to be regarded as constituting the terms of the contract of
employment.