SCHEDULES
SCHEDULE 2Independent Monitoring Authority for the Citizens' Rights Agreements
PART 1Constitution, proceedings etc.
Procedure for appointing members with knowledge of conditions in devolved areas etc.
I15
1
This paragraph applies in relation to the appointment of non-executive members for the purposes of paragraph 4(2) and (3).
2
Before making an appointment, the Secretary of State must tell the relevant authority who the Secretary of State proposes to appoint and why.
3
If the relevant authority approves the proposed appointment within the period of one month beginning with the day on which the Secretary of State complies with sub-paragraph (2), the Secretary of State must appoint that person (subject to sub-paragraph (4)).
4
If that person is no longer available or the Secretary of State and the relevant authority agree, after the relevant authority has given its approval as mentioned in sub-paragraph (3), that it is no longer appropriate to appoint that person—
a
the Secretary of State must propose to appoint a different person, and
b
sub-paragraphs (2) and (3) apply again.
5
If the relevant authority does not approve the proposed appointment as mentioned in sub-paragraph (3), the Secretary of State may—
a
make the proposed appointment without the approval of the relevant authority, or
b
propose to appoint a different person.
6
If the Secretary of State proposes to appoint a different person, sub-paragraphs (2) to (5) apply again.
7
If the Secretary of State makes a proposed appointment without the approval of the relevant authority as mentioned in sub-paragraph (3), the Secretary of State must publish a statement explaining why the Secretary of State has proceeded with the appointment.
8
In this paragraph, the “relevant authority” means—
a
in relation to an appointment for the purposes of paragraph 4(2)(a), the Scottish Ministers,
b
in relation to an appointment for the purposes of paragraph 4(2)(b), the Welsh Ministers,
c
in relation to an appointment for the purposes of paragraph 4(2)(c), the Executive Office in Northern Ireland, and
d
in relation to an appointment for the purposes of paragraph 4(3), the Gibraltar Ministers.