(1)The practice and procedure to be followed in cases before the IIAA is to be governed by IIAA Procedure Rules.
(2)Schedule 3 makes further provision about IIAA Procedure Rules (but does not limit the power for the Rules to make other provision about practice and procedure).
(3)IIAA Procedure Rules are to be made by the IIAA Procedure Rules Board (see section 5).
(4)Before making IIAA Procedure Rules, the IIAA Procedure Rules Board must consult such persons as it considers appropriate.
(5)When exercising the power to make IIAA Procedure Rules, the IIAA Procedure Rules Board must have regard to the desirability of securing the objectives set out in section 1(4) and (5).
(6)The IIAA must take such steps as are reasonably practicable to bring information about the IIAA Procedure Rules to the attention of people likely to be affected by them.
(7)IIAA Procedure Rules are to be made by statutory instrument.
(8)A statutory instrument containing IIAA Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.
(9)The Statutory Instruments Act 1946 applies in relation to the power of the IIAA Procedure Rules Board to make IIAA Procedure Rules under this section as if the IIAA Procedure Rules Board were a Minister of the Crown.
Explanatory Notes · published by the Government with the Bill
71. Clause 4 provides that the practice and procedure for cases before the IIAA will be governed by a set of statutory Procedure Rules, made by the IIAA Procedure Rules Board. It sets out how those Rules are to be developed, including a requirement to consult with those it considers appropriate. The IIAA will have powers to lay the Rules through statutory instrument, as if it were a Minister of the Crown. The Rules will be subject to Parliamentary scrutiny under the negative procedure.
72. This safeguards the operational independence of the IIAA by placing control of its procedural framework in the hands of an independent Board, rather than Ministers. It mirrors the existing Tribunal Procedure Committee (although unlike that system, where the Lord Chancellor has a role in allowing/disallowing the Rules, no Minister will be required to agree the Rules).
73. Clause 4 also introduces Schedule 3 which makes further provision about the content of IIAA Procedure Rules.
Amendments tabled 2 · 1 would remove the whole clause · 2 decided
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 1 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Green Party: Siân Berry, Green Spokesperson (Home)
Would remove the whole clause
Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 4, line 10, leave out Clause 4
No explanatory statement was published with this amendment.
This amendment was not chosen for debate by the Chair/Speaker.
Green Party: Siân Berry, Green Spokesperson (Home)
Replaces words
Rejected on a vote
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would make the requirements relating to the IIAA Procedure Board equivalent to those of the Tribunal Procedure Committee when exercising its power to make rules.
Effect on the clause · the printed text with this amendment applied
4:20(5) When exercising the power to make IIAA Procedure Rules, the IIAA Procedure
4:21Rules Board must have regard to the desirability ofdo so with a view to securing the objectives
4:22set out in section 1(4) and (5).
The amendment · as tabled, addressed to the printed Bill
Clause 4, page 4, line 21, leave out “have regard to the desirability of” and insert “do so with a view to”
This amendment was debated and rejected, following a vote.