Legalize / United Kingdom / Public General Act

Advanced Research and Invention Agency Act 2022

Type Public General Act

Publication 2022-02-24

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

The Advanced Research and Invention Agency

Establishment of ARIA

1

(1) A body corporate called the Advanced Research and Invention Agency is established.

(2) In this Act that body is referred to as “ARIA”.

(3) Schedule 1 contains further provision about ARIA.

ARIA’s functions

2

(1) ARIA may do, or commission or support others to do, any of the following—

(a) conduct scientific research;

(b) develop and exploit scientific knowledge;

(2) In exercising its function of supporting others, ARIA may, in particular—

(a) encourage, facilitate and provide advice;

(b) provide financial support by way of grants, loans, investments in companies or other entities, or in any other form (including prizes);

(3) Where ARIA provides financial support, or makes property available, it may do so subject to conditions.

(4) The conditions may, in particular, include provision under which—

(a) financial support is to be repaid or otherwise made good (with or without payment of interest);

(b) property is to be restored;

(5) The activities which ARIA may do, commission or support in exercising a function are not restricted to activities in the United Kingdom.

(6) In exercising its functions, ARIA must have regard to the desirability of doing so for the benefit of the United Kingdom, through—

(a) contributing to economic growth, or an economic benefit, in the United Kingdom,

(b) promoting scientific innovation and invention in the United Kingdom, or

Ambitious research, development and exploitation: tolerance to failure

3

In exercising any of its functions under this Act, ARIA may give particular weight to the potential for significant benefits to be achieved or facilitated through scientific research, or the development and exploitation of scientific knowledge, that carries a high risk of failure.

Grants to ARIA from the Secretary of State

4

(1) The Secretary of State may make grants to ARIA.

(2) Grants under subsection (1) may be subject to conditions.

(3) The conditions may, in particular, include provision under which sums paid by the Secretary of State under subsection (1) are to be repaid (with or without payment of interest).

National security directions

5

(1) The Secretary of State may give ARIA directions as to the exercise of its functions if the Secretary of State considers it necessary or expedient in the interests of national security.

(2) The power to give directions under this section includes power to vary or revoke a direction.

(3) ARIA must comply with a direction given under this section.

Information

6

(1) ARIA must provide the Secretary of State with such information as the Secretary of State may request for the purposes of or in connection with the Secretary of State’s functions in relation to ARIA.

This is subject to subsections (4) and (5).

(2) Information provided under subsection (1) must be provided in such form as the Secretary of State may request.

(3) A disclosure of information required under this section does not breach—

(a) any obligation of confidence owed by ARIA, or

(b) any other restriction on the disclosure of information (however imposed).

(4) This section does not require a disclosure of information if the disclosure would contravene the data protection legislation.

In determining whether a disclosure would do so, the duty imposed by this section is to be taken into account.

(5) This section does not require the disclosure of anything in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality of communications) could be maintained in legal proceedings.

(6) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Transfer schemes

7

Schedule 2 contains provision about schemes for the transfer of staff and property, rights and liabilities to ARIA.

Consequential amendments

8

(1) The Secretary of State may by regulations make provision for the dissolution of ARIA.

(2) Regulations may not be made under this section within ten years after the date on which this Act is passed.

(3) Before making regulations under this section, the Secretary of State must consult—

(a) ARIA, and

(b) such other persons as the Secretary of State considers appropriate.

(4) Regulations under this section may, in particular—

(a) provide for the transfer of property, rights or liabilities of ARIA to the Secretary of State or any other person;

(b) create or extinguish rights, or impose or extinguish liabilities, in connection with provision made under paragraph (a);

(d) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of, or in relation to, ARIA when a transfer takes effect;

(e) provide for references to ARIA in any instrument or document to be treated as references to another person;

(f) make provision about the payment by the Secretary of State or ARIA of compensation to any person who suffers loss or damage as a result of the dissolution.

(5) The property, rights or liabilities mentioned in subsection (4)(a) include—

(a) property, rights or liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after a transfer;

(6) Regulations under this section—

(a) may transfer rights and liabilities relating to employees, but

(b) may not affect the operation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

(7) Consequential provision made under this section by virtue of section 10(2) may modify any provision, whenever passed or made, of, or made under—

(a) primary legislation, or

(b) assimilated direct legislation.

(8) In subsection (7)—

“modify” includes amend, repeal or revoke;

“primary legislation” means—an Act (including this Act);an Act of the Scottish Parliament;an Act or Measure of Senedd Cymru;Northern Ireland legislation.

Consequential amendments

9

Schedule 3 contains consequential amendments.

General

Regulations

10

(1) A power to make regulations under this Act includes power to make—

(a) transitional or saving provision;

(b) different provision for different purposes.

(2) A power to make regulations under section 8 or paragraph 11 or 18(2) of Schedule 1 includes power to make consequential, supplementary or incidental provision.

(3) Regulations under this Act are to be made by statutory instrument.

(4) A statutory instrument containing regulations under section 8 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) This section does not apply to regulations under section 13.

Interpretation

11

(1) In this Act—

“functions” includes powers and duties;

“scientific knowledge” means knowledge in, or in connection with, any of the sciences (including the social sciences) or technology, and includes the results of scientific research;

“scientific research” means research and development in any of the sciences (including the social sciences) or in technology.

(2) In this Act, references to the transfer of property include references to the grant of a lease.

Extent

12

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

(2) Any amendment made by this Act has the same extent as the provision amended.

Commencement

13

(1) Subject to subsection (2), the provisions of this Act come into force on such day or days as the Secretary of State may by regulations made by statutory instrument appoint.

(2) The following provisions come into force on the day on which this Act is passed—

(a) paragraph 11 of Schedule 1 and section 1(2) and (3) so far as relating to it;

(b) sections 10 to 12;

(d) section 14.

(3) The Secretary of State may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any provision of this Act.

Short title

14

This Act may be cited as the Advanced Research and Invention Agency Act 2022.

SCHEDULE 1

Status

1

(1) ARIA 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) ARIA’s property is not to be regarded—

(a) as the property of the Crown, or

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

Membership

2

(1) ARIA is to consist of—

(a) executive members, and

(b) non-executive members.

(2) The executive members are—

(a) the Chief Executive Officer,

(b) the Chief Finance Officer, and

(3) The non-executive members are—

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

(b) the Government Chief Scientific Adviser, and

(4) The Secretary of State must exercise the power in sub-paragraph (3)(c) so as to secure that the majority of members are non-executive members.

Executive members: appointment and status

3

(1) The first Chief Executive Officer is to be appointed by the Secretary of State.

(2) Subject to sub-paragraph (1), the executive members are to be appointed by the chair after consulting the other non-executive members.

(3) But the chair may not appoint an executive member without the consent of the Secretary of State.

(4) The Secretary of State may refuse consent under sub-paragraph (3) only where the Secretary of State considers it necessary or expedient in the interests of national security.

(5) The executive members are to be members of ARIA’s staff.

Executive members: term

4

(1) Any appointment of a Chief Executive Officer must be for a fixed term of not more than five years.

(2) A person cannot be appointed as the Chief Executive Officer more than twice.

5

(1) An executive member—

(a) ceases to be a member of ARIA upon ceasing to be a member of ARIA’s staff, and

(b) may resign from office by notifying the chair.

(2) The Secretary of State may remove a person from office as an executive member if the Secretary of State considers it necessary or expedient in the interests of national security.

Non-executive members: tenure

6

(1) Subject to the provisions of this Schedule, a person holds and vacates office as a non-executive member of ARIA in accordance with that person’s terms of appointment.

(2) A person may resign from office as a non-executive member by notifying the Secretary of State.

(3) The Secretary of State may remove a person from office as a non-executive member on any of the following grounds—

(a) absence from ARIA’s meetings for a continuous period of more than six months without ARIA’s permission,

(b) inability or unfitness to carry out the functions of the office, or

(4) A person ceases to be a non-executive member of ARIA upon becoming a member of ARIA’s staff.

(5) Nothing in this paragraph applies to the Government Chief Scientific Adviser.

Payment of non-executive members

7

(1) ARIA must pay its non-executive members such remuneration as the Secretary of State may determine.

(2) ARIA must pay, or make provision for paying, to or in respect of a person who is or has been a non-executive member of ARIA, such sums as the Secretary of State may determine in respect of allowances or expenses.

(3) Where a person ceases to be a non-executive member of ARIA, ARIA must pay the person compensation of such amount as the Secretary of State may determine if the Secretary of State determines that the person should be compensated because of special circumstances.

(4) Sub-paragraph (1) does not apply to the Government Chief Scientific Adviser.

Staffing

8

(1) Subject to paragraph 3, ARIA may—

(a) appoint employees, and

(b) make such other arrangements for the staffing of ARIA as it considers appropriate, including arrangements for persons to be seconded to ARIA.

(2) The terms on which executive members are, by virtue of paragraph 3, to become, or continue to be—

(a) employees of ARIA, or

(b) persons seconded to ARIA under sub-paragraph (1)(b),

are to be determined in accordance with this paragraph.

(3) The terms of employment of other employees are to be determined in accordance with this paragraph.

(4) ARIA must pay its employees such remuneration as may be determined in accordance with this paragraph.

(5) ARIA must pay, or make provision for paying,—

(a) to or in respect of an executive member of ARIA, such sums in respect of pensions or gratuities relating to service as an executive member as may be determined in accordance with this paragraph, and

(b) to or in respect of a person who is a member of ARIA’s staff, such sums in respect of allowances or expenses as may be determined in accordance with this paragraph.

(6) ARIA may pay, or make provision for paying,—

(a) to or in respect of an employee of ARIA, such sums in respect of pensions or gratuities, other than those mentioned in sub-paragraph (5)(a), as may be determined in accordance with this paragraph, and

(b) to or in respect of a person who has been an employee of ARIA, such sums in respect of allowances or expenses as may be determined in accordance with this paragraph.

(7) A matter is determined in accordance with this paragraph if—

(a) in the case of a matter which relates to the first Chief Executive Officer, it is determined by the Secretary of State;

(b) in the case of a matter which relates to any other executive member, it is determined by the chair with the consent of the Secretary of State, after consulting the other non-executive members;

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