Part 3: The Trade and Agriculture Commission Section 9: Trade and Agriculture Commission: advisory functions
Section 42 of the Agriculture Act 2020 places a duty on the Secretary of State to report on whether the measures in certain free trade agreements applicable to trade in agricultural products are consistent with maintaining UK levels of statutory protection in relation to animal or plant life or health, animal welfare, and the environment.
	Subsection 9(2) of the Trade Act amends section 42 of the Agriculture Act 2020 to impose a duty on the Secretary of State to request advice from the TAC on these matters, except in relation to human life or health. This advice will be used to inform the section 42 report. It also requires the Secretary of State to publish the request for advice and any accompanying guidelines, and to lay any advice received pursuant to such a request before Parliament before the section 42 report (ie before laying the relevant free trade agreement before Parliament under Part 2 of the Constitutional Governance and Reform Act 2010).
	Subsection 9(4) amends the Agriculture Act 2020 to provide for a review of the operation of the TAC at least once every three years, the first review of which is to take place on or before 11pm on 31 December 2023. It also provides for the Secretary of State to make regulations repealing section 9’s amendments to the Agriculture Act 2020 via the affirmative resolution procedure, so long as such regulations do not come into force before 11pm on 31 December 2023.