The Trade Remedies (Amendment) Regulations 2024

Amendment of regulation 87 (period of suspension)

22.  In regulation 87—

(a) in paragraph (7), for “accept or reject it” substitute—

“—

(a) accept or reject the recommendation; or

(b) request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation”;

(b) after paragraph (9), insert—

“(9A) Paragraph (9B) applies if the recommendation is rejected.

(9B) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide to vary the extended period of suspension, subject to paragraph (9C).

(9C) Where the Secretary of State decides to vary the extended period of suspension—

(a) the overall duration of the extended period of suspension must not exceed 21 months; and

(b) the extended period of suspension must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the decision.

(9D) Where the Secretary of State makes a decision under paragraph (9B)—

(a) the notice published by the Secretary of State under paragraph 26(6)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 5; and

(b) the Secretary of State must lay a statement before the House of Commons setting out the reasons for the decision.”;

(c) in paragraph (10), after “rejects a recommendation”, insert “and does not make a decision under paragraph (9B)”;

(d) after paragraph (10), insert—

“(11) The Secretary of State may only make a request under paragraph (7)(b) where the Secretary of State considers that—

(a) there is information that the TRA did not take into account in its recommendation that is relevant to the recommendation;

(b) the TRA made an error in relation to its recommendation; or

(c) exceptional circumstances make the request appropriate.

(12) Before making a request under paragraph (7)(b), the Secretary of State must consult the TRA.

(13) Where the Secretary of State makes a request under paragraph (7)(b), the TRA must—

(a) comply with the request; and

(b) in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.”.