Finance (No. 2) Act 2023

Reviews etc U.K.

5 (1) In paragraph 21 (reviews of continuing application of an anti-dumping amount or a countervailing amount)—

(a) in sub-paragraph (4)—

(i) after sub-paragraph (c) insert—

“(ca) provision corresponding or similar to any provision made by or under this Schedule in relation to dumping or subsidisation investigations, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them;

(cb) provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA;”;

(ii) at the end insert—

“(e) provision for the Secretary of State to provide by public notice, in a case where a review in relation to the application of an anti-dumping amount or a countervailing amount has been completed, for—

(i) the application of the amount to be treated as having expired at the end of the specified period (see paragraph 17(3) and (4)) set out in the public notice under section 13 relating to the amount;

(ii) where the application of the amount was not suspended in connection with a review, a person to be entitled to a repayment of the amount that they paid after applying for the review;

(iii) where the application of the amount was suspended in connection with a review, a person to be liable for the amount that they would have been liable to pay if the review had not taken place.”;

(b) in sub-paragraph (6)—

(i) omit the “and” at the end of paragraph (a);

(ii) after that paragraph insert—

“(aa) the TRA giving the Secretary of State options as part of a recommendation,”;

(iii) for paragraph (b) substitute—

“(b) the Secretary of State’s powers in relation to such a recommendation, and

(c) the date from which any variation or revocation may have effect, which may be a date before the date of the recommendation by the TRA or decision by the Secretary of State.”;

(c) in sub-paragraph (7)—

(i) in the words before paragraph (a), for “accepts a recommendation” substitute “decides”;

(ii) in paragraph (a), for “recommendation and of the acceptance of it” substitute “decision”;

(iii) in paragraph (c), for “recommendation” substitute “decision”;

(d) in sub-paragraph (8), after “State” insert “, or which the Secretary of State may decide to make other than in accordance with a recommendation,”;

(e) in sub-paragraph (9)—

(i) for “the TRA may recommend” substitute “the Secretary of State may decide, whether or not in response to a recommendation of the TRA,”;

(ii) for “the recommendation” substitute “the decision”;

(f) in sub-paragraph (10) for “recommendation” substitute “decision”.

(2) In paragraph 22 (variation or revocation following an international dispute decision)—

(a) in sub-paragraph (1)(b), for “the Secretary of State accepting or rejecting” substitute “the Secretary of State’s powers in relation to”;

(b) in sub-paragraph (2), at the end insert—

“(d) make provision corresponding or similar to any provision made by or under this Schedule in relation to dumping or subsidisation investigations, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them;

(e) make provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA.”;

(c) in sub-paragraph (4)—

(i) in the words before paragraph (a), for “accepts a recommendation” substitute “decides”;

(ii) in paragraph (a), for “recommendation and acceptance of it” substitute “decision”;

(iii) in paragraph (c), for “recommendation” substitute “decision”.

(3) In paragraph 26 (suspension of anti-dumping or anti-subsidy remedies)—

(a) in sub-paragraph (1)(b), for “the Secretary of State accepting or rejecting” substitute “the Secretary of State’s powers in relation to”;

(b) in sub-paragraph (4), at the end insert—

“(e) provision corresponding or similar to any provision made by or under this Schedule in relation to dumping or subsidisation investigations, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them;

(f) provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA.”;

(c) in sub-paragraph (6)—

(i) in the words before paragraph (a), for “accepts a recommendation” substitute “decides”;

(ii) in paragraph (a), for “recommendation and of the acceptance of it” substitute “decision”;

(iii) in paragraph (c), for “recommendation” substitute “decision”.

Commencement Information

I1 Sch. 19 para. 5 not in force at Royal Assent, see Sch. 19 para. 17(2)

I2 Sch. 19 para. 5 in force at 25.8.2023 by S.I. 2023/918, reg. 2 (with reg. 3)