The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023

Amendment of the Schedule

25.—(1) The Schedule is amended as follows.

(2) In paragraph 4—

(a) in the opening words—

(i) after “paragraph”, insert “14(2E)(a),”;

(ii) before “15(3)(a)”, insert “15(2E)(a),”;

(b) for sub-paragraph (f) substitute—

“(f) where the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under paragraph 14(2C) or 15(2C) of Schedule 5 to the Act—

(aa) that such notice is a public notice made under section 13 of the Act; and

(bb) the reasons for the Secretary of State’s rejection and for applying a provisional safeguarding remedy other than in accordance with the recommendation;

(ii) and does not make a decision under paragraph 14(2C) or 15(2C) of Schedule 5 to the Act, the reasons for the Secretary of State’s rejection.”.

(3) In paragraph 6—

(a) in the opening words—

(i) after “paragraph”, insert “19(2E)(a),”;

(ii) before “20(3)(a)”, insert “20(2E)(a),”;

(b) for sub-paragraph (f) substitute—

“(f) where a provisional safeguarding remedy is in force and the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act—

(aa) that such notice is a public notice made under section 13 of the Act; and

(bb) the reasons for the Secretary of State’s rejection and for applying a definitive safeguarding remedy other than in accordance with the recommendation;

(ii) and does not make a decision under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act—

(aa) that such notice is a public notice made under section 13 of the Act; and

(bb) the reasons for the Secretary of State’s rejection;”;

(c) for sub-paragraph (g) substitute—

“(g) where a provisional safeguarding remedy is not in force and the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act—

(aa) that such notice is a public notice made under section 13 of the Act; and

(bb) the reasons for the Secretary of State’s rejection and for applying a definitive safeguarding remedy other than in accordance with the recommendation;

(ii) and does not make a decision under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act, the reasons for the Secretary of State’s rejection.”.

(4) In paragraph 9, in the opening words, after “regulation”, insert “33A(6)(a) (in which case only subparagraphs (a) to (f) and (i) to (l) apply),”.

(5) In paragraph 10, for sub-paragraph (f) substitute—

“(f) where the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under regulation 38(2C)—

(aa) that such notice is a public notice made under section 13 of the Act; and

(bb) the reasons for the Secretary of State’s rejection, and for varying the application of a definitive safeguarding remedy other than in accordance with the recommendation or revoking it;

(ii) and does not make a decision under regulation 38(2C), the reasons for the Secretary of State’s rejection.”.

(6) In paragraph 13, for sub-paragraph (e) substitute—

“(e) where the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under regulation 39(10B)—

(aa) that such notice is a public notice made under section 13 of the Act; and

(bb) the reasons for the Secretary of State’s rejection and for suspending the definitive safeguarding remedy other than in accordance with the recommendation;

(ii) and does not make a decision under regulation 39(10B), the reasons for the Secretary of State’s rejection.”.

(7) In paragraph 14—

(a) in the opening words, after “referred to in”, insert “paragraph 24(6)(a) of Schedule 5 to the Act or”;

(b) for sub-paragraph (f) substitute—

“(f) where the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under regulation 41(8B)—

(aa) that such notice is a public notice made under section 13 of the Act; and

(bb) the reasons for the Secretary of State’s rejection and for extending a period of suspension other than in accordance with the recommendation;

(ii) and does not make a decision under regulation 41(8B), the reasons for the Secretary of State’s rejection.”.

(8) In paragraph 17—

(a) in the heading, for “of” in the second place it occurs, substitute “to maintain the application of a definitive safeguarding remedy in an”;

(b) in the opening words, omit “and 42G(4)”.

(9) After paragraph 17, insert—

“Notice of the Secretary of State accepting or rejecting a recommendation by the TRA relating to an international dispute investigation

18.   The information to be contained in a notice referred to in paragraph 22(4)(a) of Schedule 5 to the Act or regulation 42I(4) is—

(a) a description of the goods to which the notice relates;

(b) a description of the definitive safeguarding remedy to which the notice relates;

(c) a summary of the investigation;

(d) a summary of the international dispute decision;

(e) the TRA’s determination made in the light of the international dispute decision;

(f) the reasons for the TRA's recommendation to vary or revoke the definitive safeguarding remedy;

(g) where the Secretary of State accepts the TRA’s recommendation to vary the definitive safeguarding remedy—

(i) that such notice is a public notice made under section 13 of the Act;

(ii) a specified period for which the definitive safeguarding remedy is applicable;

(iii) details of exceptions of goods from the application of the definitive safeguarding remedy, if any;

(h) where the Secretary of State accepts the TRA’s recommendation to revoke the definitive safeguarding remedy—

(i) that such notice is a public notice made under section 13 of the Act;

(ii) the date that the notice takes effect, which must be the day after the date of publication of the notice;

(i) where the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under regulation 42I(3C)—

(aa) that such notice is a public notice made under section 13 of the Act; and

(bb) the reasons for the Secretary of State’s rejection, and for varying the application of a definitive safeguarding remedy other than in accordance with the recommendation or revoking it;

(ii) and does not make a decision under regulation 42I(3C), the reasons for the Secretary of State’s rejection.”.