PART 9Transitional Provisions
Acceptance or rejection of the TRA's recommendation by the Secretary of StateI152
1
Where the TRA makes a recommendation in accordance with regulation 51 (TRA's recommendations to the Secretary of State), the Secretary of State must accept or reject that recommendation.
2
The Secretary of State may reject the TRA's recommendation only if the Secretary of State is satisfied that—
a
where relevant, the application of a tariff rate quota (or a safeguarding amount) to the goods subject to review in accordance with the recommendation does not meet the economic interest test; or
b
it is not otherwise in the public interest to accept the recommendation.
3
Where the Secretary of State rejects the TRA's recommendation, the Secretary of State must—
a
publish a notice of the rejection which contains the following information—
i
a description of the goods to which the notice relates;
ii
a summary of the review;
iii
the TRA's recommendation;
iv
the reasons for the TRA's recommendation;
v
the reasons for the Secretary of State's rejection;
b
notify interested parties; and
c
lay a statement before the House of Commons setting out the reasons for rejecting the recommendation.
4
Where the Secretary of State accepts the TRA's recommendation, the Secretary of State must—
a
make provision by public notice to give effect to the recommendation;
b
notify interested parties.
5
The notice referred to in paragraph (4)(a) must contain the following information—
a
the information referred to in sub-paragraphs (i) to (iv) of paragraph (3)(a);
b
where relevant, the revised amount of the tariff rate quota;
c
where relevant, the allocation or revised allocation of the tariff rate quota;
d
where relevant, the revised additional rate of import duty;
e
where relevant, the revised period for which such goods will be subject to a tariff rate quota;
f
details of the exclusion of any goods from the application of the tariff rate quota;
g
where relevant, details of the safeguarding amount recommended in place of a tariff rate quota and the period for which such amount will apply.
6
A period referred to in paragraph (5)(e) or (g) must begin on the day after the publication of the public notice.