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.