69. Regulation 38 (acceptance or rejection of the TRA's recommendation by the Secretary of State) has effect as if—
(a)for the heading of that regulation, there were substituted— “ Secretary of State's decision whether to give effect to a preliminary decision following the conclusion of a review ”; and
(b)for that regulation there were substituted—
“38.—(1) Where the Secretary of State makes a preliminary decision that the application of a definitive safeguarding remedy should be varied, revoked, or replaced, the Secretary of State must decide whether to give effect to the preliminary decision.
(2) The Secretary of State may decide not to give effect to the preliminary decision only if the Secretary of State is satisfied that it is not in the public interest to give effect to it.
(3) Where the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must—
(a)publish a notice containing the information referred to in paragraph 10 or 11 of the Schedule;
(b)notify interested parties; and
(c)lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary decision.”.