The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023
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Change 1
25 Amendment of the Schedule
(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. .
25 Amendment of the Schedule
(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. .
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