The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023
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Change 1
7 Insertion of regulation 33A (early review)
After regulation 33, insert— Early review 33A (1) The Secretary of State may, within 60 days of the application, variation, extension or suspension of a definitive safeguarding remedy under Part 4 of Schedule 5 to the Act or Part 6, Part 7 or Part 7A of these Regulations, request that the TRA undertakes a review of the application, variation, extension or suspension of that remedy (as the case may be) by reference to any matters specified in the request, with a view to varying or revoking it (an “early review”). (2) Paragraph (1) does not apply in relation to a definitive safeguarding remedy which is maintained, varied or revoked as a result of an early review under this regulation. (3) The Secretary of State may request an early review where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its investigation or review that is relevant to the definitive safeguarding remedy; (b) the TRA made an error in relation to its recommendation; or (c) exceptional circumstances make the request appropriate. (4) Before making a request under paragraph (1), the Secretary of State must consult the TRA. (5) Where the Secretary of State makes a request under paragraph (1), the TRA must— (a) comply with the request; (b) in reviewing the definitive safeguarding remedy, have regard to any particular considerations which the Secretary of State may specify in the request. (6) Where the TRA initiates an early review, the TRA must— (a) publish a notice (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and (b) notify the Secretary of State and interested parties accordingly. (7) Following the conclusion of an early review, the TRA may determine that the application of a definitive safeguarding remedy should be— (a) maintained in accordance with the relevant public notice made under section 13 of the Act; (b) varied; or (c) revoked. .
7 Insertion of regulation 33A (early review)
After regulation 33, insert— Early review 33A (1) The Secretary of State may, within 60 days of the application, variation, extension or suspension of a definitive safeguarding remedy under Part 4 of Schedule 5 to the Act or Part 6, Part 7 or Part 7A of these Regulations, request that the TRA undertakes a review of the application, variation, extension or suspension of that remedy (as the case may be) by reference to any matters specified in the request, with a view to varying or revoking it (an “early review”). (2) Paragraph (1) does not apply in relation to a definitive safeguarding remedy which is maintained, varied or revoked as a result of an early review under this regulation. (3) The Secretary of State may request an early review where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its investigation or review that is relevant to the definitive safeguarding remedy; (b) the TRA made an error in relation to its recommendation; or (c) exceptional circumstances make the request appropriate. (4) Before making a request under paragraph (1), the Secretary of State must consult the TRA. (5) Where the Secretary of State makes a request under paragraph (1), the TRA must— (a) comply with the request; (b) in reviewing the definitive safeguarding remedy, have regard to any particular considerations which the Secretary of State may specify in the request. (6) Where the TRA initiates an early review, the TRA must— (a) publish a notice (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and (b) notify the Secretary of State and interested parties accordingly. (7) Following the conclusion of an early review, the TRA may determine that the application of a definitive safeguarding remedy should be— (a) maintained in accordance with the relevant public notice made under section 13 of the Act; (b) varied; or (c) revoked. .
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