G/ADP/N/1/GBR/1/Suppl.17  
G/SCM/N/1/GBR/1/Suppl.16  
G/SG/N/1/GBR/1/Suppl.15  
 
20 September  2023 
(23-6280) Page: 1/20 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTIC LES 18.5, 32.6 AND 12.6  OF THE AGREEMENTS  
UNITED KINGDOM  
Supplement  
The following communication, dated and received on 19 September  2023, is being circulated at the 
request of the delegation of the United Kingdom.  
 
_______________  
 
 
INTRODUCTION  
In accordance with the obligations under Article 12.6 of the Agreement on Safeguards, Article 18.5 
of the Agreement on the Implementation of Article VI of the GATT  1994 and Article 32.6 of the 
Agreement on Subsidies and Countervailing Measures, to notify laws, regulations and administrative 
procedures to the Committee on Safeguards, Committee on Anti -Dumping Practices and the 
Committee on Subsi dies and Countervailing Measures, respectively, the United Kingdom hereby 
notifies the following legislation, which amends the Taxation (Cross -border Trade) Act 2018 
('TCTA 2018'), as notified in document G/ADP/N/1/GBR/1; G/SCM/N/1/GBR/1; G/SG/N/1/ GBR/1 , 
and subsequently amended. A consolidated version of the TCTA 2018 will be available at: 
https://www.legislation.gov.uk/ukpga/2018/22/contents . 
Section 316 and Schedule 19 of the Finance (No. 2) Act 2023 notified herein, and available at 
https://www.legislation.gov.uk/ukpga/2023/30/contents /enacted , introduce new provisions relating 
to anti -dumping, countervailing and safeguard investigations. This will allow the Secretary of State 
to exercise a greater degree of flexibility when making decisions on trade r emedies cases in the 
public interest, whilst maintaining the independence of the Trade Remedies Authority as an 
investigatory body. It also allows for the repayment or collection of duties following certain reviews 
conducted under the trade remedies framew ork. 
The commencement regulations notified herein, and available at 
https://www.legislation.gov.uk/uksi/2023/918/contents/made , are made under the Finance Act and 
bring the relevant sections of the Act into force.  
  G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  STATUTORY INSTRUMENTS  
2023 NO. 918 (C. 51)  
CUSTOMS  
TRADE  
THE FINANCE (NO. 2) ACT 2023, SCHEDULE 19 (TRADE REMEDIES) (APPOINTED DAY 
AND SAVINGS) REGULATIONS 2023  
Made  16th August 2023  
 
The Secretary of State makes these Regulations in exercise of the powers conferred by 
paragraphs  17(2), 17(3), and 17(4) of Schedule 19 to the Finance (No. 2) Act 20231. 
 
Citation  
1.  These Regulations may be cited as the Finance (No. 2) Act 2023, Schedule 19 (Trade 
Remedies) (Appointed Day and Savings) Regulations 2023.  
Appointed Day  
2.  25th August 2023 is the appointed day for the provisions of Schedule 19 to the Finance (No.  2) 
Act 2023 to come into force, in so far as they are not already in force.  
Savings provision  
3.—(1) Schedule 19 does not apply to the investigations initiated by the Trade Remedies 
Authority2 set out in paragraph (2) before the appointed date.  
(2) The investigations referred to in paragraph (1) are — 
(a)a dumping or subsidisation investigation under paragraph 9 of Schedule 4 to the Taxation 
(Cross -border Trade) Act 20183, and 
(b)a safeguarding investigati on under paragraph 7 of Schedule 5 to the Taxation (Cross -border 
Trade) Act 2018.  
 
Signed by authority of the Secretary of State for Business and Trade  
Nigel Huddleston  
Minister for International Trade  
16th August 2023  
Department for Business and Trade  
 
 
1 2023 c. 30.  
2 The Trade Remedies Authority was established by the Trade Act 2021 (c. 10).  
3 2018 c. 22  G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  EXPLANATORY NOTE  
(This note is not part of the Regulations)  
These Regulations are the first Regulations to be made under Schedule 19 to the Finance (No. 2) 
Act 2023 (c. 30) . They appoint 25th August 2023 as the day on which the remaining provisions of 
Schedule 19 (which were not in force by virtue of paragraph 17(1) of Schedule 19) come into force.  
Regulation 3 provides that Schedule 19 does not apply to investigations already initiated by the 
Trade Remedies Authority before 25th August 2023 in relation to dumping and subsidisation and 
safeguarding under provisions of the Taxation (Cross -Border Trade) Act  2018 (c. 22) . 
A Tax Information and Impact Note covering th is instrument will be published on the website 
at https://www.gov.uk/government/publi cations/trade -remedies -reform/reform -of-the-uks-trade -
remedies -framework . 
  G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  FINANCE (No. 2) ACT 2023  
CHAPTER 30  
Laid before the House of Commons ---21 March 2023  
Royal Assent ---11 July 2023  
SECTION 316  
Dumping, subsidisation and safeguarding remedies  
Schedules 19 and 20 make provision for the purposes of import duty — 
(a) requiring the Trade Remedies Authority ( "the TRA ") to give the Secretary of State notice at 
certain points in dumping, subsidisation and safeguarding investigations,  
(b) enabling the TRA to include more than one option in recommendations to the Secretary of 
State in relation to such investigations,  
(c) authorising the Secretary of State to ask for additional advice from, a nd act otherwise than 
in accordance with a recommendation of, the TRA in relation to such investigations,  
(d) requiring the TRA to advise the Secretary of State on whether the economic interest test is 
met in relation to remedies that it recommends in dump ing, subsidisation or safeguarding cases,  
(e) about reviews of the application of remedies in such cases,  
(f) about bilateral safeguards, and  
(g) about Part 12 of the Trade Remedies (Dumping and Subsidisation) (EU Exit) 
Regulations  2019 ( S.I. 2019/450 ). 
SCHEDULE 19  
Dumping, subsidisation and safeguarding remedies  
 
Part 1 Dumping and subsidisation remedies  
 
Introduction  
1 Schedule 4 to TCTA 2018 (dumping of goods or foreign subsidies causing injury to UK industry) 
is amended as follows.  
Notification etc  
2 (1) In paragraph 9 (initiation of a dumping or subsidisation investigation) — 
(a) after sub -paragraph (3) insert — 
"(3A)Where the TRA receives an application under sub -paragraph (1)(a)(i), the TRA 
must notify the Secretary of State of the application before the end of the second 
working day after the day on which it receives the application. "; 
(b) in sub -paragraph (5), in the words befor e paragraph (a), after "must" insert  "notify the 
Secretary of State that it intends to initiate a dumping investigation and, after the relevant 
interval, must take the following steps in the order in which they are set out "; G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  (c) in sub -paragraph (6) — 
(i) in the words before paragraph (a), after "must" insert  "notify the Secretary of 
State that it intends to initiate a subsidisation investigation and, after the relevant 
interval, must take the following steps in the order in which they are set out "; 
(ii) aft er paragraph (a) insert — 
"(aa)invite the governments of the relevant foreign countries or territories 
to participate in consultations, "; 
(iii) in paragraph (b) omit the words from "after" to "consultations, "; 
(d) after sub -paragraph (6) insert — 
"(6A)In sub -paragraphs (5) and (6), the "relevant interval " is the period of two 
working days beginning with the first working day after the day on which the TRA 
notifies the Secretary of State of its intention to initiate the investigation. "; 
(e) after sub -paragraph (9) insert — 
"(10)In this paragraph, "working da y" means any day other than a Saturday, a 
Sunday or a day that is a bank holiday under the Banking and Financial Dealings Act 
1971 in any part of the United Kingdom. " 
(2) In paragraph 10 (regulations about the conduct of a dumping or subsidisation investig ation), 
in sub -paragraph (2) — 
(a) in paragraph (i), at the end insert  "or the Secretary of State "; 
(b) at the end insert — 
"(k)the Secretary of State requiring the TRA to reassess a proposal to terminate an 
investigation. " 
(3) In paragraph 11 (provisional a ffirmative determinations and final affirmative or negative 
determinations), in sub -paragraph (5), at the end insert  "(but see paragraph 12A for a 
requirement to give notice to the Secretary of State in certain cases) ". 
(4) In paragraph 12 (termination of a dumping or a subsidisation investigation) — 
(a) omit paragraph (b);  
(b) in paragraph (c), after "20(4)(a) " insert  "or the Secretary of State publishes notice of a 
decision under paragraph  20A(2)". 
(5) After paragraph 12 insert — 
"Requirement to give notice to the Secretary of State in certain cases  
12A (1) This paragraph applies where the TRA proposes to make a final negative 
determination.  
(2) The TRA must notify the Secretary of State of its proposed 
determination.  
(3) Where the Secretary of State has been notified in accordance with sub -
paragraph  (2), the Secretary of State may, within the relevant period (and 
subject to sub -paragraph  (4)), request that the TRA reassess its proposed 
determination by reference to any matters s pecified in the request.  
(4) The Secretary of State may only make a request under sub -
paragraph  (3) where the Secretary of State considers that — 
(a) there is information that the TRA did not take into account in its 
investigation that is relevant to the pr oposed determination,  
(b) the TRA has made an error in relation to its proposed 
determination, or  
(c) exceptional circumstances make the request appropriate.  
(5) The TRA must comply with a request under sub -paragraph  (3). G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  (6) The TRA may not make its propo sed determination until — 
(a) the relevant period has ended, or  
(b) if the Secretary of State informs the TRA within the relevant 
period that the Secretary of State will not make a request under sub -
paragraph  (3), the time when the TRA receives that informa tion. 
(7) For the purposes of this paragraph, the relevant period is the period of 
21 days beginning with the day on which the TRA notifies the Secretary of 
State that it proposes to make the determination. " 
Provisional remedies  
3 (1) In paragraph 13 (TRA's duty to recommend requiring guarantees) — 
(a) in sub -paragraph (4) omit paragraph (b) (and the "and" at the end of paragraph (a));  
(b) after sub -paragraph (8) insert — 
"(8A)Where the TRA makes a recommendation under sub -paragraph (3), it must 
advise the Secretary of State whether and why it considers that requiring importers 
to give a guarantee in accordance with the recommendation would meet the 
economic interest test (see paragraph 25). " 
(2) In paragraph 15 (Secretary of State 's power to requ ire a guarantee) — 
(a) in sub -paragraph (3), for the words from "accept " to the end substitute  "have 
regard to the TRA 's advice on whether requiring a guarantee in accordance with the 
recommendation would meet the economic interest test (see paragraph 25). "; 
(b) after sub -paragraph (3) insert — 
"(3A)  Sub-paragraph  (3B) applies if the recommendation is rejected.  
(3B) If the Secretary of State considers that it is in the public interest to 
do so, the Secretary of State may decide that importers of relevant 
goods should be required to give a guarantee other than in 
accordance with the recommendation.  
(3C)  But the Secretary of State may make a decision under sub -
paragraph  (3B) only if a recommendation under paragraph 13(3) to 
the same effect as the decision (ign oring any restrictions in 
paragraph 13 on the ability of the TRA to make such a 
recommendation) would have complied with the requirements set 
out in paragraph 14.  
(3D)  Where the Secretary of State makes a decision under sub -
paragraph  (3B), the Secretary o f State — 
(a) must publish notice of the decision,  
(b) must notify interested parties (see paragraph 32(3)) 
accordingly,  
(c) must lay a statement before the House of Commons setting out 
the reasons for making the decision, and  
(d) is required under section 13 to make provision by public notice 
to give effect to the decision. "; 
(c) in sub -paragraph (4), after "rejected " insert "and the Secretary of State does not 
make a decision under sub -paragraph  (3B)". 
Definitive remedies  
4 (1) In paragraph 17 (TRA 's duty to recommend an anti -dumping amount or countervailing 
amount) — 
(a) in sub -paragraph (3), in the words before paragraph (a), for "may" substitute  "must"; 
(b) in sub -paragraph (4), in the words before paragraph (a), for "may" substitute  "must"; G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  (c) omit sub -paragraph (5);  
(d) in sub -paragraph (7) — 
(i) omit "But"; 
(ii) at the end insert  "(but a recommendation may include two or more options in 
accordance with sub -paragraph (8A)) "; 
(e) after sub -paragraph (8) insert — 
"(8A) Where the TRA considers that there are two or more options which it could 
recommend under sub -paragraph (3) or (4), as the case may be, in relation 
to relevant goods or descriptions of relevant goods, it may give the Secretary 
of State each of those options as part of i ts recommendation.  
(8B)  The Secretary of State may by regulations make provision requiring the TRA, 
in specified circumstances, to consider whether it could give the Secretary 
of State two or more options as part of its recommendation under sub -
paragraph (3) or (4) in relation to relevant goods or descriptions of relevant 
goods.  
(8C)  Where, after considering whether it could give the Secretary of State two or 
more options as part of its recommendation in accordance with regulations 
under sub -paragraph  (8B), the TRA considers that there is only one option 
which it could recommend under sub -paragraph (3) or (4), as the case 
maybe, in relation to relevant goods or descriptions of relevant goods, it 
must give the Secretary of State its reasons for reaching tha t conclusion.  
(8D)  Where the TRA gives the Secretary of State options, it must — 
(a) give the Secretary of State its reasons for including each option, 
and 
(b) inform the Secretary of State which option it prefers and why.  
(8E)  Where the TRA makes a recom mendation under sub -paragraph (3) or (4) it 
must advise the Secretary of State whether and why it considers that 
applying an anti -dumping amount or a countervailing amount, as the case 
may be, in accordance with — 
(a) the recommendation, or  
(b) where the re commendation contains options given under sub -
paragraph (8A), each option,  
would meet the economic interest test (see paragraph 25). "; 
(f) omit sub -paragraph (9);  
(g) omit sub -paragraph (10).  
(2) In paragraph 18 (TRA 's recommendations about an anti-dumping amount or a 
countervailing amount), after sub -paragraph (8) insert — 
"(9) This paragraph has effect in relation to an option given by the TRA under paragraph 
17(8A) as it has effect in relation to a recommendation by the TRA under paragraph 
17(3) or (4). " 
(3) In paragraph 19 (regulations about TRA 's recommendations), after sub -paragraph (5) 
insert — 
"(6) Regulations under this paragraph may make any provision in relation to an option 
given by the TRA under paragraph 17(8A) that they may make in r elation to a 
recommendation by the TRA under paragraph 17(3) or (4). " 
(4) In the italic heading before paragraph 20 (Secretary of State 's power to accept or reject a 
recommendation), for "power to accept or reject " substitute  "powers in relation to ". G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  (5) In paragraph 20 — 
(a) in sub -paragraph (1) — 
(i) the words from "decide " to the end become paragraph (a);  
(ii) at the end of that paragraph insert  ", or 
(b) request that the TRA reassess the recommendation, by reference to any 
matters specified in the re quest, with a view to amending or replacing the 
recommendation. "; 
(b) after sub -paragraph (1) insert — 
"(1A) Where the Secretary of State accepts a recommendation which contains 
options given in reliance on paragraph 17(8A), the Secretary of State must 
decide which of those options to adopt. "; 
(c) in sub -paragraph (3), for the words from "accept " to the end substitute  "have regard to 
the TRA 's advice on whether the application of an anti -dumping amount or a countervailing 
amount to goods in accordance wi th the recommendation, or in accordance with each option, 
as the case may be, would meet the economic interest test (see paragraph 25) "; 
(d) in sub -paragraph (4), after "rejected " insert  "and the Secretary of State does not make 
a decision under paragraph  20A(2)"; 
(e) in sub -paragraph (5), in paragraph (a), after "recommendation " insert  ", including any 
particular option adopted by the Secretary of State, "; 
(f) after sub -paragraph (5) insert — 
"(5A) The Secretary of State may only make a request under sub -paragraph (1)(b) 
where the Secretary of State considers that — 
(a) there is information that the TRA did not take into account in its 
investigation that is relevant to the recommendation,  
(b) the TRA has made an error in relation to its re commendation, or  
(c) exceptional circumstances make the request appropriate.  
(5B) Before making a request under sub -paragraph (1)(b), the Secretary of State 
must consult the TRA.  
(5C) Where the Secretary of State makes a request under sub -paragraph (1)(b),  
the TRA must — 
(a) comply with the request, and  
(b) in reassessing its recommendation, have regard to any particular 
considerations which the Secretary of State may specify in the request. " 
(6) After paragraph 20 insert — 
"Secretary of State 's power to apply an alternative remedy  
20A (1) This paragraph applies where the Secretary of State rejects a 
recommendation under paragraph 20.  
(2) If the Secretary of State considers that it is in the public interest to do 
so, the Secretary of State may decide to ap ply an anti -dumping amount or 
a countervailing amount in relation to relevant goods or descriptions of 
relevant goods to which the TRA 's recommendation related, other than in 
accordance with the recommendation.  
(3) But the Secretary of State may make a dec ision under sub -paragraph 
(2) only if a recommendation under paragraph 17(3) or (4) to the same 
effect as the decision (ignoring any restrictions in paragraph 17 on the ability 
of the TRA to make such a recommendation) would have complied with the 
requirem ents set out in paragraph 18.  
(4) Where the Secretary of State makes a decision under sub -paragraph (2), 
the Secretary of State — G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  (a) must publish notice of the decision,  
(b) must notify interested parties (see paragraph 32(3)) 
accordingly,  
(c) must lay a s tatement before the House of Commons setting out 
the reasons for making the decision, and  
(d) is required under section 13 to make provision by public notice 
to give effect to the decision. " 
Reviews etc  
5 (1) In paragraph 21 (reviews of continuing applicat ion of an anti -dumping amount or a 
countervailing amount) — 
(a) in sub -paragraph (4) — 
(i) after sub -paragraph (c) insert — 
"(ca)  provision corresponding or similar to any provision made by or under 
this Schedule in relation to dumping or subsidisation investigations, 
including any of the powers or duties of the TRA or the Secretary of 
State in respect of those investigations and any recommendations 
or decisions resulting from them;  
(cb)  provision conferring functions (including functions involving the 
exercise of a discretion) on the Secretary of State or the TRA; "; 
(ii) at the end insert — 
"(e)  provision for the Secretary of State to provide by public notice, in a 
case where a review in relation to the application of an anti -dumping 
amoun t or a countervailing amount has been completed, for — 
(i)  the application of the amount to be treated as having 
expired at the end of the specified period (see paragraph 
17(3) and (4)) set out in the public notice under section 13 
relating to the amount;  
(ii)  where the application of the amount was not suspended in 
connection with a review, a person to be entitled to a 
repayment of the amount that they paid after applying for 
the review;  
(iii)  where the application of the amount was suspended in 
connection with a review, a person to be liable for the 
amount that they would have been liable to pay if the review 
had not taken place. "; 
(b) in sub -paragraph (6) — 
(i) omit the "and" at the end of paragraph (a);  
(ii) after that paragraph insert — 
"(aa) the TRA giving the Secretary of State options as part of a 
recommendation, "; 
(iii) for paragraph (b) substitute — 
"(b)  the Secretary of State 's powers in relation to such a 
recommendation, and  
(c)  the date from which any variation or revocation may have eff ect, 
which may be a date before the date of the recommendation by the 
TRA or decision by the Secretary of State. "; G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  (c) in sub -paragraph (7) — 
(i)  in the words before paragraph (a), for "accepts a recommendation " 
substitute  "decides "; 
(ii)  in paragraph (a), for "recommendation and of the acceptance of it " 
substitute  "decision "; 
(iii)  in paragraph (c), for "recommendation " substitute  "decision "; 
(d) in sub -paragraph (8), after "State " insert  ", or which the Secretary of State may decide 
to make other than in accordance with a recommendation, "; 
(e) in sub -paragraph (9) — 
(i)  for "the TRA may  recommend " substitute  "the Secretary of State may 
decide, whether or not in response to a recommendation of the TRA, "; 
(ii) for "the recommenda tion" substitute  "the decision "; 
(f) in sub -paragraph (10) for "recommendation " substitute  "decision ". 
(2) In paragraph 22 (variation or revocation following an international dispute decision) — 
(a)  in sub -paragraph (1)(b), for "the Secretary of State accepting or rejecting " 
substitute  "the Secretary of State 's powers in relation to "; 
(b) in sub -paragraph (2), at the end insert — 
"(d) make provision corresponding or similar to any provision made by or under 
this Schedule in relation to dumping or subsidisation investigations, 
including any of the powers or duties of the TRA or the Secretary of State in 
respect of those investigations and any recommendations or decisions 
resulting from them;  
(e) make provision conferring functions (including functions involving the 
exercise of a discretion) on the Secretary of State or the TRA. "; 
(c) in sub -paragraph (4) — 
(i) in the words before paragraph (a), for "accepts a recommendation " 
substitute  "decides "; 
(ii) in paragraph (a), for "recommendation and acceptance of it " 
substitute  "decision "; 
(iii) in paragraph (c), for "recommendation " substitute  "decision ". 
(3) In paragraph 26 (suspension of anti -dumping or anti -subsidy remedies) — 
(a) in sub -paragraph (1)(b), fo r "the Secretary of State accepting or rejecting " 
substitute  "the Secretary of State 's powers in relation to "; 
(b) in sub -paragraph (4), at the end insert — 
"(e) provision corresponding or similar to any provision made by or under this 
Schedule in relation to dumping or subsidisation investigations, including 
any of the powers or duties of the TRA or the Secretary of State in respect 
of those investigations and any recommendations or decisions resulting from 
them;  
(f) provision conferring functions (includin g functions involving the exercise of 
a discretion) on the Secretary of State or the TRA. "; 
(c) in sub -paragraph (6) — 
(i) in the words before paragraph (a), for "accepts a recommendation " 
substitute  "decides "; 
(ii) in paragraph (a), for "recommendation and of the acceptance of it " 
substitute  "decision "; 
(iii) in paragraph (c), for "recommendation " substitute  "decision ". G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  Revocation in the public interest  
6 After paragraph 22 insert — 
"Revocation in the public interest  
22A (1) The Secretary of State may decide to revoke the application of an anti -dumping 
amount or a countervailing amount to goods in the absence of a recommendation 
from the TRA where the Secretary of State considers that it is in the public interest 
to do so.  
(2) Before making a decision under sub -paragraph  (1) the Secretary of State must 
consult such persons as the Secretary of State considers appropriate.  
(3) Where the Secretary of State makes a decision under sub -paragraph (1), the 
Secretary of State — 
(a) must publish notice of the decision,  
(b) must notify interested parties (see paragraph 32(3)) accordingly,  
(c) must lay a statement before the House of Commons setting out the reasons 
for making the decision, and  
(d)  is required under section 13 to make pr ovision by public notice to give effect 
to the decision. " 
Power to request assistance etc  
7 After paragraph 22A (as inserted by paragraph  6) insert — 
"Power to request assistance etc  
22B (1) The Secretary of State may request that the TRA give advice, information or 
other support to the Secretary of State for the purpose of allowing the Secretary of 
State to decide whether to make a decision under any of the following — 
(a) paragraph 15(3B)  (decision to require a guarantee other than in 
accordanc e with a recommendation);  
(b)  paragraph  20A(2) (decision to apply a final remedy other than in 
accordance with a recommendation);  
(c) paragraph  22A(1) (decision to revoke a final rem edy in the absence 
of a recommendation).  
(2) The Secretary of State may include in a request under sub -paragraph  (1) a 
requirement that the TRA investigate and provide a report on any matter specified 
in the request.  
(3) Before making a request under sub -paragraph  (1), the Secretary of State must 
consult the TRA.  
(4) The TRA must comply with a request under sub -paragraph  (1)." 
 
Part 2 Safeguarding remedies  
 
Introduction  
8 Schedule 5 to TCTA 2018 (increase in imports causing serious injury to UK producers) is 
amended as follows.  
Notification etc  
9 (1) In paragraph 7 (initiation of a safeguarding investigation) — 
(a) after sub -paragraph (4) insert — 
"(4A) Where the TRA receives an application under sub -paragraph (1)(a)(i), the 
TRA must notify the Sec retary of State of the application before the end of the 
second working day after the day on which it receives the application "; G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  (b) in sub -paragraph (6), in the words before paragraph (a), after "must" insert  "notify the 
Secretary of State that it intends  to initiate a safeguarding investigation and, after the 
relevant interval, must take the following steps in the order in which they are set out "; 
(c) after sub -paragraph (6) insert — 
"(6A) In sub -paragraph (6), the "relevant interval " is the period of two working 
days beginning with the first working day after the day on which the TRA 
notifies the Secretary of State of its intention to initiate the safeguarding 
investigation. "; 
(d) after sub -paragraph (7) insert — 
"(8) In this paragraph, "working day " means any day other than a Saturday, a 
Sunday or a day that is a bank holiday under the Banking and Financial 
Dealings Act 1971 in any part of the United Kingdom. " 
(2) In paragraph 9 (provisional affirmative determinations and final affirmative or negative 
deter minations), in sub -paragraph (5), at the end insert  "(but see paragraph 10A for a 
requirement to give notice to the Secretary of State in certain cases) ". 
(3) In paragraph 10 (termination of a safeguarding investigation) — 
(a) in paragraph (b), at the end insert  "(and see paragraph 10A for a requirement to give 
notice to the Secretary of State before making the determination) "; 
(b) in paragraph (c), after "20(3)(a) " insert  "or the Secretary of State publishes notice of a 
decision under paragraph 19(2C) or 20(2C) "; 
(4) After paragraph 10 insert — 
"Requirement to give notice to the Secretary of State in certain cases  
10A (1) This paragraph applies where the TRA — 
(a) proposes to make a final negative determination, or  
(b) proposes to make a final affirmative determination in relation to goods 
and to determine that there is not a recommendation which it could make 
under paragraph 16(3) in relation to them.  
(2) The TRA must notify the Secretary of State of its proposed determination.  
(3) Where the Secretary of State has been notified in accordance with sub -paragraph 
(2), the Secretary of State may, within the relevant period (and subject to sub -
paragraph  (4)), request that the TRA reassess its proposed determination by 
reference to any matters s pecified in the request.  
(4) The Secretary of State may only make a request under sub -paragraph  (3) where 
the Secretary of State considers that — 
(a) there is information that the TRA did not take into account in its 
investigation that is relevant to the proposed determination,  
(b) the TRA has made an error in relation to its proposed determination, or  
(c) exceptional circumstances make the request appropriate.  
(5) The TRA must comply with a request under sub-paragraph  (3). 
(6) The TRA may not make its proposed determination until — 
(a) the relevant period has ended, or  
(b) if the Secretary of State informs the TRA within the relevant period that 
the Secretary of State will not make a request under  sub-parag raph (3), the 
time when the TRA receives that information.  
(7) For the purposes of this paragraph, the relevant period is the period of 21 days 
beginning with the day on which the TRA notifies the Secretary of State that it 
proposes to make the determinati on." G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
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  Provisional remedies  
10 (1) In paragraph 11 (TRA 's duty to recommend a provisional safeguarding amount or a 
provisional tariff rate quota) — 
(a) in sub -paragraph (5) omit paragraph (b) (and the "and" at the end of paragraph (a));  
(b) after sub -paragrap h (8) insert — 
"(8A) Where the TRA makes a recommendation under sub -paragraph (3), it must 
advise the Secretary of State whether and why it considers that applying a 
provisional safeguarding amount to relevant goods, or making relevant 
goods subject to a provisional tariff rate quota, in accordance with the 
recommendation, would meet the economic interest test (see 
paragraph  23)." 
(2) In paragraph 14 (Secretary of State 's power to apply a provisional safeguarding amount) — 
(a) in sub -paragraph (2), for paragraphs (a) and (b) (and the "—" before paragraph (a)) 
substitute  "it is not in the public interest to accept it. "; 
(b) after sub -paragraph (2) insert — 
"(2A) In considering that, the Secretary of State must have regard to t he TRA 's 
advice on whether applying a provisional safeguard amount to relevant 
goods in accordance with the recommendation would meet the economic 
interest test (see paragraph 23).  
(2B) Sub-paragraph (2C) applies if the recommendation is rejected.  
(2C) If the Secretary of State considers that it is in the public interest to do so, 
the Secretary of State may decide that — 
(a) a provisional safeguarding amount should be applied to all the 
relevant goods, or to specified relevant goods, other than in 
accordance  with the recommendation, or  
(b) all the relevant goods, or specified relevant goods, should be 
subject to a provisional tariff rate quota for a specified period.  
(2D) But the Secretary of State may make a decision under sub -paragraph (2C) 
only if a recomm endation under paragraph 11(3) to the same effect as the 
decision (ignoring any restrictions in paragraph 11 on the ability of the TRA 
to make such a recommendation) would have complied with the 
requirements set out in paragraph 12 or 13, as the case may b e. 
(2E) Where the Secretary of State makes a decision under sub -paragraph (2C), 
the Secretary of State — 
(a) must publish notice of the decision,  
(b) must notify interested parties (see paragraph 31(3)) 
accordingly,  
(c) must lay a statement before the House of Commons setting out 
the reasons for making the decision, and  
(d) is required under section 13 to make provision by public notice 
to give effect to the decision. "; 
(c) in sub -paragraph (3), after "rejected " insert  "and the Secretary of State does n ot make 
a decision under sub -paragraph (2C) ". 
(3) In paragraph 15 (Secretary of State 's power to subject goods to a provisional tariff rate 
quota) — 
(a) in sub -paragraph (2), for paragraphs (a) and (b) (and the "—" before paragraph (a)) 
substitute  "it is no t in the public interest to accept it "; 
(b) after sub -paragraph (2) insert — G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
- 14 - 
 
  "(2A) In considering that, the Secretary of State must have regard to the TRA 's 
advice on whether applying a provisional tariff rate quota to relevant goods 
in accordance with the recommendation would meet the economic interest 
test (see paragraph 23).  
(2B) Sub-paragraph (2C) applies if the recommendation is rejected.  
(2C) If the Secretary of State considers that it is in the public interest to do so, 
the Secretary of State may decide that — 
(a) all the relevant goods, or specified relevant goods, should be 
subject to a provisional tariff rate quota, other than in accordance 
with the recommendation, or  
(b) a provisional safeguarding amount should be applied for a 
specified period to all the relevant goods or, to specified relevant 
goods.  
(2D) But the Secretary of State may make a decision under sub -paragraph (2C) 
only if a recommendation under paragraph 11(3) to the same effect as the 
decision (ignoring any restrictions in paragrap h 11 on the ability of the TRA 
to make such a recommendation) would have complied with the 
requirements set out in paragraph 12 or 13, as the case may be.  
(2E) Where the Secretary of State makes a decision under sub -paragraph (2C), 
the Secretary of State — 
(a) must publish notice of the decision,  
(b) must notify interested parties (see paragraph 31(3)) 
accordingly,  
(c) must lay a statement before the House of Commons setting out 
the reasons for making the decision, and  
(d) is required under section 13 to make provision by public notice 
to give effect to the decision. "; 
(c) in sub -paragraph (3), after "rejected " insert  "and the Secretary of State does not make 
a decision under sub -paragraph (2C) ". 
Definitive remedies  
11 (1) In paragraph 16 (TRA 's duty to re commend a definitive safeguarding amount or tariff rate 
quota) — 
(a) omit sub -paragraph (5)(a) (and the "and" at the end of that sub -paragraph);  
(b) after sub -paragraph (10) insert — 
"(10A)  Where the TRA considers that there are two or more options which it could 
recommend under sub -paragraph (3)(a) or (b), in relation to relevant goods 
or descriptions of relevant goods, it may give the Secretary of State each of 
those options as part of its recommendation.  
(10B)  The Secretary of State may by regulations make  provision requiring the TRA, 
in specified circumstances, to consider whether it could give the Secretary 
of State two or more options as part of its recommendation under sub -
paragraph (3)(a) or (b) in relation to relevant goods or descriptions of 
relevant  goods.  
(10C)  Where, after considering whether it could give the Secretary of State two or 
more options as part of its recommendation in accordance with regulations 
under sub -paragraph  (10B) , the TRA considers that there is only one option 
which it could reasonably recommend under sub -paragraph (3)(a) or (b) in 
relation to relevant goods or descriptions of relevant goods, it must give the 
Secretary of State its reasons for reaching that conclusion.  
(10D)  Where the TRA gives the Secretary of State opt ions, it must — G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
- 15 - 
 
  (a) give the Secretary of State its reasons for including each option, 
and 
(b) inform the Secretary of State which option it prefers and why.  
(10E)  Where the TRA makes a recommendation under sub -paragraph (3) it must 
advise the Secretary of State whether and why it considers that applying a 
definitive safeguarding amount or making relevant goods subject to a quota 
in accordance with — 
(a) its recommendation, or  
(b) where the recommendation contains options given under sub -
paragrap h (10A), each option,  
would meet the economic interest test (see paragraph 23). " 
(2) In paragraph 17 (TRA 's recommendations about a definitive safeguarding amount) — 
(a) in sub -paragraph (8), at the end insert  "or, where the TRA 's recommendation contained 
options proposing different lengths, the length adopted by the Secretary of State "; 
(b) after sub -paragraph (10) insert — 
"(11) This paragraph has effect in relation to an option given by the TRA under 
paragraph 16(10A) as it has effect in relation to a reco mmendation by the 
TRA under paragraph 16(3)(a). " 
(3) In paragraph 18 (TRA 's recommendations regarding tariff rate quotas), after sub -paragraph 
(11) insert — 
"(11) This paragraph has effect in relation to an option given by the TRA under paragraph 
16(10A) as it has effect in relation to a recommendation by the TRA under paragraph 
16(3)(b). " 
(4) In the italic heading before paragraph 19 (Secretary of State 's power to apply a definitive 
safeguarding amount), for "power " substitute  "powers in relation to a recommendation ". 
(5) In paragraph 19 — 
(a) in sub -paragraph (1) — 
(i) the words from "decide " to the end become paragraph (a);  
(ii) at the end of that paragraph insert  ", or 
(b) request that the TRA reassess its recommendation, by reference to any 
matters specified in the request, with a view to amending or replacing the 
recommendation. "; 
(b) after sub -paragraph (1) insert — 
"(1A)Where the Secretary of State accepts a recommendation which contains 
options given in reliance on paragraph 16(10A), the S ecretary of State must decide 
which of those options to adopt. "; 
(c) in sub -paragraph (2), for paragraphs (a) and (b) (and the "—" before them) substitute  "it 
is not in the public interest to accept it "; 
(d) after sub -paragraph (2) insert — 
"(2A) In considering that, the Secretary of State must have regard to the TRA 's 
advice on whether applying a definitive safeguarding amount in accordance 
with the recommendation, or in accordance with each option, as the case 
may be, would meet the economic interes t test (see paragraph 23).  
(2B) Sub-paragraph  (2C) applies if the recommendation is rejected.  
(2C) If the Secretary of State considers that it is in the public interest to do so, 
the Secretary of State may decide that — G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
- 16 - 
 
  (a) a definitive safeguarding amount should be applied to all the 
relevant goods, or to specified relevant goods, other than in 
accordance with the recommendation, or  
(b) all the relevant goods, or specified relevant goods, should be 
subject to a tariff rate quota for a specified period.  
(2D) But the Secretary of State may make a decision under sub -
paragraph  (2C) only if a recommendation under paragraph 16 to the same 
effect as the decision (ignoring any restrictions in paragraph 16 on the ability 
of the TRA to make such a recommendation) woul d have complied with the 
requirements set out in paragraph 17 or 18, as the case may be.  
(2E) Where the Secretary of State makes a decision under sub -paragraph  (2C), 
the Secretary of State — 
(a) must publish notice of the decision,  
(b) must notify intereste d parties (see paragraph 31(3)) 
accordingly,  
(c) must lay a statement before the House of Commons setting out 
the reasons for making the decision, and  
(d) is required under section 13 to make provision by public notice 
to give effect to the decision. "; 
(e) in sub -paragraph (3), after "rejected " insert  "and the Secretary of State does not make 
a decision under sub -paragraph  (2C)"; 
(f) in sub -paragraph (4), in parag raph (a), after "recommendation " insert  ", including any 
particular option adopted by the Secretary of State, "; 
(g) after sub -paragraph (4) insert — 
"(4A) The Secretary of State may only make a request under sub -paragraph (1)(b) 
where the Secretary of State considers that — 
(a) there is information that the TRA did not take into account in its 
investigation that is relevant to the recommendation,  
(b) the TRA has made an error in relation to its recommendation, or  
(c) exceptional circumstances make the re quest appropriate.  
(4B) Before making a request under sub -paragraph (1)(b), the Secretary of State 
must consult the TRA.  
(4C) Where the Secretary of State makes a request under sub -paragraph (1)(b), 
the TRA must — 
(a) comply with the request, and  
(b) in rea ssessing its recommendation, have regard to any particular 
considerations which the Secretary of State may specify in the 
request. " 
(6) In the italic heading before paragraph 20 (Secretary of State 's power to subject goods to a 
tariff rate quota), for "power" substitute  "powers in relation to a recommendation ". 
(7) In paragraph 20 — 
(a) in sub -paragraph (1) — 
(i) the words from "decide " to the end become paragraph (a);  
(ii) at the end of that paragraph insert  ", or 
(b) request that the TRA reassess its recommendation with a view to 
amending or replacing the recommendation. "; 
(b) after sub -paragraph (1) insert — G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
- 17 - 
 
  "(1A) Where the Secretary of State accepts a recommendation which contains 
options given in reliance on paragraph 16(10A), the Secretary of State must 
decide which of those options to adopt. "; 
(c) in sub -paragraph (2), for paragraphs (a) and (b) (and the "—" before them) substitute  "it 
is not in the public interest to accept it "; 
(d) after sub -paragraph (2) insert — 
"(2A) In considering that, the Sec retary of State must have regard to the TRA 's 
advice on whether applying a tariff rate quota in accordance with the 
recommendation, or in accordance with each option, as the case may be, 
would meet the economic interest test (see paragraph 23).  
(2B) Sub-paragraph  (2C) applies if the recommendation is rejected.  
(2C) If the Secretary of State considers that it is in the public interest to do so, 
the Secretary of State may decide that — 
(a) all the relevant goods, or specified relevant goods, should be 
subject to a tariff rate quota, other than in accordance with the 
recommendation, or  
(b) a definitive safeguarding amount should be applied for a 
specified period to all the relevant goods, or to specified relevant 
goods.  
(2D) But the Secretary of State may make a  decision under sub -
paragraph  (2C) only if a recommendation under paragraph 16 to the same 
effect as the decision (ignoring any restrictions in paragraph 16 on the ability 
of the TRA to make such a recommendation) would have complied with the 
requirements set out in paragraph 17 or 18, as the case may be.  
(2E) Where the Secretary of State makes a decision under sub -paragraph  (2C), 
the Secretary of State — 
(a) must publish notice of the decision,  
(b) must notify interested parties (see paragraph 31(3)) 
accordingly,  
(c) must lay a statement before the House of Commons setting out 
the reasons for making the decision, and  
(d) is required under section 13 to make provision by public notice 
to give effect to the decision. "; 
(e) in sub -paragraph (3), after "rejected " insert  " and the Secretary of State does not make 
a decision under sub -paragraph  (2C)"; 
(f) in sub -paragraph (4), in paragraph (a), after "recommendation " insert  ", including any 
particular option adopted by the Secretary of State, "; 
(g) after su b-paragraph (4) insert — 
"(4A) The Secretary of State may only make a request under sub -paragraph (1)(b) 
where the Secretary of State considers that — 
(a) there is information that the TRA did not take into account in its 
investigation that is relevant to th e recommendation,  
(b) the TRA has made an error in relation to its recommendation, or  
(c) exceptional circumstances make the request appropriate.  
(4B) Before making a request under sub -paragraph (1)(b), the Secretary of State 
must consult the TRA.  
(4C) Where the Secretary of State makes a request under sub -paragraph (1)(b), 
the TRA must — 
(a) comply with the request, and  G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
- 18 - 
 
  (b) in reassessing its recommendation, have regard to any particular 
considerations which the Secretary of State may specify in the 
request. " 
Reviews etc  
12 (1) In paragraph 21 (reviews) — 
(a) in sub -paragraph (4), after paragraph (b) insert — 
"(ba) provision corresponding or similar to any provision made by or under this 
Schedule in relation to a safeguarding investigation, including any of the 
powers or duties of the TRA or the Secretary of State in respect of those 
investigations and any recommendations or decisions resulting from them;  
(bb) provision conferring functions (including functions involving the ex ercise of 
a discretion) on the Secretary of State or the TRA; "; 
(b) in sub -paragraph (6) — 
(i) omit the "and" at the end of paragraph (a);  
(ii) after that paragraph insert — 
"(aa) the TRA giving the Secretary of State options as part of a 
recommendation, and "; 
(iii) in paragraph (b), for "the Secretary of State accepting or rejecting " 
substitute  "the Secretary of State 's powers in relation to ". 
(c) in sub -paragraph (7) — 
(i) in the words before paragraph (a), for "accepts a recommendation " 
substitute  "decides "; 
(ii) in paragraph (a), for "recommendation and of the acceptance of it " 
substitute  "decision "; 
(iii) in paragraph (c), for "recommendation " substitute  "decision ". 
(d) in sub -paragraph (8), after "State " insert  ", or which the Secretary of State may decide 
to make other than in accordance with a recommendation, "; 
(e) in sub -paragraph (9), after "State " insert  ", or which the Secretary of State may decide 
to make other than in accordance with a recommendation, "; 
(f) in sub -paragr aph (10) — 
(i) in the words before paragraph (a), for "accepts a recommendation " 
substitute  "decides "; 
(ii) in paragraph (a), for "recommendation and of the acceptance of it " 
substitute  "decision "; 
(iii) in paragraph (c), for "recommendation " substitute  "decision ". 
(2) In paragraph 22 (variation or revocation following an international dispute decision) — 
(a) in sub -paragraph (1)(b), for "the Secretary of State accepting or rejecting " 
substitute  "the Secretary of State 's powers in relation to "; 
(b) in sub -paragraph (2), at the end insert — 
"(d) make provision corresponding or similar to any provision made by or under this 
Schedule in relation to safeguarding investigations, including any of the powers or 
duties of the TRA or the Secretary of State in respect of  those investigations and 
any recommendations or decisions resulting from them;  
(e) make provision conferring functions (including functions involving the exercise 
of a discretion) on the Secretary of State or the TRA. "; 
(c) in sub -paragraph (4) — G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
- 19 - 
 
  (i) in the words before paragraph (a), for "accepts a recommendation " 
substitute  "decides "; 
(ii) in paragraph (a), for "recommendation and of the acceptance of it " 
substitute  "decision "; 
(iii) in paragraph (c), for "recommendation " substitute  "decision ". 
(3) In paragraph 24 (suspension of safeguarding remedies) — 
(a) in sub -paragraph (1), in paragraph (b), for "the Secretary of State accepting or rejecting " 
substitute  "the Secretary of State 's powers in relation to "; 
(b) in sub -paragraph (4), at the end insert — 
"(e) provision corresponding or similar to any provision made by or under this 
Schedule in relation to a safeguarding investigation, including any of the powers or 
duties of the TRA or the Secretary of State in respect of those investigatio ns and 
any recommendations or decisions resulting from them;  
(f) provision conferring functions (including functions involving the exercise of a 
discretion) on the Secretary of State or the TRA. "; 
(c) in sub -paragraph (6) — 
(i) in the words before paragraph  (a), for "accepts a recommendation " 
substitute  "decides "; 
(ii) in paragraph (a), for "recommendation and of the acceptance of it " 
substitute  "decision "; 
(iii) in paragraph (c), for "recommendation " substitute  "decision ". 
Revocation in the public interest  
13 After paragraph 22 insert — 
"Revocation in the public interest  
22A (1) The Secretary of State may decide that the application of a definitive 
safeguarding amount to goods, or a tariff rate quota to which goods are subject, is 
to be revoked in the absence of a recommendation from the TRA where the Secretary 
of State considers that revocation is in the public interest.  
(2) Before making a decision under sub -paragraph  (1) the Secretary of State must 
consult such persons as the Secretary  of State considers appropriate.  
(3) Where the Secretary of State makes a decision under sub -paragraph (1), the 
Secretary of State — 
(a) must publish notice of the decision,  
(b) must notify interested parties (see paragraph 31(3)) accordingly,  
(c) must lay a statement before the House of Commons setting out the 
reasons for making the decision, and  
(d) is required under section 13 to make provision by public notice to give 
effect to the decision. " 
Power to request assistance etc  
14 After paragraph 22A (as  inserted by paragraph  13) insert — 
"Power to request assistance etc  
22B (1) The Secretary of State may request that the TRA give advice, information or 
other support to the Secretary of State for the purpose of allowing the Secretary of 
State to decide whe ther to make a decision under any of the following — 
(a) paragraphs 14(2C) and 15(2C) (decisions to adopt a provisional remedy 
other than in accordance with a recommendation);  G/ADP/N/1/GBR/1/Suppl.17 • G/SCM/N/1/GBR/1/Suppl.16 • G/SG/N/1/GBR/1/Suppl.15  
 
- 20 - 
 
  (b) paragraphs 19(2C) and 20(2C) (decisions to adopt a final remedy other 
than in  accordance with a recommendation);  
(c) paragraph 22A(1) (decision to revoke a final remedy in the absence of a 
recommendation).  
(2) The Secretary of State may include in a request under sub -paragraph  (1) a 
requirement that the TRA investigate and provide a report on any matter specified 
in the request.  
(3) Before making a request under sub -paragraph  (1), the Secretary of State must 
consult the TRA.  
(4) The TRA must comply with a request under sub -paragraph  (1)." 
 
Part 3 Consequential and related provision  
 
15 In section 13 of TCTA 2018 (dumping of goods, foreign subsidies and increases in imports) — 
(a) in subsection (2) — 
(i) for "accepts a recommendation by the TRA " substitute  "decides "; 
(ii) for "the recommendation " substitute  "the decision ". 
(b) in subsection (3) — 
(i) for "accepts a recommendation by the TRA " substitute  "decides "; 
(ii) for "the recommendation " substitute  "the decision ". 
(c) in subsection (4) — 
(i) for "accepts a recommendation by the TRA " substitute  "decides "; 
(ii) for "the recommendation " substitute  "the decision ". 
16 (1) The Treasury or the Secretary of State may by regulations made by statutory instrument 
make such provision as the Treasury or the Secretary of State, as the case may be,  considers 
appropriate in relation to trade remedies measures transitioned under Part 12 of the Trade 
Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 ( S.I. 2019/450 ), including 
provision — 
(a) in relation to exemptions that has effect from IP completion day (or any later day);  
(b) conferring functions (including functions involving the exercise of a discretion) on t he 
Secretary of State or the Trade Remedies Authority.  
(2) A statutory instrument containing regulations under sub -paragraph (1) is subject to 
annulment in pursuance of a resolution of the House of Commons.  
 
Part 4 Commencement  
 
17 (1) Any power to make regulations under or by virtue of this Schedule comes into force on the 
day on which this Act is passed.  
(2) The remaining provisions of this Schedule come into force on such day as the Secretary of 
State may by regulations appoint.  
(3) The Secretary of State may by regulations make transitional or saving provision in 
connection with the coming into force of any provision of this Schedule.  
(4) The power to make regulations under sub -paragraph  (3) includes power to make different 
provision for different  purposes.  
(5) Regulations under this paragraph are to be made by statutory instrument.  
 
__________