G/ADP/N/1/GBR/1/Suppl.6  
G/SCM/N/1/GBR/1/Suppl.6  
G/SG/N/1/GBR/1/Suppl.6  
6 February  2020 
(20-0932) Page: 1/3 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
UNITED KINGDOM  
Supplement  
The following notification, dated 5 February 2020 , is being circulated at the request of the delegation 
of the United Kingdom.  
_______________  
STATUTORY INSTRUMENT S 
2018 NO. 511 (L. 7)  
TRIBUNALS AND INQUIR IES 
THE TRIBUNAL PROCEDU RE (AMENDMENT) RULES  2019 [ ARTICLES 1, 2 AND 6]  
Made  - - - - 9th May 2019  
Laid before Parliament  - - - - 13th May 2019  
Coming into force in accordance with article  1 
Citation and commencement  
1.—(1) These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2019.  
(2) These Rules come into force on the twenty -first day after the day on which they are laid.  
Amendment to the Tribunal Procedure (Upper Tribunal) Rules 2008  
 2.—(1) Subject to rule 6 (transitional provision), the Tribunal Procedure (Upper Tribunal) 
Rules 2008 (2) are amended as follows.   
 (2) In rule 1 (citation, commencement, application and interpretation), paragraph (3) —  
(a) in the definition of "interested party "— 
 (i) at the end of sub -paragr aph (b) omit "and"; G/ADP/N/1/GBR/1/Suppl.6 • G/SCM/N/1/GBR/1/Suppl.6 • G/SG/N/1/GBR/1/Suppl.6  
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   (ii) at the end of sub -paragraph (d) insert "and"; 
 (iii) after sub -paragraph (d) insert — 
  "(e) in a trade remedies case, any person other than the appellant who could have 
appealed to the Upper Tribunal and who has been added or substituted as an interested 
party under rule 9 (addition, substitution and removal of parties); "; 
… 
(c) after the definition of "special educational needs case ", insert — 
""TRA" means the Trade Remedies Authority;  
"trade remedies case " means an appeal pur suant to the Trade Remedies (Reconsideration and 
Appeals) (EU  Exit) Regulations 2019 (5) against a decision made by the TRA or a determination of 
the Secretar y of State; ".  
 (3) In rule 14 (use of documents and information), after paragraph (8), insert —  
  "(8A) In a trade remedies case, the Upper Tribunal may give a direction under 
paragraph (8) if the Upper Tribunal is satisfied that —  
(a) where such document s or information have been supplied to the TRA, the TRA is treating such 
documents or information as confidential in accordance with — 
 (i) regulation 45 of the Trade Remedies (Dumping and Subsidisation) (EU Exit) 
Regulations  2019(6); 
 (ii) regulation 16 of the Trade Remedies (Increase in Impor ts Causing Serious Injury 
to UK Producers) (EU Exit) Regulations 2019 (7); or  
 (iii) regulation 5 of the Trade Remedies (Reconsideration and Appeals) (EU Exit ) Regulations 
2019; or  
(b) where such documents or information have not been supplied to the TRA, if such documents or 
information were to be supplied to the TRA  in accordance with regulation 5 of the Trade Remedies 
(Reconsideration and Appeals) (EU Exit) Regulations 2019, the TRA would be entitled to treat such 
documents or information as confidential in accordance with that regulation,  
 and the Upper Tribunal is  not precluded from considering such documents or information 
in making its decision in the case. ".  
 (4) In rule 23 (notice of appeal) —  
(a) in paragraph (2)(b) — 
 (i) at the end of paragraph (i), omit "or"; 
 (ii) at the end of paragraph (ii), for the full  stop substitute ", or"; 
 (iii) after paragraph (ii), insert — 
 "(iii) in a trade remedies case — 
  (aa) where the appeal is against a decision made by the TRA and notice is required to 
be published in accordance with the Trade Remedies (Reconsideration and Appeals) (EU Exit) 
Regulations 2019, the date of such publication or (if later) when the notice comes into effect;  G/ADP/N/1/GBR/1/Suppl.6 • G/SCM/N/1/GBR/1/Suppl.6 • G/SG/N/1/GBR/1/Suppl.6  
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    (bb) where the appeal is against a decision made by the TRA and no notice is required 
to be published in accordance with the Trade Remedies  (Reconsideration and Appeals) (EU Exit) 
Regulations 2019, the date on which the appellant is notified of the decision, or  
  (cc) where the appeal is against a determination of the Secretary of State under the 
Taxation (Cross -border Trade) Act 2018( 8), the Trade Remedies (Dumping and Subsidisation) 
(EU Exit) Regulations 2019, the Trade Remedies (Increase in Imports Causing Serious Injury to UK 
Producers) (EU E xit) Regulations 2019 or the Trade Remedies (Reconsideration and Appeals) 
(EU Exit) Regulations 2019 (as the case may be), the date on which the notice is published in 
accordance with the relevant provision or (if later) when the notice comes into effect; "; 
Transitional provision  
 6.  Until the Trade Remedies Authority is established, the Tribunal Procedure (Upper Tribunal) 
Rules 2008 as amended by these Rules have effect as if —  
(a) in rule 1(3) (interpretation) — 
 (i) the definition of "TRA" were o mitted, and  
 (ii) in the definition of "trade remedies case ", for "a decision made by the TRA or a 
determination of the Secretary of State ", there were substituted "a decision of the Secretary of 
State "; 
(b) in rule 14(8A) (use of documents and interpretat ion), for "the TRA " (in each place where this 
occurs) there were substituted "the Secretary of State "; 
(c) in rule 23(2)(b)(iii) (notice of appeal) — 
 (i) sub -paragraph (aa) were omitted;  
 (ii) in sub -paragraph (bb), for "the TRA " there were substituted "the Secretary of State ", and 
 (iii) in sub -paragraph (cc), for "determination " there were substituted "decision ". 
 
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