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Taxation (Cross-border Trade) Act 2018

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Secretary of State’s power to apply a definitive safeguarding amount

19(1)If the TRA makes a recommendation under paragraph 16(3)(a) that a definitive safeguarding amount should be applicable to goods, the Secretary of State must decide whether to accept or reject the recommendation.

(2)The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that—

(a)the application of a definitive safeguarding amount to goods in accordance with the recommendation does not meet the economic interest test (see paragraph 23), or

(b)it is not otherwise in the public interest to accept the recommendation.

(3)If the recommendation is rejected, the Secretary of State must—

(a)publish notice of the TRA’s final affirmative determination in relation to the goods, of the recommendation and of the rejection of it,

(b)notify interested parties (see paragraph 31(3)) accordingly, and

(c)lay a statement before the House of Commons setting out the reasons for rejecting the recommendation.

(4)If the recommendation is accepted, the Secretary of State—

(a)must publish notice of the TRA’s final affirmative determination in relation to the goods, of the recommendation and of the acceptance of it,

(b)must notify interested parties accordingly, and

(c)is required under section 13 to make provision by public notice to give effect to the recommendation.

(5)See paragraphs 21 and 22 for variation or revocation of the application of a definitive safeguarding amount.

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