The Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019

Citation, commencement and effect

1.—(1) These Regulations may be cited as the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019 and come into force on 3rd June 2019.

(2) These Regulations (with the exception of this regulation) have effect subject to the modifications in Part 4 until the TRA is established.

(3) Following the establishment of the TRA, any determination or reconsidered decision made by the Secretary of State under Parts 2 and 3 of these Regulations as modified by Part 4, has effect as though it were a determination or reconsidered decision made by the TRA under the corresponding unmodified provision.

(4) Following the establishment of the TRA, anything done (or having effect as if done) by the Secretary of State in pursuance of a transitional function has effect as if done by the TRA, so far as that is required for continuing its effect.

(5) Following the establishment of the TRA, anything done (or having effect as if done) in relation to the Secretary of State in connection with a transitional function has effect as if done in relation to the TRA, so far as that is required for continuing its effect.

(6) If, on the establishment of the TRA, anything is in the process of being done by or in relation to the Secretary of State in connection with a transitional function, it may, following the establishment of the TRA, be continued by or in relation to the TRA.

(7) Paragraph (8) applies where—

(a) the TRA is established after the Secretary of State has made an original decision; and

(b) whether before or after the establishment of the TRA, an application for reconsideration of that decision is made to the Secretary of State.

(8) Where this paragraph applies, an application for reconsideration referred to in paragraph (7) is, after the establishment of the TRA, to be treated for all purposes as if it were made to the TRA.

(9) In this regulation, a “transitional function” is a function which—

(a) is conferred on the Secretary of State by Part 4 of these Regulations;

(b) corresponds to a function that will, following the establishment of the TRA, be exercisable by the TRA under Parts 1 to 3 of these Regulations; and

(c) following the establishment of the TRA, will not be exercisable by the Secretary of State.