The Trade Remedies (Amendment) (EU Exit) Regulations 2020

PART 3 Amendment of the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019

Amendment of the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019

36.  This Part amends the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019(1).

Amendment of regulation 14 (outcome of reconsideration)

37.  In regulation 14—

(a) after paragraph (12), insert—

“(12A) Where, before replacement day, the Secretary of State accepts or rejects a recommendation made by the TRA following its reconsideration of an original decision referred to in paragraph 29 of Schedule 1 to these Regulations, the public notice referred to in paragraph (8)(b), (10)(b) or (12) takes effect on replacement day.”;

(b) after paragraph (13), insert—

“(14) In this regulation, “replacement day” means the day on which paragraph 1 of Schedule 7 to the Act comes into force in so far as relating to EU trade duties.”.

Amendment of regulation 16 (appeals to the Upper Tribunal in relation to a decision made by the TRA)

38.  In regulation 16(3), for “or 33”substitute “33 or 33C”.

Amendment of regulation 26 (modifications to regulation 14)

39.  In regulation 26—

(a) in paragraph (j), for “paragraphs 13 to 17, 19, 31 or 32”, substitute “paragraphs 13 to 17, 19, 31, 32, 33A or 33B”;

(b) after paragraph (j), insert—

“(ja) in paragraph (12A)—

(i) for “accepts or rejects”, there were substituted “decides to give effect, or not to give effect, to”;

(ii) for “its”, there were substituted “the”;”.

Amendment of regulation 30 (modifications to Schedule 1 of these Regulations)

40.  In regulation 30, omit paragraph (g).

Amendment of Schedule 1 (original decisions of the TRA)

41.  In Schedule 1—

(a) after paragraph 27, insert—

“27A.   A determination in notice published under regulation 88F(2) or 88H(4) following an international dispute investigation.

27B.   A recommendation made under regulation 88G(2) or 88H(2) following an international dispute investigation.”;

(b) in paragraph 28, at the end, insert “or a determination made under regulation 89(9) that HMRC should not make a repayment”;

(c) after paragraph 33, insert—

“33A.   A determination made under regulation 35A(5)(a) following a discontinuation review.

33B.   A determination made under regulation 35B(7)(a) following a TRQ review.

33C.   A determination made under regulation 35B to reject a TRQ review application.”;

(d) after paragraph 38, insert—

“38A.   A determination in notice published under regulation 42F(2) or 42G(3) in an international dispute investigation.

38B.   A recommendation made under regulation 42G(2) or 42H(2) in an international dispute investigation.”.

Amendment of Schedule 2 (determinations of the Secretary of State that are subject to appeal)

42.  In Schedule 2—

(a) after paragraph 6, insert—

“6A.   The acceptance or rejection under regulation 88I of a recommendation made by the TRA in an international dispute investigation.”;

(b) after paragraph 11, insert—

“11A.   The acceptance or rejection under regulation 42I of a recommendation made by the TRA in an international dispute investigation.”.

(1)

S.I. 2019/910.