LegalizeReform history
Trade Act 2021
8 versions
· 2021-04-29
2024-01-01
Trade Act 2021
2023-02-07
Trade Act 2021
2022-04-28
Trade Act 2021
2022-03-31
Trade Act 2021
2021-06-30
Trade Act 2021
2021-06-01
Trade Act 2021
2021-05-06
Trade Act 2021
Changes on 2021-05-06
@@ -8,7 +8,7 @@
- (1) An appropriate authority may by regulations make such provision as the authority considers appropriate—
- (a) for the purpose of implementing the Agreement on Government Procurement signed at Marrakesh on 15 April 1994, as amended on or before the United Kingdom’s accession (“the GPA”), or
- (a) for the purpose of implementing the Agreement on Government Procurement signed at Marrakesh on 15 April 1994, as amended on or before the United Kingdom's accession (“the GPA”), or
- (b) in consequence of—
@@ -16,9 +16,9 @@
- (ii) a dispute between the United Kingdom and another party to the GPA,
- (iii) a modification of another party’s Appendix I to the GPA, or
- (iv) a modification of the list of central government entities in Annex 1 to the United Kingdom’s Appendix I to the GPA.
- (iii) a modification of another party's Appendix I to the GPA, or
- (iv) a modification of the list of central government entities in Annex 1 to the United Kingdom's Appendix I to the GPA.
- (2) Regulations under subsection (1) may not come into force before—
@@ -30,7 +30,7 @@
- (3) Regulations under subsection (1) may make provision modifying retained direct principal EU legislation.
- (4) In this section, a “dispute” means a matter in respect of which the United Kingdom or another party is entitled to have recourse to the Understanding on Rules and Procedures Governing the Settlement of Disputes under Article XX of the GPA.
- (4) In this section, a “*dispute*” means a matter in respect of which the United Kingdom or another party is entitled to have recourse to the Understanding on Rules and Procedures Governing the Settlement of Disputes under Article XX of the GPA.
#### Implementation of international trade agreements
@@ -38,21 +38,21 @@
- (1) An appropriate authority may by regulations make such provision as the authority considers appropriate for the purpose of implementing an international trade agreement to which the United Kingdom is a signatory.
- (2) An “international trade agreement” means—
- (2) An “*international trade agreement*” means—
- (a) a free trade agreement, or
- (b) an international agreement that mainly relates to trade, other than a free trade agreement.
- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/1/enacted) may make provision for the purpose of implementing a free trade agreement only if the other signatory (or each other signatory) and the European Union were signatories to a free trade agreement immediately before exit day.
- (4) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/1/enacted) may make provision for the purpose of implementing an international trade agreement other than a free trade agreement only if the other signatory (or each other signatory) and the European Union were signatories to an international trade agreement immediately before exit day.
- (5) If regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/1/enacted) contain provision about healthcare services, the provision must be consistent with maintaining UK publicly-funded clinical healthcare services.
- (6) If regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/1/enacted) contain provision in any of the areas listed in subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/7/enacted), the provision must be consistent with maintaining UK levels of statutory protection in that area.
- (7) The areas referred to in subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/6/enacted) are—
- (3) Regulations under subsection (1) may make provision for the purpose of implementing a free trade agreement only if the other signatory (or each other signatory) and the European Union were signatories to a free trade agreement immediately before exit day.
- (4) Regulations under subsection (1) may make provision for the purpose of implementing an international trade agreement other than a free trade agreement only if the other signatory (or each other signatory) and the European Union were signatories to an international trade agreement immediately before exit day.
- (5) If regulations under subsection (1) contain provision about healthcare services, the provision must be consistent with maintaining UK publicly-funded clinical healthcare services.
- (6) If regulations under subsection (1) contain provision in any of the areas listed in subsection (7), the provision must be consistent with maintaining UK levels of statutory protection in that area.
- (7) The areas referred to in subsection (6) are—
- (a) the protection of human, animal or plant life or health;
@@ -66,9 +66,9 @@
- (f) the protection of children and vulnerable adults online.
- (8) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/1/enacted) may not make provision that could be made by regulations under section 9 of the Taxation (Cross-border Trade) Act 2018.
- (9) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/1/enacted) may, among other things, make provision—
- (8) Regulations under subsection (1) may not make provision that could be made by regulations under section 9 of the Taxation (Cross-border Trade) Act 2018.
- (9) Regulations under subsection (1) may, among other things, make provision—
- (a) modifying retained direct principal EU legislation or primary legislation that is retained EU law;
@@ -78,25 +78,25 @@
- (d) for civil penalties for failing to comply with the regulations.
- (10) No regulations may be made under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/1/enacted) after the end of—
- (10) No regulations may be made under subsection (1) after the end of—
- (a) the period of five years beginning with IP completion day (“the initial five year period”), or
- (b) such other period or periods as are specified in regulations made by the Secretary of State in accordance with subsection [(11)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/11/enacted).
- (11) Regulations under subsection [(10)(b)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/10/b/enacted) may not extend the initial five year period, or a further period specified in regulations under that subsection, by more than five years.
- (b) such other period or periods as are specified in regulations made by the Secretary of State in accordance with subsection (11).
- (11) Regulations under subsection (10)(b) may not extend the initial five year period, or a further period specified in regulations under that subsection, by more than five years.
- (12) In this section—
- “UK publicly-funded clinical healthcare services” means publicly-funded clinical healthcare services provided in the United Kingdom, or in the part of the United Kingdom in which the regulations have effect, on the date on which a draft of the regulations is laid;
- “UK levels of statutory protection” means levels of protection provided by or under— primary legislation, subordinate legislation, or retained direct EU legislation, which has effect in the United Kingdom, or in the part of the United Kingdom in which the regulations have effect, on the date on which a draft of the regulations is laid.
- “*UK publicly-funded clinical healthcare services*” means publicly-funded clinical healthcare services provided in the United Kingdom, or in the part of the United Kingdom in which the regulations have effect, on the date on which a draft of the regulations is laid;
- “*UK levels of statutory protection*” means levels of protection provided by or under—primary legislation,subordinate legislation, orretained direct EU legislation,which has effect in the United Kingdom, or in the part of the United Kingdom in which the regulations have effect, on the date on which a draft of the regulations is laid.
#### Free trade agreements and genocide
##### 3
- (1) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/10/section/3/2/enacted) applies if the responsible committee of the House of Commons publishes a report which—
- (1) Subsection (2) applies if the responsible committee of the House of Commons publishes a report which—
- (a) states that there exist credible reports of genocide in the territory of a prospective FTA counter-party, and
@@ -104,15 +104,15 @@
- (2) If, after receiving a response from the Secretary of State, the committee publishes a report which—
- (a) includes a statement to the effect that the committee is not satisfied by the Secretary of State’s response, and
- (b) sets out the wording of a motion to be moved in the House of Commons in accordance with subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/10/section/3/3/enacted),
subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/10/section/3/3/enacted) applies.
- (3) A Minister of the Crown must make arrangements for the motion mentioned in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/10/section/3/2/b/enacted) to be debated and voted on by the House of Commons.
- (4) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/10/section/3/5/enacted) applies if the responsible committee of the House of Lords publishes a report which—
- (a) includes a statement to the effect that the committee is not satisfied by the Secretary of State's response, and
- (b) sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (3),
subsection (3) applies.
- (3) A Minister of the Crown must make arrangements for the motion mentioned in subsection (2)(b) to be debated and voted on by the House of Commons.
- (4) Subsection (5) applies if the responsible committee of the House of Lords publishes a report which—
- (a) states there exist credible reports of genocide in the territory of a prospective FTA counter-party, and
@@ -120,25 +120,25 @@
- (5) If, after receiving a response from the Secretary of State, the committee publishes a statement to the effect that—
- (a) it is not satisfied by the Secretary of State’s response, and
- (a) it is not satisfied by the Secretary of State's response, and
- (b) it seeks a debate on the report,
subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/10/section/3/6/enacted) applies.
- (6) A Minister of the Crown must make arrangements for a motion for the House of Lords to take note of the report and the Secretary of State’s response to be moved in that House by a Minister of the Crown.
subsection (6) applies.
- (6) A Minister of the Crown must make arrangements for a motion for the House of Lords to take note of the report and the Secretary of State's response to be moved in that House by a Minister of the Crown.
- (7) References in this section to genocide are references to genocide occurring, or continuing, after this section comes into force.
- (8) In this section—
- “genocide” has the same meaning as in the Convention on the Prevention and Punishment of the Crime of Genocide (see Article 2 of the Convention);
- “prospective FTA counter-party” means a state with which the United Kingdom is engaged in formal negotiations for a bilateral free trade agreement;
- “the responsible committee of the House of Commons” means the select committee of the House of Commons charged with responsibility for this section;
- “the responsible committee of the House of Lords” means the select committee of the House of Lords charged with responsibility for this section.
- “*genocide*” has the same meaning as in the Convention on the Prevention and Punishment of the Crime of Genocide (see Article 2 of the Convention);
- “*prospective FTA counter-party*” means a state with which the United Kingdom is engaged in formal negotiations for a bilateral free trade agreement;
- “*the responsible committee of the House of Commons*” means the select committee of the House of Commons charged with responsibility for this section;
- “*the responsible committee of the House of Lords*” means the select committee of the House of Lords charged with responsibility for this section.
#### Regulations: devolved authorities and general provision
@@ -166,21 +166,21 @@
- (1) In this Part—
- “appropriate authority” means— a Minister of the Crown, or a devolved authority;
- “devolved authority” means— the Scottish Ministers, the Welsh Ministers, or a Northern Ireland department;
- “free trade agreement” means an agreement that is or was notifiable under— paragraph 7(a) of Article XXIV of GATT, or paragraph 7(a) of Article V of GATS;
- “GATS” means the General Agreement on Trade in Services, part of Annex 1B to the WTO Agreement (as modified from time to time);
- “GATT” means the General Agreement on Tariffs and Trade, part of Annex 1A to the WTO Agreement (as modified from time to time);
- “primary legislation” means— an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of Senedd Cymru, or Northern Ireland legislation;
- “subordinate legislation” has the meaning given in section 20(1) of the European Union (Withdrawal) Act 2018;
- “the WTO Agreement” means the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994.
- “*appropriate authority*” means—a Minister of the Crown, ora devolved authority;
- “*devolved authority*” means—the Scottish Ministers,the Welsh Ministers, ora Northern Ireland department;
- “*free trade agreement*” means an agreement that is or was notifiable under—paragraph 7(a) of Article XXIV of GATT, orparagraph 7(a) of Article V of GATS;
- “*GATS*” means the General Agreement on Trade in Services, part of Annex 1B to the WTO Agreement (as modified from time to time);
- “*GATT*” means the General Agreement on Tariffs and Trade, part of Annex 1A to the WTO Agreement (as modified from time to time);
- “*primary legislation*” means—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of Senedd Cymru, orNorthern Ireland legislation;
- “*subordinate legislation*” has the meaning given in section 20(1) of the European Union (Withdrawal) Act 2018;
- “*the WTO Agreement*” means the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994.
- (2) In this Part a reference to being a signatory to an international trade agreement includes a reference to—
@@ -200,7 +200,7 @@
- (4) References in this Part to anything which is retained EU law by virtue of section 4 of the European Union (Withdrawal) Act 2018 include references to any modifications, made by or under that Act or by other domestic law from time to time, of the rights, powers, liabilities, obligations, restrictions, remedies or procedures concerned.
- (5) In this section, “domestic law” means the law of England and Wales, Scotland or Northern Ireland.
- (5) In this section, “*domestic law*” means the law of England and Wales, Scotland or Northern Ireland.
## PART 2 — The Trade Remedies Authority
@@ -256,7 +256,7 @@
- (1) The Secretary of State may appoint members to a committee to be known as the Trade and Agriculture Commission (the “TAC”).
- (2) The TAC’s purpose is to provide advice under section 42 of the Agriculture Act 2020 (reports relating to free trade agreements).
- (2) The TAC's purpose is to provide advice under section 42 of the Agriculture Act 2020 (reports relating to free trade agreements).
- (3) When appointing members to the TAC, the Secretary of State must have regard to the desirability of appointing members who, between them, have expertise in—
@@ -268,7 +268,7 @@
- (d) international trade law and policy.
- (4) In subsection [(3)(c)](https://www.legislation.gov.uk/ukpga/2021/10/section/8/3/c/enacted), “agricultural products” has the meaning given in section 42 of the Agriculture Act 2020.
- (4) In subsection (3)(c), “*agricultural products*” has the meaning given in section 42 of the Agriculture Act 2020.
#### Trade and Agriculture Commission: advisory functions
@@ -285,11 +285,11 @@
- (3) In subsection (5)—
- (a) after “report” insert “or advice received in response to a request under subsection (4A)”;
- (a) after “report” insert “ or advice received in response to a request under subsection (4A) ”;
- (b) omit “of it”;
- (c) in paragraph (d) after “report” insert “or advice”.
- (c) in paragraph (d) after “report” insert “ or advice ”.
- (4) After subsection (6), insert—
@@ -315,11 +315,11 @@
- (1) The Secretary of State may by regulations made by statutory instrument repeal sections 8 to 10.
- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/11/1/enacted) may make incidental, supplementary, consequential, transitional, transitory or saving provision, and such provision may modify an Act of Parliament.
- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/11/1/enacted) may not come into force before regulations under section 42(6B) (as inserted by section 9) of the Agriculture Act 2020.
- (4) A statutory instrument containing regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/11/1/enacted) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
- (2) Regulations under subsection (1) may make incidental, supplementary, consequential, transitional, transitory or saving provision, and such provision may modify an Act of Parliament.
- (3) Regulations under subsection (1) may not come into force before regulations under section 42(6B) (as inserted by section 9) of the Agriculture Act 2020.
- (4) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
## PART 4 — Trade information
@@ -327,31 +327,31 @@
##### 12
- (1) Her Majesty’s Revenue and Customs may request any person to provide information for the purpose of assisting the Secretary of State to establish the number and identity of persons exporting goods and services from the United Kingdom in the course of a trade, business or profession.
- (2) For the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/12/1/enacted) goods or services are exported from the United Kingdom if they are supplied to a person who is outside the United Kingdom.
- (1) Her Majesty's Revenue and Customs may request any person to provide information for the purpose of assisting the Secretary of State to establish the number and identity of persons exporting goods and services from the United Kingdom in the course of a trade, business or profession.
- (2) For the purposes of subsection (1) goods or services are exported from the United Kingdom if they are supplied to a person who is outside the United Kingdom.
- (3) The Treasury may by regulations made by statutory instrument make provision about—
- (a) the types of information that may be requested under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/12/1/enacted), and
- (a) the types of information that may be requested under subsection (1), and
- (b) how the request is to be made.
- (4) Regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/10/section/12/3/enacted) may, among other things, modify an Act of Parliament.
- (5) A statutory instrument containing (whether alone or with other provision) regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/10/section/12/3/enacted) that amend or repeal an Act of Parliament may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
- (6) Any other statutory instrument containing regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/10/section/12/3/enacted) is subject to annulment in pursuance of a resolution of either House of Parliament.
- (4) Regulations under subsection (3) may, among other things, modify an Act of Parliament.
- (5) A statutory instrument containing (whether alone or with other provision) regulations under subsection (3) that amend or repeal an Act of Parliament may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
- (6) Any other statutory instrument containing regulations under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.
#### Disclosure of information by HMRC
##### 13
- (1) Her Majesty’s Revenue and Customs (or anyone acting on their behalf) may disclose information for the purpose of—
- (a) facilitating the exercise by a Minister of the Crown of the Minister’s functions relating to trade,
- (b) facilitating the exercise by a devolved authority of the authority’s functions relating to trade, or
- (1) Her Majesty's Revenue and Customs (or anyone acting on their behalf) may disclose information for the purpose of—
- (a) facilitating the exercise by a Minister of the Crown of the Minister's functions relating to trade,
- (b) facilitating the exercise by a devolved authority of the authority's functions relating to trade, or
- (c) facilitating the exercise by an international organisation or authority, or by any other body, of its public functions relating to trade.
@@ -365,13 +365,13 @@
- (3) A person who receives information as a result of this section may not—
- (a) use the information for a purpose other than one mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/10/section/13/1/enacted), or
- (a) use the information for a purpose other than one mentioned in subsection (1), or
- (b) further disclose the information,
except with the consent of the Commissioners for Her Majesty’s Revenue and Customs (which may be general or specific).
- (4) If a person discloses information in contravention of subsection [(3)(b)](https://www.legislation.gov.uk/ukpga/2021/10/section/13/3/b/enacted) which relates to a person whose identity—
except with the consent of the Commissioners for Her Majesty's Revenue and Customs (which may be general or specific).
- (4) If a person discloses information in contravention of subsection (3)(b) which relates to a person whose identity—
- (a) is specified in the disclosure, or
@@ -387,13 +387,13 @@
- (b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 (save that the powers conferred by this section are to be taken into account when determining whether a disclosure is prohibited by those provisions).
- (7) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- (7) In this section “*the data protection legislation*” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
#### Disclosure of information by other authorities
##### 14
- (1) A public authority specified in subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/10/section/14/3/enacted) may disclose information for the purpose of facilitating the exercise by a Minister of the Crown of the Minister’s functions relating to trade.
- (1) A public authority specified in subsection (3) may disclose information for the purpose of facilitating the exercise by a Minister of the Crown of the Minister's functions relating to trade.
- (2) Those functions include, among other things, functions relating to—
@@ -413,7 +413,7 @@
- (d) a port health authority constituted under section 2 of the Public Health (Control of Disease) Act 1984.
- (4) A person who receives information as a result of this section may only use the information for the purpose of facilitating the exercise by a public authority of the authority’s functions relating to trade (which include, among other things, functions of a kind referred to in subsection (2)).
- (4) A person who receives information as a result of this section may only use the information for the purpose of facilitating the exercise by a public authority of the authority's functions relating to trade (which include, among other things, functions of a kind referred to in subsection (2)).
- (5) A person who receives information as a result of this section may further disclose the information, but only with the consent of the public authority that disclosed the information under subsection (1) (which may be general or specific).
@@ -431,15 +431,15 @@
- (b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 (save that the powers conferred by this section are to be taken into account when determining whether a disclosure is prohibited by those provisions).
- (9) A Minister of the Crown may by regulations made by statutory instrument amend this section for the purpose of specifying a public authority in, or removing a public authority from, subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/10/section/14/3/enacted).
- (10) A statutory instrument containing regulations under subsection [(9)](https://www.legislation.gov.uk/ukpga/2021/10/section/14/9/enacted) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
- (9) A Minister of the Crown may by regulations made by statutory instrument amend this section for the purpose of specifying a public authority in, or removing a public authority from, subsection (3).
- (10) A statutory instrument containing regulations under subsection (9) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
- (11) In this section—
- “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- “public authority” means an authority exercising functions of a public nature.
- “*the data protection legislation*” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- “*public authority*” means an authority exercising functions of a public nature.
#### Offence relating to disclosure under section 14
@@ -477,7 +477,7 @@
- (iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
- (5) In relation to an offence committed before the commencement of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020, the reference in subsection [(4)(b)(i)](https://www.legislation.gov.uk/ukpga/2021/10/section/15/4/b/i/enacted) to 12 months is to be read as a reference to 6 months.
- (5) In relation to an offence committed before the commencement of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020, the reference in subsection (4)(b)(i) to 12 months is to be read as a reference to 6 months.
## PART 5 — General
@@ -487,17 +487,17 @@
In this Act—
- “devolved authority” has the meaning given in section 5(1);
- “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
- “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly).
- “*devolved authority*” has the meaning given in section 5(1);
- “*Minister of the Crown*” has the same meaning as in the Ministers of the Crown Act 1975;
- “*modify*” includes amend, repeal or revoke (and related expressions are to be read accordingly).
#### Extent
##### 17
- (1) Subject to subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/10/section/17/2/enacted), this Act extends to England and Wales, Scotland and Northern Ireland.
- (1) Subject to subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland.
- (2) Any provision of this Act which amends an enactment has the same extent as the enactment amended.
@@ -509,9 +509,9 @@
- (2) The remaining provisions of this Act come into force on such day as a Minister of the Crown may by regulations made by statutory instrument appoint; and different days may be appointed for different purposes.
- (3) The power of a Minister of the Crown to appoint a day under subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/10/section/18/2/enacted) includes a power to appoint a time on a day if the Minister considers it appropriate to do so (including a time that has effect by reference to the coming into force of any other enactment).
- (4) Regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/10/section/18/2/enacted) may make transitional, transitory or saving provision.
- (3) The power of a Minister of the Crown to appoint a day under subsection (2) includes a power to appoint a time on a day if the Minister considers it appropriate to do so (including a time that has effect by reference to the coming into force of any other enactment).
- (4) Regulations under subsection (2) may make transitional, transitory or saving provision.
#### Short title
@@ -537,7 +537,7 @@
- (2) No regulations may be made by a devolved authority acting alone under section 2(1) so far as the regulations make provision about any quota arrangements or are incompatible with any such arrangements, unless the regulations are, to that extent, made after consulting with a Minister of the Crown.
- (3) In sub-paragraph (2) “quota arrangements” means any arrangements for, or in connection with, the division of responsibility within the United Kingdom or an area including the United Kingdom for—
- (3) In sub-paragraph (2) “*quota arrangements*” means any arrangements for, or in connection with, the division of responsibility within the United Kingdom or an area including the United Kingdom for—
- (a) an international obligation, or
@@ -681,7 +681,7 @@
##### 9
In this Schedule, a “Northern Ireland devolved authority” means the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department.
In this Schedule, a “*Northern Ireland devolved authority*” means the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department.
## SCHEDULE 2
@@ -695,9 +695,9 @@
- (b) so far as exercisable by the Welsh Ministers acting alone, is exercisable by statutory instrument, and
- (c) so far as exercisable by a Northern Ireland department acting alone, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ([SI 1979/1573 (NI 12)](https://www.legislation.gov.uk/nisi/1979/1573)) (and not by statutory instrument).
- (2) For regulations made under Part 1 of this Act by the Scottish Ministers acting alone, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act [2010 (asp 10)](https://www.legislation.gov.uk/asp/2010/10) (Scottish statutory instruments).
- (c) so far as exercisable by a Northern Ireland department acting alone, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)) (and not by statutory instrument).
- (2) For regulations made under Part 1 of this Act by the Scottish Ministers acting alone, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
## PART 2 — Scrutiny of regulations under section 1(1)
@@ -725,7 +725,7 @@
- (4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.
- (5) Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act [2010 (asp 10)](https://www.legislation.gov.uk/asp/2010/10) (negative procedure etc.) apply in relation to regulations to which sub-paragraph (4) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
- (5) Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (negative procedure etc.) apply in relation to regulations to which sub-paragraph (4) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
- (6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).
@@ -741,7 +741,7 @@
nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.
- (10) In sub-paragraph (9) “relevant devolved legislature” means—
- (10) In sub-paragraph (9) “*relevant devolved legislature*” means—
- (a) in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,
@@ -751,9 +751,9 @@
- (11) Sub-paragraph (9) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.
- (12) Sub-paragraphs (9) to [(11)](https://www.legislation.gov.uk/ukpga/2021/10/schedule/2/paragraph/3/11/enacted) apply in place of provision made by any other enactment about the effect of such a resolution.
- (13) In this paragraph, “enactment” includes an enactment contained in, or in an instrument made under—
- (12) Sub-paragraphs (9) to (11) apply in place of provision made by any other enactment about the effect of such a resolution.
- (13) In this paragraph, “*enactment*” includes an enactment contained in, or in an instrument made under—
- (a) an Act of the Scottish Parliament,
@@ -769,7 +769,7 @@
- (1) A statutory instrument containing regulations of a Minister of the Crown acting alone under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
- (2) Regulations of the Scottish Ministers acting alone under section 2(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act [2010 (asp 10)](https://www.legislation.gov.uk/asp/2010/10)).
- (2) Regulations of the Scottish Ministers acting alone under section 2(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
- (3) A statutory instrument containing regulations of the Welsh Ministers acting alone under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
@@ -799,7 +799,7 @@
##### 6
A statutory instrument containing regulations of the Secretary of State under section 2[(10)(b)](https://www.legislation.gov.uk/ukpga/2021/10/section/2/10/b/enacted) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing regulations of the Secretary of State under section 2(10)(b) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
## SCHEDULE 3
@@ -848,7 +848,7 @@
- (b) as enjoying any status, immunity or privilege of the Crown.
- (2) The TRA’s property is not to be regarded—
- (2) The TRA's property is not to be regarded—
- (a) as the property of the Crown, or
@@ -878,25 +878,25 @@
##### 3
A person holds and vacates office as a member of the TRA in accordance with the terms and conditions of the person’s appointment.
A person holds and vacates office as a member of the TRA in accordance with the terms and conditions of the person's appointment.
##### 4
The terms and conditions of a person’s appointment as a non-executive member of the TRA are to be determined by the Secretary of State; but that is subject to the following provisions of this Schedule.
The terms and conditions of a person's appointment as a non-executive member of the TRA are to be determined by the Secretary of State; but that is subject to the following provisions of this Schedule.
##### 5
The terms and conditions of a person’s appointment as an executive member of the TRA are to be determined by the Chair with the approval of the Secretary of State; but that is subject to the following provisions of this Schedule.
The terms and conditions of a person's appointment as an executive member of the TRA are to be determined by the Chair with the approval of the Secretary of State; but that is subject to the following provisions of this Schedule.
##### 6
The terms and conditions of a person’s appointment may cover, among other things—
The terms and conditions of a person's appointment may cover, among other things—
- (a) the period for which the person is to hold office;
- (b) the person’s eligibility for re-appointment;
- (c) circumstances in which a person’s membership may be suspended.
- (b) the person's eligibility for re-appointment;
- (c) circumstances in which a person's membership may be suspended.
##### 7
@@ -944,11 +944,11 @@
##### 17
Paragraphs [18](https://www.legislation.gov.uk/ukpga/2021/10/schedule/4/paragraph/18/enacted) to [23](https://www.legislation.gov.uk/ukpga/2021/10/schedule/4/paragraph/23/enacted) apply in respect of a person who is appointed as chief executive by the Secretary of State under paragraph 2(1)(c).
Paragraphs 18 to 23 apply in respect of a person who is appointed as chief executive by the Secretary of State under paragraph 2(1)(c).
##### 18
The terms and conditions of a person’s appointment as chief executive are to be determined by the Secretary of State; but that is subject to the other provisions of this Schedule.
The terms and conditions of a person's appointment as chief executive are to be determined by the Secretary of State; but that is subject to the other provisions of this Schedule.
##### 19
@@ -998,13 +998,11 @@
- (4) The TRA may pay, or make provision for paying, to or in respect of any person who is or has been an employee of the TRA, such sums as the TRA may determine in respect of pension, allowances, expenses or gratuities.
- (5) In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), in the list of “Other Bodies”, at the appropriate place insert—
> - Trade Remedies Authority.
- (6) The TRA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2021/10/schedule/4/paragraph/24/5/enacted) in the sums payable out of money provided by Parliament under the 1972 Act.
- (7) Sub-paragraphs [(1)](https://www.legislation.gov.uk/ukpga/2021/10/schedule/4/paragraph/24/1/enacted) to [(4)](https://www.legislation.gov.uk/ukpga/2021/10/schedule/4/paragraph/24/4/enacted) apply in respect of employees that are not executive members of the TRA.
- (5) In the Superannuation Act 1972 (“*the 1972 Act*”), in Schedule 1 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), in the list of “Other Bodies”, at the appropriate place insert— “ Trade Remedies Authority. ”
- (6) The TRA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the 1972 Act.
- (7) Sub-paragraphs (1) to (4) apply in respect of employees that are not executive members of the TRA.
#### Committees
@@ -1012,7 +1010,7 @@
- (1) The TRA may establish committees, and any committee so established may establish sub-committees.
- (2) A committee or sub-committee so established is referred to in this Schedule as a “TRA committee”.
- (2) A committee or sub-committee so established is referred to in this Schedule as a “*TRA committee*”.
- (3) A TRA committee may consist of or include persons who are neither members, nor employees, of the TRA.
@@ -1026,7 +1024,7 @@
- (a) the structure of the TRA committees, and
- (b) the scope of each committee’s activities.
- (b) the scope of each committee's activities.
#### Procedure
@@ -1054,7 +1052,7 @@
- (3) Otherwise, a function is delegated under this paragraph to the extent, and on the terms, that the TRA determines.
- (4) In this Schedule “trade remedies investigation” means an investigation by the TRA under provision made by or under Part 1 of the Taxation (Cross-border Trade) Act 2018.
- (4) In this Schedule “*trade remedies investigation*” means an investigation by the TRA under provision made by or under Part 1 of the Taxation (Cross-border Trade) Act 2018.
#### Funding
@@ -1092,7 +1090,7 @@
- (6) The chief executive of the TRA is to be its accounting officer.
- (7) In this Schedule “financial year” means—
- (7) In this Schedule “*financial year*” means—
- (a) the period beginning with the date on which the TRA is established and ending with the second 31 March following that date, and
@@ -1116,13 +1114,13 @@
##### 32
- (1) The application of the TRA’s seal must be authenticated by the signature of—
- (1) The application of the TRA's seal must be authenticated by the signature of—
- (a) a member of the TRA, or
- (b) an employee of the TRA authorised for that purpose.
- (2) A document purporting to be duly executed under the TRA’s seal or signed on its behalf—
- (2) A document purporting to be duly executed under the TRA's seal or signed on its behalf—
- (a) is to be received in evidence, and
@@ -1168,49 +1166,37 @@
##### 35
In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert—
> - Trade Remedies Authority.
In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert— “ Trade Remedies Authority. ”
#### Investigation by the Parliamentary Commissioner
##### 36
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments subject to investigation), at the appropriate place insert—
> - Trade Remedies Authority.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments subject to investigation), at the appropriate place insert— “ Trade Remedies Authority. ”
#### House of Commons disqualification
##### 37
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which members are disqualified), at the appropriate place insert—
> - The Trade Remedies Authority.
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which members are disqualified), at the appropriate place insert— “ The Trade Remedies Authority. ”
#### Northern Ireland Assembly disqualification
##### 38
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which members are disqualified), at the appropriate place insert—
> - The Trade Remedies Authority.
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which members are disqualified), at the appropriate place insert— “ The Trade Remedies Authority. ”
#### Freedom of information
##### 39
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which this Act applies), at the appropriate place insert—
> - The Trade Remedies Authority.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which this Act applies), at the appropriate place insert— “ The Trade Remedies Authority. ”
#### Public sector equality duty
##### 40
In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of entries under the heading “Industry, Business, Finance etc”, at the appropriate place insert—
> - The Trade Remedies Authority.
In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of entries under the heading “Industry, Business, Finance etc”, at the appropriate place insert— “ The Trade Remedies Authority. ”
## SCHEDULE 5
@@ -1228,7 +1214,7 @@
- (b) for the transfer of rights and liabilities arising after the making of the scheme;
- (c) which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 ([S.I. 2006/246](https://www.legislation.gov.uk/uksi/2006/246));
- (c) which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);
- (d) creating rights, or imposing liabilities, in relation to rights or liabilities transferred;
@@ -1252,7 +1238,7 @@
- (a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and
- (b) the terms of the individual’s employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.
- (b) the terms of the individual's employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.
## SCHEDULE 6
2021-04-29
Trade Act 2021
original version
Text at this date