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Finance (No. 2) Act 2023

Type Public General Act

Publication 2023-07-11

Last updated 2025-05-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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(4) But a revocation of an election to which this paragraph applies may not be made that has effect for the first election period or any of the next 4 accounting periods.

(5) Where an election to which this paragraph applies has been revoked, no further election of the same type may be made that has effect for the first accounting period for which the revocation has effect or any of the next 4 accounting periods.

Annual elections

2

(1) This paragraph applies to an election under the following provisions of Part 3—

(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) section 186;

(b) section 163;

(d) section 189;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ea) section 199;

(f) section 205;

(fa) section 216;

(g) section 217 (8);

(h) section 221 (4);

(ha) section 229F;

(i) paragraph 2 (9) of Schedule 16;

(j) paragraph 3 of Schedule 16;

(k) paragraph 14 of Schedule 16;

(l) paragraph 1 of Schedule 16A.

(2) An election to which this paragraph applies—

(a) must specify the accounting period for which it is to have effect,

(b) must be made no later than the date by which the information return or overseas return notification in respect of that period is due, and

Schedule 16

Part 1 — General transitional measures

Transitional relief for substance-based income exclusion

1

(1) Section 195 (4) (payroll carve-out amount) has effect for an accounting period that commences in a year listed in following table as if for “5%” there were substituted the specified percentage for that year—

Year	Specified percentage
2023	10%
2024	9.8%
2025	9.6%
2026	9.4%
2027	9.2%
2028	9.0%
2029	8.2%
2030	7.4%
2031	6.6%
2032	5.8%

(2) Section 195 (5) (tangible asset carve-out amount) has effect for an accounting period that commences in a year listed in following table as if for “5%” there were substituted the specified percentage for that year—

Year	Specified percentage
2023	8%
2024	7.8%
2025	7.6%
2026	7.4%
2027	7.2%
2028	7.0%
2029	6.6%
2030	6.2%
2031	5.8%
2032	5.4%

Intra-group transfers before entry into regime

2

(1) Sub-paragraph (3) applies where—

(a) assets are transferred from one member of a multinational group to another member of that group,

(b) the Pillar Two rules do not apply to the transferor for the accounting period in which the transfer takes place (but in determining this, section 255(4) has effect as if sub-paragraph (ii) of paragraph (b) were omitted),

(ba) a qualifying domestic top-up tax does not apply in relation to the transferor for that period, and

(2) But sub-paragraph (3) does not apply in relation to a transfer of assets manufactured, or of a class or description sold, in the course of carrying on a trade by the transferor or the transferee.

(3) Where this sub-paragraph applies, for the purposes of Part 3 of this Act—

(a) the value of the assets at the relevant time is the carrying value of the assets in the hands of the transferor immediately before the transfer, and

(b) any deferred tax asset that would arise in relation to the assets in the underlying profits of the transferee is limited to the lesser of the cap amount and the sum of—

(i) the value of deferred tax assets that arose in relation to the assets before their transfer, and

(ii) the tax paid amount in relation to the transfer of assets.

(3A) For the purposes of determining the value of a deferred tax asset under sub-paragraph (3)(b)(i)—

(a) if the rate of tax in relation to that asset is greater than 15%, the value is to be adjusted so that it reflects the value it would be if the rate had been 15%, and

(b) exclude the impact of any valuation adjustments or accounting recognition adjustments.

(4) For the purposes of this paragraph “the relevant time” means the later of—

(a) the date of the transfer, and

(b) the commencement of the first accounting period in which the Pillar Two rules apply to the transferee.

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the relevant time is after the date of the transfer—

(a) the value of the assets at the relevant time is to be adjusted to reflect—

(i) capitalised expenditure incurred in respect of the assets in the period between the date of the transfer and the relevant time, and

(ii) amortisation and depreciation of the assets that, had the transfer not occurred, would have been recognised by the transferor if the transferor had continued to use the accounting policies and rates for amortisation and depreciation of the assets previously used, and

(b) the tax paid amount in relation to the transfer of the assets , and the value of deferred tax assets that arose in relation to the assets before their transfer, are to be adjusted to reflect the matters referred to in paragraph (a)(i) and (ii).

(6) To determine the “tax paid amount” in relation to a transfer of assets take the following steps—

Step 1Determine the amount of the tax expense of the transferor in relation to the transfer of the assets that relates to covered taxes.

Step 2Determine the amount, if any, of qualifying current tax expense relating to the transfer of the assets that would have been allocated to the transferor as a result of section 177 or 179 (permanent establishments and controlled foreign company regimes) if— the ultimate parent had been located in the United Kingdom and the accounting period commenced on or after 31 December 2023, and section 179 (2) (restriction of allocation of mobile income) were ignored.

Step 3Add together the amounts determined under Steps 1 and 2.

(7) In determining the tax expense of the transferor in relation to the transfer of the assets—

(a) where any loss arising in the accounting period in which the transfer took place is offset against any taxable gain arising on the transfer, ignore that offsetting, and

(b) exclude the impact of any valuation adjustments or accounting recognition adjustments.

(8) The “cap amount” in relation to a transfer of assets is the amount given by—

(a) dividing—

(i) the amount of tax expense determined under Step 1 in sub-paragraph (6), by

(ii) the nominal rate of tax to which that expense relates, and

(b) multiplying the result of paragraph (a) by 15%.

(9) Where the sum of the tax paid amount and the value of deferred tax assets that arose in relation to the assets before their transfer is greater than the cap amount ..., the filing member may elect that sub-paragraph (3) does not apply in relation to the transfer of assets.

(10) Paragraph 2 of Schedule 15 (annual elections) applies to an election under sub-paragraph (9).

(11) For the purposes of this paragraph,

(a) “a transfer of assets” includes a transaction that relates to assets that does not result in a change in their ownership if the transaction has a similar effect for accounting purposes to a change in ownership of those assets;

(b) a qualifying domestic top-up tax is not to be taken as applying to a member of a multinational group if provision for a QDMTT Safe Harbour (within the meaning of the Pillar Two rules) applies to it.

(12) Where assets are transferred from one member of a multinational group to another member of that group as a result of a series of transfers that—

(a) fall within sub-paragraph (1), but

(b) do not fall within sub-paragraph (2),

that series is to be treated as a single transfer of assets that falls within sub-paragraph (1).

(13) This paragraph applies to that single transfer as if—

(a) the reference to the transferor in sub-paragraph (3)(a) were to the transferor in relation to the first transfer in the series,

(b) the references in sub-paragraph (3)(b) to the cap amount, the value of deferred tax assets that arose in relation to the assets before their transfer and the tax paid amount were to the aggregate of each such amount or value as determined for the purpose of each transfer that makes up the series,

(c) the reference to the date of the transfer in sub-paragraph (4)(a) were to the date of the last transfer in the series, and

(d) the references to the transferee in sub-paragraph (4)(b) were to the transferee in relation to the last transfer in the series.

Part 2 — Transitional safe harbour

Chapter 1 — General transitional safe harbour election

Election

3

(1) The filing member of a multinational group may make a transitional safe harbour election under this paragraph for an accounting period in respect of a territory.

(1A) The effect of the election is that all of the standard members of the group located in the territory are to be treated as not having top-up amounts or additional top-up amounts for the purpose of determining the liability of any member of the group to multinational top-up tax.

(2) An election may only be made for an accounting period if—

(a) the period commences on or before 31 December 2026 and ends on or before 30 June 2028,

(b) a qualifying country-by-country report has been prepared in relation to the territory for the period,

(i) that commenced on or after 31 December 2023, and

(ii) in which the Pillar Two rules would, ignoring any transitional safe harbour election, have applied to any member of the group in the territory,

(d) an election under section 189 (deemed distribution tax election) has not been made in respect of the territory for the accounting period, and

(e) at least one of the following tests are met for the territory in accounting period—

(i) the threshold test (see paragraph 7),

(ii) the simplified effective tax rate test (see paragraph 8), or

(iii) the routine profits test (see paragraph 9).

(3) An election may not be made in respect of the territory of the ultimate parent of a multinational group for an accounting period if the ultimate parent is a flow-through entity unless, were the adjusted profits of the ultimate parent determined for that period in accordance with Part 3—

(a) its adjusted profits would be nil as a result of the application of section 170 (adjustments for ultimate parent that is a flow-through entity), or

(b) all of the ultimate parent’s adjusted profits would be attributable to one or more permanent establishments (see section 159) and no amount of income or expense of any permanent establishment would be treated, as a result of section 160 (attribution of losses between permanent establishment and main entity), as income or expense of the ultimate parent.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Paragraph 2 of Schedule 15 (annual elections) applies to an election under this paragraph.

(6) The information return in which the election is made must set out which of the tests referred to in sub-paragraph (2)(e) are being relied on and include evidence of how any that is relied on is met.

(7) For the purposes of this Part of this Schedule, a country-by-country report in relation to a territory is “qualifying” if all relevant information relating to the territory is prepared on the basis of qualified financial statements of the multinational group (see paragraph 4).

(7A) For the purposes of sub-paragraph (7), “all relevant information” means all of the information described in paragraphs (a) to (d) of paragraph 4(3).

(8) Where there is no requirement under the law of any territory for a country-by-country report to be prepared and filed in respect of a multinational group, the filling member may include, in the information return in which the election is made, the information that would have been in such a report—

(a) prepared in accordance with legislation implementing the OECD’s guidance on country-by-country reporting under the law of the territory of the ultimate parent, or

(b) where there is no such legislation, prepared in accordance with that guidance.

(9) Where such information has been included in that information return, that information is to be treated as if it were a country-by-country report in relation to the territory for the purposes of this Chapter (and where that information complies with sub-paragraph (7), the condition in sub-paragraph (2)(b) is to be treated as met).

(10) An election under this paragraph may not be made in respect of the nominal territory of a stateless member of a multinational group.

Qualified financial statements and basis of calculations

4

(1) For the purposes of this Part of this Schedule “qualified financial statements” of a multinational group means—

(a) the accounts used to prepare the consolidated financial statements of the ultimate parent provided the statements are prepared in accordance with acceptable accounting standards or an authorised accounting standard, or

(b) financial statements of members of the group provided—

(i) they are prepared in accordance with acceptable accounting standards or an authorised accounting standard, and

(ii) the information contained in those statements is reliable and is maintained in a manner that is consistent with its use under the accounting standard used in preparing those statements.

(1A) But see also paragraph 4A in cases where those accounts or statements reflect purchase price accounting adjustments.

(2) Where a member of a multinational group is not included in consolidated financial statements of any member of the group on a line-by-line basis solely due to size or materiality grounds, the financial accounts of that member that are used for preparation of the group’s country-by-country report are to be regarded as forming part of the qualified financial statements of the group.

(3) For the purposes of establishing whether the tests in paragraphs 7 to 9 are met in relation to members of a multinational group in a territory, the basis for that determination is to be the information derived from qualified financial statements as to—

(a) revenue,

(b) profit (loss) before income tax, ...

(d) qualified substance based income exclusion amount (see paragraph 9(2)).

(4) Information derived from qualified financial statements as to revenue or profit (loss) before income tax must be adjusted—

(a) as the information was adjusted for the purposes of its inclusion in a qualifying country-by-country report in relation to the territory, or

(b) if the information was not included in such a report, as it would have been adjusted had it been included in such a report.

See also paragraphs 6 to 6B which provides for circumstances in which further adjustments are required to profit (loss) before income tax and circumstances in which adjustments are required to qualifying income tax expense.

(5) The information described in sub-paragraph (3)(a) to (d) that must be used to determine whether the tests in paragraphs 7 to 9 are met in relation to members of a multinational group in a territory must be derived from whichever of the following was used to prepare the qualifying country-by-country report in relation to the territory—

(a) qualified financial statements falling within sub-paragraph (1)(a), along with any financial accounts treated as qualified financial statements as a result of sub-paragraph (2), or

(b) qualified financial statements falling within sub-paragraph (1)(b), along with any financial accounts treated as qualified financial statements as a result of sub-paragraph (2).

(6) Where that information in respect of a territory is not available in qualified financial statements of a multinational group, no election may be made in respect of that territory.

Qualifying income tax expense

5

(1) In this Part of this Schedule, “qualifying income tax expense” means income tax expense adjusted to exclude—

(a) any amount that does not relate to covered taxes, and

(b) any amount that relates to an uncertain tax position.

(2) For the purposes of this Part of this Schedule, any amount of qualifying income tax expense that is in respect of profits of a permanent establishment and that is incurred in the territory of the permanent establishment is to be regarded as the expense of that permanent establishment (rather than of the main entity).

Adjustments

6

(1) Sub-paragraph (2) applies where the adjusted profits of the ultimate parent of a multinational group for an accounting period would be reduced as a result of section 171 (1) (ultimate parent subject to deductible dividend regime).

(2) Where this sub-paragraph applies the profit (loss) before income tax of the ultimate parent for that period is to be reduced (but not below nil) by the amount referred to in section 171 (1).

(3) Sub-paragraph (4) applies where—

(a) the standard members of a multinational group in a territory have a net unrealised fair value loss for an accounting period, and

(b) that loss exceeds 50 million euros.

(4) Where this sub-paragraph applies, those losses are to be excluded from the aggregate profit (loss) before income tax of those members.

(5) For the purposes of sub-paragraph (3), the standard members of a multinational group in a territory have a net unrealised fair value loss for an accounting period to the extent their losses that arise from changes in fair value of relevant ownership interests exceed gains arising from changes in fair value of relevant ownership interests.

(6) An ownership interest in an entity is relevant unless, at the end of the accounting period, the members of the multinational group do not between them have ownership interests that entitle them to 10% or more of the entity’s —

(a) profits,

(b) capital,

(d) voting rights.

(7) Amounts of profits and qualifying tax expense allocated, for the purposes of Part 3, to a member of a multinational group from an investment entity as a result of an election under section 213 (investment entity tax transparency election) are to be reflected (to the extent they are not already) in the member’s profit (loss) before income tax and qualifying tax expense used for the purposes of applying the tests in paragraphs 7 to 9.

(8) Amounts that are to be included or otherwise taken account of, for the purposes of Part 3, in the adjusted profits and covered tax balance of a member of a multinational group as a result of an election under section 214 (taxable distribution method election) are to be reflected (to the extent they are not already) in the member’s profit (loss) before income tax and qualifying tax expense used for the purposes of applying the tests in paragraphs 7 to 9.

Threshold test

7

(1) The threshold test is met for a territory in an accounting period if—

(a) the revenue of the standard members in that territory for the period is less than 10 million euros, and

(b) the aggregate profit (loss) before income tax of those members for that period is less than 1 million euros.

(2) Where those members include members that are held for sale and the revenue of those members is not otherwise included in the amount determined for the purposes of sub-paragraph (1)(a), that revenue is to be so included.

Simplified effective tax rate test

8

(1) The simplified effective tax rate test is met for a territory in an accounting period if the simplified effective tax rate of the standard members of the group in that territory is—

(a) in the case of an accounting period beginning before 1 January 2025, at least 15%,

(b) in the case of an accounting period beginning in 2025, at least 16%, or

(2) The simplified effective tax rate of the standard members of a multinational group in a territory in an accounting period is the amount (expressed as a percentage) given by dividing—

(a) the aggregate qualifying income tax expense of those members for that period, by

(b) the aggregate profit (loss) before income tax of those members for that period.

Routine profits test

9

(1) The routine profits test is met for a territory in an accounting period if—

(a) the qualified substance based income exclusion amount for that territory for that period is equal to or greater than the aggregate profit (loss) before income tax for that period of the standard members of the group located in that territory, or

(b) the aggregate profit (loss) before income tax of those members for that period is nil or reflects an overall loss.

(2) The “qualified substance based income exclusion amount” for a territory for an accounting period is the substance based exclusion determined for the territory for the period in accordance with section 195 (and see also paragraph 1 of this Schedule) ignoring any payroll carve-out amount or tangible asset carve-out amount of any standard member of the group in that territory—

(a) that is not regarded as a constituent entity of the multinational group for the purposes of the group’s country-by-country report, or

(b) that is not regarded as located in the territory for the purposes of that report.

Chapter 2 — Application of Chapter 1 to joint ventures etc

Application in the case of joint venture group

10

(1) For the purpose of applying Chapter 1 of this Part of this Schedule to a joint venture group (see section 227 which applies this Schedule generally, with modifications, to joint venture groups) , that Chapter has effect as if—

(a) paragraph 3(2)(b) were omitted (requirement for qualifying country-by-country report),

(b) the reference in paragraph 4 (2) to “the financial accounts of that member that are used for preparation of the group’s country-by-country report” were to the financial accounts that would be used if a qualifying country-by-country report had been prepared in respect of the joint venture group, and

(2) For that purpose ignore section 227(1)(a) (reference to ultimate parent treated as reference to joint venture parent).

(3) Accordingly, the filing member of a multinational group may make a separate transitional safe harbour election in respect of joint venture members of a joint venture group in a territory.

Application to investment entities in same territory as owners

11

(1) Subsection (2) applies where—

(a) an investment entity that is a member of a multinational group, and

(b) all of the members of a multinational group with direct ownership interests in it,

are located in the same territory.

(2) The investment entity is to be treated as a standard member of that group for the purposes of this Part of this Schedule.

Minority owned members

12

For the purposes of this Part of this Schedule, references to the standard members of a multinational group include minority owned members.

Schedule 17

Schedule 18

Introduction

1

(1) The Commissioners for His Majesty’s Revenue and Customs are responsible for the collection and management of domestic top-up tax.

(2) This Schedule applies (with modifications) Schedule 14 (administration of multinational top-up tax) for the purposes of administering domestic top-up tax.

Meaning of “filing member”

2

Part 2 of Schedule 14 applies, save that—

(a) where a qualifying entity is not part of a group, Part 2 of Schedule 14 does not apply, and references to “filing member” in Schedule 14 apply as if they were references to the qualifying entity;

(b) where a qualifying entity is part of a group—

(i) references to a “multinational group” apply as if they were references to a group;

(ii) the reference in paragraph 2 (4)(a) of Schedule 14 to this Schedule applies as if it were a reference to Schedule 14.

Registration

3

Part 3 of Schedule 14 applies as if—

(a) for paragraph 6 (1) and (2) there were substituted—

(1) A filing member must register with HMRC if the filing member or, if the filing member is a member of a group, a member of that group— (a) is located in the United Kingdom and (b) is a qualifying entity. (2) For the purposes of sub-paragraph (1), a qualifying entity becomes a qualifying entity on the first day of the first accounting period it is a qualifying entity (the “trigger day”).

;

(b) references to a “multinational group” were references to a group.

Other administrative provisions

4

(1) Subject to paragraph 5, Parts 4 to 12 of Schedule 14 apply as if—

(a) references to “multinational top-up tax” were to domestic top-up tax;

(b) references to “domestic top-up tax” were to multinational top-up tax;

(d) where an entity registered under Part 3 of that Schedule (or which should have been registered) is not part of a group—

(i) references to a group or its members (however framed) were references to the entity or an entity (as the context requires);

(ii) references to “the filing member of a group” were references to the entity.

(2) In particular, the Treasury’s power to make regulations under paragraph 39 applies in relation to payments of domestic top-up tax.

5

(1) In Part 11 of Schedule 14 (penalties), only paragraphs 40 (b), (c) and (e), 42 to 44, and 46 to 50 apply.

(2) The reference in paragraph 38 of Schedule 14 (as applied by paragraph 4) to a penalty referred to in paragraph 40 of that Schedule applies as if, instead of referring to the penalties referred to in paragraph 40 (a), (b) and (d) of that Schedule, it referred to the penalties inserted by paragraph 6.

Amendments: penalties

6

(1) In paragraph 1 of Schedule 41 to FA 2008 (penalties for failure to notify etc), in the table after the entry relating to multinational top-up tax (as inserted by paragraph 41 of Schedule 14), insert—

Domestic top-up tax	Obligation of a filing member to register under paragraph 6 of Schedule 14 to F(No.2)A 2023, as applied by paragraph 3 of Schedule 18 to F(No.2)A 2023

(2) In paragraph 1 of Schedule 24 to FA 2007 (penalties for errors etc), in the table after the entry relating to multinational top-up tax (as inserted by paragraph 45of Schedule 14), insert—

Domestic top-up tax	Overseas return notification and information provided with it
Domestic top-up tax	Self-assessment return and information provided with it
Domestic top-up tax	Below-threshold notification and information provided with it

Other amendments

7

(1) In section 1(1) of the Provisional Collection of Taxes Act 1968 (temporary statutory effect of House of Commons resolutions affecting income tax etc) after “multinational top-up tax,” (as inserted by paragraph 68 (1) of Schedule 14) insert “domestic top-up tax,”.

(2) In section 178(2) of FA 1989 (setting of interest rates), after paragraph (x) (as inserted by paragraph 68 (2) of Schedule 14) insert—

(y) paragraphs 33 and 51 of Schedule 14 to the Finance (No.2) Act 2023, as applied in relation to domestic top-up tax by paragraph 4 of Schedule 18 to that Act.

(3) In paragraph 63(1) of Schedule 36 to FA 2008 (information and inspection powers), after paragraph (cd) (as inserted by paragraph 68 (3) of Schedule 14) insert—

(ce) domestic top-up tax;

(4) In section 206(3) of FA 2013, after paragraph (h) (as inserted by paragraph 68 (4) of Schedule 14) insert—

(i) domestic top-up tax.

Schedule 19

Part 1 — Dumping and subsidisation remedies

Introduction

1

Schedule 4 to TCTA 2018 (dumping of goods or foreign subsidies causing injury to UK industry) is amended as follows.

Notification etc

2

(1) In paragraph 9 (initiation of a dumping or subsidisation investigation)—

(a) after sub-paragraph (3) insert—

(3A) Where the TRA receives an application under sub-paragraph (1)(a)(i), the TRA must notify the Secretary of State of the application before the end of the second working day after the day on which it receives the application.

;

(b) in sub-paragraph (5), in the words before paragraph (a), after “must” insert “notify the Secretary of State that it intends to initiate a dumping investigation and, after the relevant interval, must take the following steps in the order in which they are set out”;

(i) in the words before paragraph (a), after “must” insert “notify the Secretary of State that it intends to initiate a subsidisation investigation and, after the relevant interval, must take the following steps in the order in which they are set out”;

(ii) after paragraph (a) insert—

(aa) invite the governments of the relevant foreign countries or territories to participate in consultations,

;

(iii) in paragraph (b) omit the words from “after” to “consultations,”;

(d) after sub-paragraph (6) insert—

(6A) In sub-paragraphs (5) and (6), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the investigation.

;

(e) after sub-paragraph (9) insert—

(10) In this paragraph, “working day” means any day other than a Saturday, a Sunday or a day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(2) In paragraph 10 (regulations about the conduct of a dumping or subsidisation investigation), in sub-paragraph (2)—

(a) in paragraph (i), at the end insert “or the Secretary of State”;

(b) at the end insert—

(k) the Secretary of State requiring the TRA to reassess a proposal to terminate an investigation.

(3) In paragraph 11 (provisional affirmative determinations and final affirmative or negative determinations), in sub-paragraph (5), at the end insert “(but see paragraph 12A for a requirement to give notice to the Secretary of State in certain cases)”.

(4) In paragraph 12 (termination of a dumping or a subsidisation investigation)—

(a) omit paragraph (b);

(b) in paragraph (c), after “20(4)(a)” insert “or the Secretary of State publishes notice of a decision under paragraph 20A (2)”.

(5) After paragraph 12 insert—

(12A) (1) This paragraph applies where the TRA proposes to make a final negative determination. (2) The TRA must notify the Secretary of State of its proposed determination. (3) Where the Secretary of State has been notified in accordance with sub-paragraph (2), the Secretary of State may, within the relevant period (and subject to sub-paragraph (4)), request that the TRA reassess its proposed determination by reference to any matters specified in the request. (4) The Secretary of State may only make a request under sub-paragraph (3) where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its investigation that is relevant to the proposed determination, (b) the TRA has made an error in relation to its proposed determination, or (c) exceptional circumstances make the request appropriate. (5) The TRA must comply with a request under sub-paragraph (3). (6) The TRA may not make its proposed determination until— (a) the relevant period has ended, or (b) if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under sub-paragraph (3), the time when the TRA receives that information. (7) For the purposes of this paragraph, the relevant period is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination.

Provisional remedies

3

(1) In paragraph 13 (TRA’s duty to recommend requiring guarantees)—

(a) in sub-paragraph (4) omit paragraph (b) (and the “and” at the end of paragraph (a));

(b) after sub-paragraph (8) insert—

(8A) Where the TRA makes a recommendation under sub-paragraph (3), it must advise the Secretary of State whether and why it considers that requiring importers to give a guarantee in accordance with the recommendation would meet the economic interest test (see paragraph 25).

(2) In paragraph 15 (Secretary of State’s power to require a guarantee)—

(a) in sub-paragraph (3), for the words from “accept” to the end substitute “have regard to the TRA’s advice on whether requiring a guarantee in accordance with the recommendation would meet the economic interest test (see paragraph 25).”;

(b) after sub-paragraph (3) insert—

(3A) Sub-paragraph (3B) applies if the recommendation is rejected. (3B) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that importers of relevant goods should be required to give a guarantee other than in accordance with the recommendation. (3C) But the Secretary of State may make a decision under sub-paragraph (3B) only if a recommendation under paragraph 13(3) to the same effect as the decision (ignoring any restrictions in paragraph 13 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 14. (3D) Where the Secretary of State makes a decision under sub-paragraph (3B), the Secretary of State— (a) must publish notice of the decision, (b) must notify interested parties (see paragraph 32(3)) accordingly, (c) must lay a statement before the House of Commons setting out the reasons for making the decision, and (d) is required under section 13 to make provision by public notice to give effect to the decision.

;

(c) in sub-paragraph (4), after “rejected” insert “and the Secretary of State does not make a decision under sub-paragraph (3B)“.

Definitive remedies

4

(1) In paragraph 17 (TRA’s duty to recommend an anti-dumping amount or countervailing amount)—

(a) in sub-paragraph (3), in the words before paragraph (a), for “may” substitute “must”;

(b) in sub-paragraph (4), in the words before paragraph (a), for “may” substitute “must”;

(d) in sub-paragraph (7)—

(i) omit “But”;

(ii) at the end insert “(but a recommendation may include two or more options in accordance with sub-paragraph (8A))”;

(e) after sub-paragraph (8) insert—

(8A) Where the TRA considers that there are two or more options which it could recommend under sub-paragraph (3) or (4), as the case may be, in relation to relevant goods or descriptions of relevant goods, it may give the Secretary of State each of those options as part of its recommendation. (8B) The Secretary of State may by regulations make provision requiring the TRA, in specified circumstances, to consider whether it could give the Secretary of State two or more options as part of its recommendation under sub-paragraph (3) or (4) in relation to relevant goods or descriptions of relevant goods. (8C) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with regulations under sub-paragraph (8B), the TRA considers that there is only one option which it could recommend under sub-paragraph (3) or (4), as the case maybe, in relation to relevant goods or descriptions of relevant goods, it must give the Secretary of State its reasons for reaching that conclusion. (8D) Where the TRA gives the Secretary of State options, it must— (a) give the Secretary of State its reasons for including each option, and (b) inform the Secretary of State which option it prefers and why. (8E) Where the TRA makes a recommendation under sub-paragraph (3) or (4) it must advise the Secretary of State whether and why it considers that applying an anti-dumping amount or a countervailing amount, as the case may be, in accordance with— (a) the recommendation, or (b) where the recommendation contains options given under sub-paragraph (8A), each option, would meet the economic interest test (see paragraph 25).

;

(f) omit sub-paragraph (9);

(g) omit sub-paragraph (10).

(2) In paragraph 18 (TRA’s recommendations about an anti-dumping amount or a countervailing amount), after sub-paragraph (8) insert—

(9) This paragraph has effect in relation to an option given by the TRA under paragraph 17(8A) as it has effect in relation to a recommendation by the TRA under paragraph 17(3) or (4).

(3) In paragraph 19 (regulations about TRA’s recommendations), after sub-paragraph (5) insert—

(6) Regulations under this paragraph may make any provision in relation to an option given by the TRA under paragraph 17(8A) that they may make in relation to a recommendation by the TRA under paragraph 17(3) or (4).

(4) In the italic heading before paragraph 20 (Secretary of State’s power to accept or reject a recommendation), for “power to accept or reject” substitute “powers in relation to”.

(5) In paragraph 20—

(a) in sub-paragraph (1)—

(i) the words from “decide” to the end become paragraph (a);

(ii) at the end of that paragraph insert

, or (b) request that the TRA reassess the recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.

;

(b) after sub-paragraph (1) insert—

(1A) Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 17(8A), the Secretary of State must decide which of those options to adopt.

;

(c) in sub-paragraph (3), for the words from “accept” to the end substitute “have regard to the TRA’s advice on whether the application of an anti-dumping amount or a countervailing amount to goods in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test (see paragraph 25)”;

(d) in sub-paragraph (4), after “rejected” insert “and the Secretary of State does not make a decision under paragraph 20A (2)”;

(e) in sub-paragraph (5), in paragraph (a), after “recommendation” insert “, including any particular option adopted by the Secretary of State,”;

(f) after sub-paragraph (5) insert—

(5A) The Secretary of State may only make a request under sub-paragraph (1)(b) where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its investigation that is relevant to the recommendation, (b) the TRA has made an error in relation to its recommendation, or (c) exceptional circumstances make the request appropriate. (5B) Before making a request under sub-paragraph (1)(b), the Secretary of State must consult the TRA. (5C) Where the Secretary of State makes a request under sub-paragraph (1)(b), the TRA must— (a) comply with the request, and (b) in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

(6) After paragraph 20 insert—

(20A) (1) This paragraph applies where the Secretary of State rejects a recommendation under paragraph 20. (2) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide to apply an anti-dumping amount or a countervailing amount in relation to relevant goods or descriptions of relevant goods to which the TRA’s recommendation related, other than in accordance with the recommendation. (3) But the Secretary of State may make a decision under sub-paragraph (2) only if a recommendation under paragraph 17(3) or (4) to the same effect as the decision (ignoring any restrictions in paragraph 17 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 18. (4) Where the Secretary of State makes a decision under sub-paragraph (2), the Secretary of State— (a) must publish notice of the decision, (b) must notify interested parties (see paragraph 32(3)) accordingly, (c) must lay a statement before the House of Commons setting out the reasons for making the decision, and (d) is required under section 13 to make provision by public notice to give effect to the decision.

Reviews etc

5

(1) In paragraph 21 (reviews of continuing application of an anti-dumping amount or a countervailing amount)—

(a) in sub-paragraph (4)—

(i) after sub-paragraph (c) insert—

(ca) provision corresponding or similar to any provision made by or under this Schedule in relation to dumping or subsidisation investigations, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them; (cb) provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA;

;

(ii) at the end insert—

(e) provision for the Secretary of State to provide by public notice, in a case where a review in relation to the application of an anti-dumping amount or a countervailing amount has been completed, for— (i) the application of the amount to be treated as having expired at the end of the specified period (see paragraph 17(3) and (4)) set out in the public notice under section 13 relating to the amount; (ii) where the application of the amount was not suspended in connection with a review, a person to be entitled to a repayment of the amount that they paid after applying for the review; (iii) where the application of the amount was suspended in connection with a review, a person to be liable for the amount that they would have been liable to pay if the review had not taken place.

;

(b) in sub-paragraph (6)—

(i) omit the “and” at the end of paragraph (a);

(ii) after that paragraph insert—

(aa) the TRA giving the Secretary of State options as part of a recommendation,

;

(iii) for paragraph (b) substitute—

(b) the Secretary of State’s powers in relation to such a recommendation, and (c) the date from which any variation or revocation may have effect, which may be a date before the date of the recommendation by the TRA or decision by the Secretary of State.

;

(i) in the words before paragraph (a), for “accepts a recommendation” substitute “decides”;

(ii) in paragraph (a), for “recommendation and of the acceptance of it” substitute “decision”;

(iii) in paragraph (c), for “recommendation” substitute “decision”;

(d) in sub-paragraph (8), after “State” insert “, or which the Secretary of State may decide to make other than in accordance with a recommendation,”;

(e) in sub-paragraph (9)—

(i) for “the TRA may recommend” substitute “the Secretary of State may decide, whether or not in response to a recommendation of the TRA,”;

(ii) for “the recommendation” substitute “the decision”;

(f) in sub-paragraph (10) for “recommendation” substitute “decision”.

(2) In paragraph 22 (variation or revocation following an international dispute decision)—

(a) in sub-paragraph (1)(b), for “the Secretary of State accepting or rejecting” substitute “the Secretary of State’s powers in relation to”;

(b) in sub-paragraph (2), at the end insert—

(d) make provision corresponding or similar to any provision made by or under this Schedule in relation to dumping or subsidisation investigations, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them; (e) make provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA.

;

(i) in the words before paragraph (a), for “accepts a recommendation” substitute “decides”;

(ii) in paragraph (a), for “recommendation and acceptance of it” substitute “decision”;

(iii) in paragraph (c), for “recommendation” substitute “decision”.

(3) In paragraph 26 (suspension of anti-dumping or anti-subsidy remedies)—

(a) in sub-paragraph (1)(b), for “the Secretary of State accepting or rejecting” substitute “the Secretary of State’s powers in relation to”;

(b) in sub-paragraph (4), at the end insert—

(e) provision corresponding or similar to any provision made by or under this Schedule in relation to dumping or subsidisation investigations, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them; (f) provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA.

;

(i) in the words before paragraph (a), for “accepts a recommendation” substitute “decides”;

(ii) in paragraph (a), for “recommendation and of the acceptance of it” substitute “decision”;

(iii) in paragraph (c), for “recommendation” substitute “decision”.

Revocation in the public interest

6

After paragraph 22 insert—

(22A) (1) The Secretary of State may decide to revoke the application of an anti-dumping amount or a countervailing amount to goods in the absence of a recommendation from the TRA where the Secretary of State considers that it is in the public interest to do so. (2) Before making a decision under sub-paragraph (1) the Secretary of State must consult such persons as the Secretary of State considers appropriate. (3) Where the Secretary of State makes a decision under sub-paragraph (1), the Secretary of State— (a) must publish notice of the decision, (b) must notify interested parties (see paragraph 32(3)) accordingly, (c) must lay a statement before the House of Commons setting out the reasons for making the decision, and (d) is required under section 13 to make provision by public notice to give effect to the decision.

Power to request assistance etc

7

After paragraph 22A (as inserted by paragraph 6) insert—

(22B) (1) The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under any of the following— (a) paragraph 15(3B) (decision to require a guarantee other than in accordance with a recommendation); (b) paragraph 20A (2) (decision to apply a final remedy other than in accordance with a recommendation); (c) paragraph 22A (1) (decision to revoke a final remedy in the absence of a recommendation). (2) The Secretary of State may include in a request under sub-paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request. (3) Before making a request under sub-paragraph (1), the Secretary of State must consult the TRA. (4) The TRA must comply with a request under sub-paragraph (1).

Part 2 — Safeguarding remedies

Introduction

8

Schedule 5 to TCTA 2018 (increase in imports causing serious injury to UK producers) is amended as follows.

Notification etc

9

(1) In paragraph 7 (initiation of a safeguarding investigation)—

(a) after sub-paragraph (4) insert—

(4A) Where the TRA receives an application under sub-paragraph (1)(a)(i), the TRA must notify the Secretary of State of the application before the end of the second working day after the day on which it receives the application

;

(b) in sub-paragraph (6), in the words before paragraph (a), after “must” insert “notify the Secretary of State that it intends to initiate a safeguarding investigation and, after the relevant interval, must take the following steps in the order in which they are set out”;

(6A) In sub-paragraph (6), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the safeguarding investigation.

;

(d) after sub-paragraph (7) insert—

(8) In this paragraph, “working day” means any day other than a Saturday, a Sunday or a day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(2) In paragraph 9 (provisional affirmative determinations and final affirmative or negative determinations), in sub-paragraph (5), at the end insert “(but see paragraph 10A for a requirement to give notice to the Secretary of State in certain cases)”.

(3) In paragraph 10 (termination of a safeguarding investigation)—

(a) in paragraph (b), at the end insert “(and see paragraph 10A for a requirement to give notice to the Secretary of State before making the determination)”;

(b) in paragraph (c), after “20(3)(a)” insert “or the Secretary of State publishes notice of a decision under paragraph 19(2C) or 20(2C)”;

(4) After paragraph 10 insert—

(10A) (1) This paragraph applies where the TRA— (a) proposes to make a final negative determination, or (b) proposes to make a final affirmative determination in relation to goods and to determine that there is not a recommendation which it could make under paragraph 16(3) in relation to them. (2) The TRA must notify the Secretary of State of its proposed determination. (3) Where the Secretary of State has been notified in accordance with sub-paragraph (2), the Secretary of State may, within the relevant period (and subject to sub-paragraph (4)), request that the TRA reassess its proposed determination by reference to any matters specified in the request. (4) The Secretary of State may only make a request under sub-paragraph (3) where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its investigation that is relevant to the proposed determination, (b) the TRA has made an error in relation to its proposed determination, or (c) exceptional circumstances make the request appropriate. (5) The TRA must comply with a request under sub-paragraph (3). (6) The TRA may not make its proposed determination until— (a) the relevant period has ended, or (b) if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under sub-paragraph (3), the time when the TRA receives that information. (7) For the purposes of this paragraph, the relevant period is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination.

Provisional remedies

10

(1) In paragraph 11 (TRA’s duty to recommend a provisional safeguarding amount or a provisional tariff rate quota)—

(a) in sub-paragraph (5) omit paragraph (b) (and the “and” at the end of paragraph (a));

(b) after sub-paragraph (8) insert—

(8A) Where the TRA makes a recommendation under sub-paragraph (3), it must advise the Secretary of State whether and why it considers that applying a provisional safeguarding amount to relevant goods, or making relevant goods subject to a provisional tariff rate quota, in accordance with the recommendation, would meet the economic interest test (see paragraph 23).

(2) In paragraph 14 (Secretary of State’s power to apply a provisional safeguarding amount)—

(a) in sub-paragraph (2), for paragraphs (a) and (b) (and the “—” before paragraph (a)) substitute “it is not in the public interest to accept it.”;

(b) after sub-paragraph (2) insert—

(2A) In considering that, the Secretary of State must have regard to the TRA’s advice on whether applying a provisional safeguard amount to relevant goods in accordance with the recommendation would meet the economic interest test (see paragraph 23). (2B) Sub-paragraph (2C) applies if the recommendation is rejected. (2C) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that— (a) a provisional safeguarding amount should be applied to all the relevant goods, or to specified relevant goods, other than in accordance with the recommendation, or (b) all the relevant goods, or specified relevant goods, should be subject to a provisional tariff rate quota for a specified period. (2D) But the Secretary of State may make a decision under sub-paragraph (2C) only if a recommendation under paragraph 11(3) to the same effect as the decision (ignoring any restrictions in paragraph 11 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 12 or 13, as the case may be. (2E) Where the Secretary of State makes a decision under sub-paragraph (2C), the Secretary of State— (a) must publish notice of the decision, (b) must notify interested parties (see paragraph 31(3)) accordingly, (c) must lay a statement before the House of Commons setting out the reasons for making the decision, and (d) is required under section 13 to make provision by public notice to give effect to the decision.

;

(c) in sub-paragraph (3), after “rejected” insert “and the Secretary of State does not make a decision under sub-paragraph (2C)”.

(3) In paragraph 15 (Secretary of State’s power to subject goods to a provisional tariff rate quota)—

(a) in sub-paragraph (2), for paragraphs (a) and (b) (and the “—” before paragraph (a)) substitute “it is not in the public interest to accept it”;

(b) after sub-paragraph (2) insert—

(2A) In considering that, the Secretary of State must have regard to the TRA’s advice on whether applying a provisional tariff rate quota to relevant goods in accordance with the recommendation would meet the economic interest test (see paragraph 23). (2B) Sub-paragraph (2C) applies if the recommendation is rejected. (2C) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that— (a) all the relevant goods, or specified relevant goods, should be subject to a provisional tariff rate quota, other than in accordance with the recommendation, or (b) a provisional safeguarding amount should be applied for a specified period to all the relevant goods or, to specified relevant goods. (2D) But the Secretary of State may make a decision under sub-paragraph (2C) only if a recommendation under paragraph 11(3) to the same effect as the decision (ignoring any restrictions in paragraph 11 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 12 or 13, as the case may be. (2E) Where the Secretary of State makes a decision under sub-paragraph (2C), the Secretary of State— (a) must publish notice of the decision, (b) must notify interested parties (see paragraph 31(3)) accordingly, (c) must lay a statement before the House of Commons setting out the reasons for making the decision, and (d) is required under section 13 to make provision by public notice to give effect to the decision.

;

(c) in sub-paragraph (3), after “rejected” insert “and the Secretary of State does not make a decision under sub-paragraph (2C)”.

Definitive remedies

11

(1) In paragraph 16 (TRA’s duty to recommend a definitive safeguarding amount or tariff rate quota)—

(a) omit sub-paragraph (5)(a) (and the “and” at the end of that sub-paragraph);

(b) after sub-paragraph (10) insert—

(10A) Where the TRA considers that there are two or more options which it could recommend under sub-paragraph (3)(a) or (b), in relation to relevant goods or descriptions of relevant goods, it may give the Secretary of State each of those options as part of its recommendation. (10B) The Secretary of State may by regulations make provision requiring the TRA, in specified circumstances, to consider whether it could give the Secretary of State two or more options as part of its recommendation under sub-paragraph (3)(a) or (b) in relation to relevant goods or descriptions of relevant goods. (10C) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with regulations under sub-paragraph (10B), the TRA considers that there is only one option which it could reasonably recommend under sub-paragraph (3)(a) or (b) in relation to relevant goods or descriptions of relevant goods, it must give the Secretary of State its reasons for reaching that conclusion. (10D) Where the TRA gives the Secretary of State options, it must— (a) give the Secretary of State its reasons for including each option, and (b) inform the Secretary of State which option it prefers and why. (10E) Where the TRA makes a recommendation under sub-paragraph (3) it must advise the Secretary of State whether and why it considers that applying a definitive safeguarding amount or making relevant goods subject to a quota in accordance with— (a) its recommendation, or (b) where the recommendation contains options given under sub-paragraph (10A), each option, would meet the economic interest test (see paragraph 23).

(2) In paragraph 17 (TRA’s recommendations about a definitive safeguarding amount)—

(a) in sub-paragraph (8), at the end insert “or, where the TRA’s recommendation contained options proposing different lengths, the length adopted by the Secretary of State”;

(b) after sub-paragraph (10) insert—

(11) This paragraph has effect in relation to an option given by the TRA under paragraph 16(10A) as it has effect in relation to a recommendation by the TRA under paragraph 16(3)(a).

(3) In paragraph 18 (TRA’s recommendations regarding tariff rate quotas), after sub-paragraph (11) insert—

(11) This paragraph has effect in relation to an option given by the TRA under paragraph 16(10A) as it has effect in relation to a recommendation by the TRA under paragraph 16(3)(b).

(4) In the italic heading before paragraph 19 (Secretary of State’s power to apply a definitive safeguarding amount), for “power” substitute “powers in relation to a recommendation”.

(5) In paragraph 19—

(a) in sub-paragraph (1)—

(i) the words from “decide” to the end become paragraph (a);

(ii) at the end of that paragraph insert

, or (b) request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.

;

(b) after sub-paragraph (1) insert—

(1A) Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 16(10A), the Secretary of State must decide which of those options to adopt.

;

(c) in sub-paragraph (2), for paragraphs (a) and (b) (and the “—” before them) substitute “it is not in the public interest to accept it”;

(d) after sub-paragraph (2) insert—

(2A) In considering that, the Secretary of State must have regard to the TRA’s advice on whether applying a definitive safeguarding amount in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test (see paragraph 23). (2B) Sub-paragraph (2C) applies if the recommendation is rejected. (2C) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that— (a) a definitive safeguarding amount should be applied to all the relevant goods, or to specified relevant goods, other than in accordance with the recommendation, or (b) all the relevant goods, or specified relevant goods, should be subject to a tariff rate quota for a specified period. (2D) But the Secretary of State may make a decision under sub-paragraph (2C) only if a recommendation under paragraph 16 to the same effect as the decision (ignoring any restrictions in paragraph 16 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 17 or 18, as the case may be. (2E) Where the Secretary of State makes a decision under sub-paragraph (2C), the Secretary of State— (a) must publish notice of the decision, (b) must notify interested parties (see paragraph 31(3)) accordingly, (c) must lay a statement before the House of Commons setting out the reasons for making the decision, and (d) is required under section 13 to make provision by public notice to give effect to the decision.

;

(e) in sub-paragraph (3), after “rejected” insert “and the Secretary of State does not make a decision under sub-paragraph (2C)”;

(f) in sub-paragraph (4), in paragraph (a), after “recommendation” insert “, including any particular option adopted by the Secretary of State,”;

(g) after sub-paragraph (4) insert—

(4A) The Secretary of State may only make a request under sub-paragraph (1)(b) where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its investigation that is relevant to the recommendation, (b) the TRA has made an error in relation to its recommendation, or (c) exceptional circumstances make the request appropriate. (4B) Before making a request under sub-paragraph (1)(b), the Secretary of State must consult the TRA. (4C) Where the Secretary of State makes a request under sub-paragraph (1)(b), the TRA must— (a) comply with the request, and (b) in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

(6) In the italic heading before paragraph 20 (Secretary of State’s power to subject goods to a tariff rate quota), for “power” substitute “powers in relation to a recommendation”.

(7) In paragraph 20—

(a) in sub-paragraph (1)—

(i) the words from “decide” to the end become paragraph (a);

(ii) at the end of that paragraph insert

, or (b) request that the TRA reassess its recommendation with a view to amending or replacing the recommendation.

;

(b) after sub-paragraph (1) insert—

(1A) Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 16(10A), the Secretary of State must decide which of those options to adopt.

;

(c) in sub-paragraph (2), for paragraphs (a) and (b) (and the “—” before them) substitute “it is not in the public interest to accept it”;

(d) after sub-paragraph (2) insert—

(2A) In considering that, the Secretary of State must have regard to the TRA’s advice on whether applying a tariff rate quota in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test (see paragraph 23). (2B) Sub-paragraph (2C) applies if the recommendation is rejected. (2C) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that— (a) all the relevant goods, or specified relevant goods, should be subject to a tariff rate quota, other than in accordance with the recommendation, or (b) a definitive safeguarding amount should be applied for a specified period to all the relevant goods, or to specified relevant goods. (2D) But the Secretary of State may make a decision under sub-paragraph (2C) only if a recommendation under paragraph 16 to the same effect as the decision (ignoring any restrictions in paragraph 16 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 17 or 18, as the case may be. (2E) Where the Secretary of State makes a decision under sub-paragraph (2C), the Secretary of State— (a) must publish notice of the decision, (b) must notify interested parties (see paragraph 31(3)) accordingly, (c) must lay a statement before the House of Commons setting out the reasons for making the decision, and (d) is required under section 13 to make provision by public notice to give effect to the decision.

;

(e) in sub-paragraph (3), after “rejected” insert “ and the Secretary of State does not make a decision under sub-paragraph (2C)”;

(f) in sub-paragraph (4), in paragraph (a), after “recommendation” insert “, including any particular option adopted by the Secretary of State,”;

(g) after sub-paragraph (4) insert—

(4A) The Secretary of State may only make a request under sub-paragraph (1)(b) where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its investigation that is relevant to the recommendation, (b) the TRA has made an error in relation to its recommendation, or (c) exceptional circumstances make the request appropriate. (4B) Before making a request under sub-paragraph (1)(b), the Secretary of State must consult the TRA. (4C) Where the Secretary of State makes a request under sub-paragraph (1)(b), the TRA must— (a) comply with the request, and (b) in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

Reviews etc

12

(1) In paragraph 21 (reviews)—

(a) in sub-paragraph (4), after paragraph (b) insert—

(ba) provision corresponding or similar to any provision made by or under this Schedule in relation to a safeguarding investigation, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them; (bb) provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA;

;

(b) in sub-paragraph (6)—

(i) omit the “and” at the end of paragraph (a);

(ii) after that paragraph insert—

(aa) the TRA giving the Secretary of State options as part of a recommendation, and

;

(iii) in paragraph (b), for “the Secretary of State accepting or rejecting” substitute “the Secretary of State’s powers in relation to”.

(i) in the words before paragraph (a), for “accepts a recommendation” substitute “decides”;

(ii) in paragraph (a), for “recommendation and of the acceptance of it” substitute “decision”;

(iii) in paragraph (c), for “recommendation” substitute “decision”.

(d) in sub-paragraph (8), after “State” insert “, or which the Secretary of State may decide to make other than in accordance with a recommendation,”;

(e) in sub-paragraph (9), after “State” insert “, or which the Secretary of State may decide to make other than in accordance with a recommendation,”;

(f) in sub-paragraph (10)—

(i) in the words before paragraph (a), for “accepts a recommendation” substitute “decides”;

(ii) in paragraph (a), for “recommendation and of the acceptance of it” substitute “decision”;

(iii) in paragraph (c), for “recommendation” substitute “decision”.

(2) In paragraph 22 (variation or revocation following an international dispute decision)—

(a) in sub-paragraph (1)(b), for “the Secretary of State accepting or rejecting” substitute “the Secretary of State’s powers in relation to”;

(b) in sub-paragraph (2), at the end insert—

(d) make provision corresponding or similar to any provision made by or under this Schedule in relation to safeguarding investigations, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them; (e) make provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA.

;

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