# The Taxation (Cross-border Trade) Act 2018 (Appointed Days No. 4 and Transitional Provisions) (Modification) (EU Exit) Regulations 2019, Paragraph 17: Modifications to Part 2 (safeguarding investigations)


Paragraph 7 (initiation of a safeguarding investigation) of Schedule 5 to the Act has effect as if, for that paragraph, there were substituted—
“7. (1) The Secretary of State may initiate a safeguarding investigation in relation to goods only if—
(a) the Secretary of State—
(i) is requested to initiate an investigation in an application made by or on behalf UK producers of the goods (“the applicant UK producers”), or
(ii) decides that an investigation should be initiated in the absence of such an application,
(b) the Secretary of State is satisfied that the application contains sufficient evidence (or, if sub-paragraph (1)(a)(i) does not apply, that there is otherwise sufficient evidence), that —
(i) the goods have been or are being imported into the United Kingdom in increased quantities, and
(ii) the importation of the goods in increased quantities has caused or is causing serious injury to UK producers of those goods,
(c) the market share requirement is met or the Secretary of State waives the requirement, and
(d) (i) in the case of an application under sub-paragraph (1)(a)(i), the application is accompanied by a preliminary adjustment plan or the Secretary of State waives the requirement for the application to be accompanied by such a plan, or
(ii) in the case of a decision under sub-paragraph (1)(a)(ii), a preliminary adjustment plan has been prepared by, or on behalf of, the Secretary of State or the Secretary of State waives the requirement for such a plan to be prepared.
(2) The market share requirement is met if—
(a) in the case of an application under sub-paragraph (1)(a)(i), the Secretary of State is satisfied that the applicant UK producers have a share of the market for like goods and directly competitive goods for consumption in the United Kingdom (whether produced there or elsewhere) which is sufficient to justify initiating the investigation;
(b) in the case of a decision under sub-paragraph (1)(a)(ii), the Secretary of State is satisfied that UK producers of the goods have a share of the market for like goods and directly competitive goods for consumption in the United Kingdom (whether produced there or elsewhere) which is sufficient to justify initiating the investigation.
(3) A preliminary adjustment plan is—
(a) in the case of an application under sub-paragraph (1)(a)(i), a plan setting out how the applicant UK producers think they might be able to adjust to the importation of the goods in increased quantities;
(b) in the case of a decision under sub-paragraph (1)(a)(ii), a plan setting out how UK producers of the goods might be able to adjust to the importation of the goods in increased quantities.
(4) Regulations may make provision about—
(a) what constitutes or does not constitute an application made by or on behalf of UK producers for the purposes of sub-paragraph (1)(a)(i);
(b) when an application is made for the purposes of sub-paragraph (1)(a)(i);
(c) the information to be contained in such an application;
(d) the time limit for determining such an application;
(e) the Secretary of State’s assessment of any information obtained or held by the Secretary of State for the purposes of a decision under sub-paragraph (1)(a)(ii);
(f) the form and content of a preliminary adjustment plan;
(g) what constitutes or does not constitute “the market for like goods and directly competitive goods for consumption in the United Kingdom” and UK producers’ “share” of that market for the purposes of sub-paragraphs (1)(c) and (2);
(h) how any of those matters are to be determined for the purposes of sub-paragraphs (1)(c) and (2).
(5) In the case of an application under sub-paragraph (1)(a)(i), if any of the requirements of sub-paragraph (1)(b) to (d) in respect of a safeguarding investigation are not met, the Secretary of State must reject the application and notify the applicant accordingly.
(6) If the requirements of sub-paragraph (1)(a) to (d) in respect of a safeguarding investigation are met, the Secretary of State must—
(a) in the case of an application under sub-paragraph (1)(a)(i), accept the application,
(b) initiate the investigation,
(c) publish notice of the decision to initiate the investigation (including notice of the goods which are the subject of the investigation), and
(d) notify interested parties (see paragraph 31(3)) accordingly.
(7) Notices under sub-paragraph (6)(c) and (d) must specify the date of the initiation of the investigation.”.

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Source: https://www.legislation.gov.uk/uksi/2019/429/schedule/paragraph/17 (the official version)
Page: https://openlegislation.uk/taxation-cross-border-trade-act-2018-appointed-days-no-4-and-transitional-provisions-modification-eu-exit-regulations-2019/schedule/paragraph-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.