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Paragraph 12A F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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.

Annotations

Textual amendments

F1

Sch. 4 para. 12A and cross-heading inserted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 2(5), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)

Notes on Schedule 4

Modifications

C1

Sch. 4 applied (6.3.2019) by The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450), regs. 1(2), 97(1) (with Pt. 13) (as amended (23.7.2019) by The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 11(2))