OpenLegislation

Regulation 13 Reconsideration by the TRAI1C1

United Kingdom

(1)

This regulation applies where the TRA has accepted an application for reconsideration.

(2)

The TRA may request information from any person when reconsidering an original decision and, where it does so, it may—

(a)

set a time limit for a response to such a request;

(b)

vary such a time limit.

(3)

The TRA may disregard information supplied in response to such a request but which is outside the relevant time limit or not in conformity with the terms of that request.

(4)

In considering whether to disregard information, the TRA must have regard to—

(a)

the extent of the delay; and

(b)

the reasons for the delay.

(5)

Where an application for reconsideration relates to a dispute on a point of law, the TRA may refer the matter to the Upper Tribunal for a decision before concluding the reconsideration in accordance with regulation 14(1).

(6)

Where the TRA refers a matter to the Upper Tribunal under paragraph (5) and—

(a)

the original decision was published in a notice, the TRA must publish a notice setting out the details of the matter referred to the Upper Tribunal; or

(b)

the original decision was not published in a notice, the TRA must notify the applicant that it has referred the matter to the Upper Tribunal.

(7)

In reconsidering an original decision, the TRA may, amongst other things, take into account—

(a)

information contained in an application for reconsideration;

(b)

documents accompanying an application for reconsideration;

(c)

information supplied to it further to a request made under paragraph (2);

(d)

information obtained from secondary sources.

F1(7A)

In reconsidering an original decision, where paragraph (7B) applies, the TRA must take into account any notice published or public notice issued following the early review referred to in paragraph (7B).

(7B)

This paragraph applies where the TRA—

(a)

receives a request from the Secretary of State under regulation 67 of the Dumping and Subsidisation Regulations or regulation 33A of the Safeguards Regulations to undertake an early review of an original decision to which the reconsideration under this Chapter relates; and

(b)

a public notice is issued following the early review referred to in sub-paragraph (a) before the outcome of the reconsideration under this Chapter.

(7C)

Where the TRA is reconsidering an original decision that included two or more options as part of the TRA’s recommendation to the Secretary of State, the TRA is not required to reconsider any option not selected by the Secretary of State.

(8)

The TRA may conduct a hearing as part of its reconsideration of an original decision.

(9)

Except as otherwise provided by these Regulations, the TRA may reconsider an original decision in whatever way it considers appropriate in the circumstances.

Annotations

Textual amendments

F1

Reg. 13(7A)-(7C) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 40

Modifications

C1

Reg. 13 modified (2.3.2022) by The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022 (S.I. 2022/113), regs. 1(1), 7(3)(b), 18 (with reg. 3)

Commencement

I1

Reg. 13 in force at 3.6.2019, see reg. 1(1)