Section 111 | Safeguarding investigations

(1)Schedule 5 to TCTA 2018 (increase in imports causing serious injury to UK producers) is amended in accordance with subsections (2) to (5).

(2)In the italic heading before paragraph 7, after “investigation” insert “: request made to TRA”.

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

(a)in sub-paragraph (1)—

(i)in the opening words, omit “only”;

(ii)in paragraph (a), omit sub-paragraph (ii) and the “or” before it;

(b)in sub-paragraph (2)—

(i)in paragraph (a), omit “in the case of an application under sub-paragraph (1)(a)(i),”;

(ii)omit paragraph (b);

(c)in sub-paragraph (3)—

(i)in paragraph (a), omit “in the case of an application under sub-paragraph (1)(a)(i),”;

(ii)omit paragraph (b).

(4)After paragraph 7 insert—

7AInitiation of a safeguarding investigation: Secretary of State direction

(1)The Secretary of State may direct the TRA to initiate a safeguarding investigation in relation to goods if the Secretary of State is satisfied that there is sufficient evidence that—

(a)the goods have been or are being imported into the United Kingdom in increased quantities, and

(b)the importation of the goods in increased quantities has caused or is causing serious injury to UK producers of those goods.

(2)A direction given under sub-paragraph (1) may be accompanied by a preliminary adjustment plan setting out how UK producers of the goods might be able to adjust to the importation of the goods in increased quantities.

(3)Regulations may make provision about—

(a)the giving of directions under sub-paragraph (1), including in particular provision about—

(i)the form and content of directions;

(ii)when directions are made for the purposes of sub-paragraph (1);

(iii)the publication of directions;

(b)the form and content of a preliminary adjustment plan.

(4)Before giving a direction under sub-paragraph (1), the Secretary of State must consult the TRA.

(5)The TRA must comply with a direction given under sub-paragraph (1).

(6)Where the Secretary of State gives a direction under sub-paragraph (1) in respect of a safeguarding investigation, the TRA must take the following steps in the order in which they are set out—

(a)initiate the investigation;

(b)publish notice that it has initiated the investigation (including notice of the goods which are the subject of the investigation);

(c)notify the Secretary of State and interested parties (see paragraph 31(3)) accordingly.

(7)Notices under sub-paragraph (6)(b) and (c) must specify the date of the initiation of the investigation.

(5)In paragraph 16 (final affirmative determination), for sub-paragraph (6) substitute—

(6)But the requirement in sub-paragraph (5)(b) does not apply in a case where—

(a)the safeguarding investigation was initiated in accordance with paragraph 7 (application made by or on behalf of UK producers) and the TRA waived the requirement for the application to initiate the safeguarding investigation to be accompanied by a preliminary adjustment plan, or

(b)the safeguarding investigation was initiated in accordance with paragraph 7A (Secretary of State direction) and the TRA waives the requirement in sub-paragraph (5)(b) of this paragraph.

(6)Schedule 5A to TCTA 2018 (increase in imports as a result of free trade agreement causing serious injury to UK producers) is amended in accordance with subsections (7) and (8).

(7)In paragraph 5 (initiation of a bilateral safeguarding investigation), for sub-paragraphs (3) and (4) substitute—

(3)Sub-paragraph (2) is to be read as if in paragraph (a)—

(a)for “the TRA” there were substituted “the Secretary of State”;

(b)for “applicant UK producers” there were substituted “UK producers of the goods”.

(4)Sub-paragraph (3) is to be read as if in paragraph (a), for “the applicant UK producers think they” there were substituted “UK producers of the goods”.

(8)After paragraph 5 insert—

5AParagraph 7A (Secretary of State direction to initiate safeguarding investigation) does not apply.

(9)This section and section 110 come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint; and different days may be appointed for different purposes.