Trade Bill (HC Bill 122)
A
BILL
TO
Make provision about the implementation of international trade agreements;
to make provision establishing the Trade Remedies Authority and conferring
functions on it; and to make provision about the collection and disclosure of
information relating to trade.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1 Implementation of international trade agreements
1 Implementation of the Agreement on Government Procurement
(1)
An appropriate authority may by regulations make such provision as the
5authority considers appropriate—
(a)
for the purpose of implementing the Agreement on Government
Procurement signed at Marrakesh on 15 April 1994 as amended on or
before 29 March 2012 (“the 1994 GPA”),
(b)
for the purpose of implementing the Agreement on Government
10Procurement signed at Marrakesh on 15 April 1994, as amended on or
before the United Kingdom’s accession (“the Revised GPA”),
(c)
in consequence of the accession of another party to, or the withdrawal
of a party from, the 1994 GPA, or
(d)
in consequence of the accession of another party to, or the withdrawal
15of a party from, the Revised GPA.
(2) Regulations under subsection (1) may not come into force before—
(a)
in the case of regulations under subsection (1)(a), the day the United
Kingdom accedes to the 1994 GPA;
(b)
in the case of regulations under subsection (1)(b), the day the United
20Kingdom accedes to the Revised GPA;
(c)
in the case of regulations under subsection (1)(c), the day the other
party accedes to or, as the case may be, withdraws from, the 1994 GPA;
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(d)
in the case of regulations under subsection (1)(d), the day the other
party accedes to or, as the case may be, withdraws from, the Revised
GPA.
2 Implementation of international trade agreements
(1)
5An appropriate authority may by regulations make such provision as the authority
considers appropriate for the purpose of implementing an international trade
agreement to which the United Kingdom is a signatory, subject to subsections (3) to
(5).
(2) An “international trade agreement” means—
(a) 10a free trade agreement, or
(b)
an international agreement that mainly relates to trade, other than a
free trade agreement.
(3)
Regulations under subsection (1) may make provision for the purpose of
implementing a free trade agreement only if—
(a)
15the other signatory (or each other signatory) and the European Union
were signatories to a free trade agreement immediately before exit day,
or
(b)
where the regulations are made before exit day, the other signatory (or
each other signatory) and the European Union are signatories to a free
20trade agreement on the day the regulations are made.
(4)
Regulations under subsection (1) may make provision for the purpose of
implementing an international trade agreement other than a free trade
agreement only if—
(a)
the other signatory (or each other signatory) and the European Union
25were signatories to an international trade agreement immediately
before exit day, or
(b)
where the regulations are made before exit day, the other signatory (or
each other signatory) and the European Union are signatories to an
international trade agreement on the day the regulations are made.
(5)
30Regulations under subsection (1) may not make provision that could be made
by regulations under section 9 of the Taxation (Cross-border Trade) Act 2018.
(6) Regulations under subsection (1) may, among other things, make provision—
(a) modifying primary legislation that is retained EU law;
(b)
conferring functions on the Secretary of State or any other person,
35including conferring a discretion;
(c) for the delegation of functions;
(d) for penalties for failing to comply with the regulations.
(7) A “free trade agreement” means an agreement that is or was notifiable under—
(a) paragraph 7(a) of Article XXIV of GATT, or
(b) 40paragraph 7(a) of Article V of GATS.
(8) No regulations may be made under subsection (1) after the end of—
(a)
the period of five years beginning with exit day (“the initial five year
period”), or
(b)
such other period or periods as are specified in regulations made by the
45Secretary of State in accordance with subsection (9).
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(9)
Regulations under subsection (8)(b) may not extend the initial five year period,
or a further period specified in regulations under that subsection, by more than
five years.
3 Regulations: devolved authorities and general provision
(1) 5Regulations under section 1(1) or 2(1) may—
(a) make different provision for different purposes or areas;
(b) make provision generally or only in relation to specified cases;
(c) make incidental, supplementary or consequential provision;
(d) make transitional, transitory or saving provision.
(2)
10Schedule 1 contains restrictions on the exercise of the powers in sections 1(1)
and 2(1) by devolved authorities.
(3)
Schedule 2 contains provision about the making of regulations under sections
1(1) and 2.
(4)
Schedule 3 contains exceptions to restrictions in the devolution settlements for
15regulations made under section 1(1) or 2(1).
4 Interpretation of Part 1
In this Part—
-
“appropriate authority” means—
(a)a Minister of the Crown,
(b)20a devolved authority, or
(c)a Minister of the Crown acting jointly with a devolved
authority; -
“devolved authority” means—
(a)the Scottish Ministers,
(b)25the Welsh Ministers, or
(c)a Northern Ireland department;
-
“exit day” has the same meaning as in the European Union (Withdrawal)
Act 2018 (see section 14(1) and (2) of that Act); -
“GATS” means the General Agreement on Trade in Services, part of
30Annex 1B to the WTO Agreement (as modified from time to time); -
“GATT” means the General Agreement on Tariffs and Trade, part of
Annex 1A to the WTO Agreement (as modified from time to time); -
“primary legislation” means—
(a)an Act of Parliament,
(b)35an Act of the Scottish Parliament,
(c)a Measure or Act of the National Assembly for Wales, or
(d)Northern Ireland legislation;
-
“retained EU law” has the same meaning as in the European Union
(Withdrawal) Act 2018 (see section 6 of that Act); -
40“the WTO Agreement” means the agreement establishing the World
Trade Organisation signed at Marrakesh on 15 April 1994.
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Part 2 The Trade Remedies Authority
5 The Trade Remedies Authority
(1)
A body corporate called the Trade Remedies Authority (“the TRA”) is
5established.
(2) Schedule 4 contains further provision about the TRA.
6 Provision of advice, support and assistance by the TRA
(1)
The TRA must provide the Secretary of State with such advice, support and
assistance as the Secretary of State requests in connection with—
(a) 10the conduct of an international trade dispute,
(b) functions of the Secretary of State relating to trade, and
(c) functions of the TRA.
(2)
Advice, support and assistance requested under subsection (1) may include,
among other things—
(a)
15analysis of trade remedy measures imposed in countries or territories
other than the United Kingdom, and
(b)
analysis of the impact of such measures on producers and exporters in
the United Kingdom.
(3) Before making a request under subsection (1), the Secretary of State must—
(a) 20consult the TRA, and
(b) have regard to the expertise of the TRA and to the need to protect—
(i) its operational independence, and
(ii)
its ability to make impartial assessments when performing its
functions.
(4)
25The TRA may otherwise provide such advice, support and assistance as it
considers appropriate in relation to—
(a) international trade, and
(b) trade remedies.
Part 3 30Trade information
7 Collection of exporter information by HMRC
(1)
Her Majesty’s Revenue and Customs may request any person to provide information
for the purpose of assisting the Secretary of State to establish the number and identity
of persons exporting goods and services from the United Kingdom in the course of a
35trade, business or profession.
(2)
For the purposes of subsection (1) goods or services are exported from the
United Kingdom if they are supplied to a person who is outside the United
Kingdom.
(3)
The Treasury may by regulations made by statutory instrument make
40provision about—
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(a)
the types of information that may be requested under subsection (1),
and
(b) how the request is to be made.
(4)
Regulations under subsection (3) may, among other things, modify an Act of
5Parliament.
(5)
A statutory instrument containing (whether alone or with other provision)
regulations under subsection (3) that amend or repeal an Act of Parliament
may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(6)
10Any other statutory instrument containing regulations under subsection (3) is
subject to annulment in pursuance of a resolution of either House of
Parliament.
8 Disclosure of information by HMRC
(1)
Her Majesty’s Revenue and Customs (or anyone acting on their behalf) may
15disclose information for the purpose of—
(a)
facilitating the exercise by the Secretary of State of the Secretary of
State’s functions relating to trade, or
(b)
facilitating the exercise by an international organisation or authority, or
by any other body, of its public functions relating to trade.
(2) 20A person who receives information as a result of this section may not—
(a)
use the information for a purpose other than one mentioned in
subsection (1), or
(b) further disclose the information,
except with the consent of the Commissioners for Her Majesty’s Revenue and
25Customs (which may be general or specific).
(3)
If a person discloses information in contravention of subsection (2)(b) which
relates to a person whose identity—
(a) is specified in the disclosure, or
(b) can be deduced from it,
30section 19 of the Commissioners for Revenue and Customs Act 2005 (offence of
wrongful disclosure) applies in relation to that disclosure as it applies in
relation to a disclosure of information in contravention of section 20(9) of that
Act.
(4)
This section does not limit the circumstances in which information may be
35disclosed under section 18(2) of the Commissioners for Revenue and Customs
Act 2005 or under any other enactment or rule of law.
(5) Nothing in this section authorises the making of a disclosure which—
(a) contravenes the Data Protection Act 1998, or
(b)
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
40Investigatory Powers Act 2016.
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Part 4 General
9 Interpretation
In this Act—
-
5“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975; -
“modify” includes amend, repeal or revoke (and related expressions are
to be read accordingly).
10 Extent
(1)
10Subject to subsection (2), this Act extends to England and Wales, Scotland and
Northern Ireland.
(2)
Any provision of this Act which amends an enactment has the same extent as
the enactment amended.
11 Commencement
(1) 15This Part comes into force on the day on which this Act is passed.
(2)
The remaining provisions of this Act come into force on such day as a Minister
of the Crown may by regulations made by statutory instrument appoint; and
different days may be appointed for different purposes.
(3)
The power of a Minister of the Crown to appoint a day under subsection (2)
20includes a power to appoint a time on a day if the Minister considers it
appropriate to do so (including a time that has effect by reference to the coming
into force of any other enactment).
(4)
Regulations under subsection (2) may make transitional, transitory or saving
provision.
12 25Short title
This Act may be cited as the Trade Act 2018.
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SCHEDULES
Section 3(2)
SCHEDULE 1 Restrictions on devolved authorities
No power to make provision outside devolved competence
1
(1)
5No regulations may be made by a devolved authority under section 1(1) or
2(1) unless every provision of them is within the devolved competence of the
devolved authority.
(2) See paragraphs 7 to 9 for the meaning of “devolved competence”.
No power to modify retained direct EU legislation etc.
2
(1)
10No regulations may be made by a devolved authority under section 1(1) or
2(1) which modify—
(a) any retained direct EU legislation, or
(b)
anything which is retained EU law by virtue of section 4 of the
European Union (Withdrawal) Act 2018.
(2)
15No regulations may be made by a devolved authority under section 1(1) or
2(1) which, when made, are inconsistent with any modification (whether or
not in force) made by the European Union (Withdrawal) Act 2018 or by a
Minister of the Crown under that Act, or by a Minister of the Crown under
this Act, of—
(a) 20any retained direct EU legislation, or
(b)
anything which is retained EU law by virtue of section 4 of the
European Union (Withdrawal) Act 2018.
(3)
In this paragraph, “retained direct EU legislation” has the same meaning as
in the European Union (Withdrawal) Act 2018 (see section 14(1) of that Act).
25Requirement for consent in certain circumstances
3
(1)
No regulations may be made by a devolved authority acting alone under
section 1(1) or 2(1) without the consent of a Minister of the Crown so far as
the regulations are to come into force before exit day.
(2)
No regulations may be made by a devolved authority acting alone under
30section 2(1) without the consent of a Minister of the Crown so far as the
regulations make provision about any quota arrangements or are
incompatible with any such arrangements.
(3)
In sub-paragraph (2) “quota arrangements” means any arrangements for, or
in connection with, the division of responsibility within the United
35Kingdom or an area including the United Kingdom for—
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(a) an international obligation, or
(b) any right or other benefit arising from such an obligation,
where the obligation is to achieve a result defined by reference to a quantity
(whether expressed as an amount, proportion or ratio or otherwise) or (as
5the case may be) the benefit is so defined.
Requirement for consent where it would otherwise be required
4
(1)
The consent of a Minister of the Crown is required before any provision is
made by the Welsh Ministers in regulations under section 1(1) or 2(1) so far
as that provision, if contained in an Act of the National Assembly for Wales,
10would require the consent of a Minister of the Crown.
(2)
The consent of the Secretary of State is required before any provision is made
by a Northern Ireland department in regulations under section 1(1) or 2(1)
so far as that provision, if contained in an Act of the Northern Ireland
Assembly, would require the consent of the Secretary of State.
(3) 15Sub-paragraph (1) or (2) does not apply if—
(a)
the provision could be contained in subordinate legislation made
otherwise than under this Act by the Welsh Ministers acting alone or
(as the case may be) a Northern Ireland devolved authority acting
alone, and
(b) 20no such consent would be required in that case.
(4)
The consent of a Minister of the Crown is required before any provision is
made by a devolved authority in regulations under section 1(1) or 2(1) so far
as that provision, if contained in—
(a)
subordinate legislation made otherwise than under this Act by the
25devolved authority, or
(b)
subordinate legislation not falling within paragraph (a) and made
otherwise than under this Act by (in the case of Scotland) the First
Minister or Lord Advocate acting alone or (in the case of Northern
Ireland) a Northern Ireland devolved authority acting alone,
30would require the consent of a Minister of the Crown.
(5) Sub-paragraph (4) does not apply if—
(a) the provision could be contained in—
(i)
an Act of the Scottish Parliament, an Act of the National
Assembly for Wales or (as the case may be) an Act of the
35Northern Ireland Assembly, or
(ii)
different subordinate legislation of the kind mentioned in
sub-paragraph (4)(a) or (b), and
(b)
the consent of a Minister of the Crown would not be required in that
case.
40Requirement for joint exercise where it would otherwise be required
5
(1)
No regulations may be made under section 1(1) or 2(1) by the Scottish
Ministers, so far as they contain provision which relates to a matter in
respect of which a power to make subordinate legislation otherwise than
under this Act is exercisable by—
(a) 45the Scottish Ministers acting jointly with a Minister of the Crown, or
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(b)
the First Minister or Lord Advocate acting jointly with a Minister of
the Crown,
unless the regulations are, to that extent, made jointly with the Minister of
the Crown.
(2)
5No regulations may be made under section 1(1) or 2(1) by the Welsh
Ministers, so far as they contain provision which relates to a matter in
respect of which a power to make subordinate legislation otherwise than
under this Act is exercisable by the Welsh Ministers acting jointly with a
Minister of the Crown, unless the regulations are, to that extent, made jointly
10with the Minister of the Crown.
(3)
No regulations may be made under section 1(1) or 2(1) by a Northern Ireland
department, so far as they contain provision which relates to a matter in
respect of which a power to make subordinate legislation otherwise than
under this Act is exercisable by—
(a)
15a Northern Ireland department acting jointly with a Minister of the
Crown, or
(b)
another Northern Ireland devolved authority acting jointly with a
Minister of the Crown,
unless the regulations are, to that extent, made jointly with the Minister of
20the Crown.
(4)
Sub-paragraph (1), (2) or (3) does not apply if the provision could be
contained in—
(a)
an Act of the Scottish Parliament, an Act of the National Assembly
for Wales or (as the case may be) an Act of the Northern Ireland
25Assembly without the need for the consent of a Minister of the
Crown, or
(b)
different subordinate legislation made otherwise than under this Act
by—
(i)
the Scottish Ministers, the First Minister or the Lord
30Advocate acting alone,
(ii) the Welsh Ministers acting alone, or
(iii)
(as the case may be), a Northern Ireland devolved authority
acting alone.
Requirement for consultation where it would otherwise be required
6
(1)
35No regulations may be made under section 1(1) or 2(1) by the Welsh
Ministers, so far as they contain provision which, if contained in an Act of
the National Assembly for Wales, would require consultation with a
Minister of the Crown, unless the regulations are, to that extent, made after
consulting with the Minister of the Crown.
(2)
40No regulations may be made under section 1(1) or 2(1) by the Scottish
Ministers, so far as they contain provision which relates to a matter in
respect of which a power to make subordinate legislation otherwise than
under this Act is exercisable by the Scottish Ministers, the First Minister or
the Lord Advocate after consulting with a Minister of the Crown, unless the
45regulations are, to that extent, made after consulting with the Minister of the
Crown.
(3)
No regulations may be made under section 1(1) or 2(1) by the Welsh
Ministers, so far as they contain provision which relates to a matter in