Trade Bill (HL Bill 127)

Part 1 Ratification and 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,

(d) in consequence of the accession of another party to, or the withdrawal
15of a party from, the Revised GPA,

(e) in consequence of a modification of the list of central government
entities in Annex 1 to the United Kingdom’s Appendix I to the 1994
GPA, or

(f) in consequence of a modification of the list of central government
20entities in Annex 1 to the United Kingdom’s Appendix I to 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
Kingdom accedes to the Revised GPA;

(c) 5in 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;

(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;

(e) 10in the case of regulations under subsection (1)(e) or (f), the day the
modification becomes effective.

(3) Regulations under subsection (1) may make provision modifying retained
direct EU legislation.

2 Implementation of international trade agreements

(1) 15An 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 (2) to (4).

(2) Regulations under subsection (1) may make provision for the purpose of
20implementing a free trade agreement only if—

(a) the other signatory (or each other signatory) and the European Union
were signatories to a free trade agreement immediately before exit day,
or

(b) where a draft of the regulations is laid before exit day, the other
25signatory (or each other signatory) and the European Union are
signatories to a free trade agreement on the day the draft of the
regulations is laid.

(3) Regulations under subsection (1) may make provision for the purpose of
implementing an international trade agreement other than a free trade
30agreement only if—

(a) the other signatory (or each other signatory) and the European Union
were signatories to an international trade agreement immediately
before exit day, or

(b) where a draft of the regulations is laid before exit day, the other
35signatory (or each other signatory) and the European Union are
signatories to an international trade agreement on the day the draft of
the regulations is laid.

(4) Regulations under subsection (1) may not make provision that could be made
by regulations under section 9 of the Taxation (Cross-border Trade) Act 2018.

(5) 40Regulations under subsection (1) may, among other things, make provision—

(a) modifying retained direct EU legislation or primary legislation that is
retained EU law;

(b) conferring functions on the Secretary of State or any other person,
including conferring a discretion but not including a power to make
45subordinate legislation;

(c) for the delegation of functions;

(d) for penalties for failing to comply with the regulations.

(6) In this section, a reference to a draft of regulations being laid is to a draft of the
regulations, or the instrument containing the regulations, being laid before—

(a) each House of Parliament, in the case of regulations to which
paragraph 4(1) or 5 of Schedule 2 applies (regulations of a Minister of
5the Crown, or a Minister of the Crown acting jointly with a devolved
authority);

(b) the Scottish Parliament, in the case of regulations to which paragraph
4(2) of Schedule 2 applies (regulations of the Scottish Ministers);

(c) the National Assembly for Wales, in the case of regulations to which
10paragraph 4(3) of Schedule 2 applies (regulations of the Welsh
Ministers);

(d) the Northern Ireland Assembly, in the case of regulations to which
paragraph 4(4) of Schedule 2 applies (regulations of a Northern Ireland
department).

(7) 15No regulations may be made under subsection (1) after the end of—

(a) the period of three years beginning with exit day (“the initial three year
period”), or

(b) such other period or periods as are specified in regulations made by the
Secretary of State in accordance with subsection (8).

(8) 20Regulations under subsection (7)(b) may not extend the initial three year
period, or a further period specified in regulations under that subsection, by
more than three years.

3 Report on proposed free trade agreement

(1) This section applies (subject to subsection (2)) where the United Kingdom has
25authenticated a free trade agreement (“the proposed agreement”), if—

(a) the other party (or each other party) and the European Union were
signatories to a free trade agreement immediately before exit day, or

(b) where the proposed agreement is authenticated by the United
Kingdom before exit day, the other party (or each other party) and the
30European Union are signatories to a free trade agreement on the day
the proposed agreement is authenticated by the United Kingdom.

(2) This section applies only if the proposed agreement is not binding on the
United Kingdom as a matter of international law unless it is ratified by the
United Kingdom.

(3) 35Before the United Kingdom ratifies the proposed agreement, a Minister of the
Crown must lay before Parliament a report which gives details of, and explains
the reasons for, any significant differences between—

(a) the trade-related provisions of the proposed agreement, and

(b) the trade-related provisions of the existing free trade agreement.

(4) 40Subsection (3) does not apply if a report in relation to the proposed agreement
has been laid before Parliament under section 5(2).

(5) The duty imposed by subsection (3) applies only at a time when regulations
may be made under section 2(1) (see section 2(7)).

(6) In this section a reference to authenticating a free trade agreement is a reference
45to doing an act which establishes the text of the agreement as authentic and
definitive as a matter of international law.

(7) In this section—

• “the existing free trade agreement” means the free trade agreement
  referred to in subsection (1)(a) or (b);

• the “trade-related provisions” of a free trade agreement are the provisions
  5of the agreement that mainly relate to trade.

4 Reporting requirement not to apply in exceptional cases

(1) Section 3 does not apply to a free trade agreement if a Minister of the Crown is
of the opinion that, exceptionally, the agreement needs to be ratified without
laying before Parliament a report which meets the requirements of subsection
10(3) of that section.

(2) If a Minister determines that a free trade agreement is to be ratified without
laying before Parliament a report which meets the requirements of section 3(3),
the Minister must, as soon as practicable after the agreement is ratified, lay
before Parliament—

(a) 15a report which meets those requirements, and

(b) a statement indicating that the Minister is of the opinion mentioned in
subsection (1) and explaining why.

5 Report to be laid with regulations under section 2(1)

(1) This section applies where a Minister of the Crown proposes to make
20regulations under section 2(1) for the purpose of implementing a free trade
agreement to which the United Kingdom and another signatory (or other
signatories) are signatories.

(2) A draft of the statutory instrument containing the regulations may not be laid
before Parliament unless, at least 10 Commons sitting days before the draft is
25laid, a Minister of the Crown has laid before Parliament a report which gives
details of, and explains the reasons for, any significant differences between—

(a) the trade-related provisions of the free trade agreement to which the
United Kingdom and the other signatory (or other signatories) are
signatories, and

(b) 30the trade-related provisions of the existing free trade agreement.

(3) Subsection (2) does not apply if, at least 10 Commons sitting days before a draft
of the statutory instrument containing the regulations is laid, a report in
relation to the agreement has been laid before Parliament under section 3(3).

(4) In this section—

• 35“Commons sitting day” means a day on which the House of Commons
  begins to sit;

• “the existing free trade agreement” means the free trade agreement to
  which the European Union and the other signatory (or other
  signatories)—

  (a)

  40were signatories immediately before exit day, or

  (b)

  where the report is laid before Parliament before exit day, are
  signatories on the day the report is laid before Parliament;

• the “trade-related provisions” of a free trade agreement are the provisions
  of the agreement that mainly relate to trade.

6 UK participation in the European medicines regulatory network

(1) It shall be the objective of an appropriate authority to take all necessary steps
to implement an international trade agreement, which enables the UK to fully
participate after exit day in the European medicines regulatory network
5partnership between the European Union, European Economic Area and the
European Medicines Agency.

(2) Exit day shall have the meaning set out in section 20 of the European Union
(Withdrawal) Act 2018.

7 Regulations: devolved authorities and general provision

(1) 10Regulations 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) 15Regulations under section 1(1) or 2(1) that modify—

(a) retained direct EU legislation,

(b) anything which is retained EU law by virtue of section 4 of the
European Union (Withdrawal) Act 2018, or

(c) any other retained EU law,

20may be made before exit day so long as they come into force on or after exit
day.

(3) Schedule 1 contains restrictions on the exercise of the powers in sections 1(1)
and 2(1) by devolved authorities.

(4) Schedule 2 contains provision about the making of regulations under sections
251(1) and 2.

(5) Schedule 3 contains exceptions to restrictions in the devolution settlements for
regulations made under section 1(1) or 2(1).

8 Interpretation of Part 1

(1) In this Part—

• 30“appropriate authority” means—

  (a)

  a Minister of the Crown, or

  (b)

  a devolved authority;

• “devolved authority” means—

  (a)

  the Scottish Ministers,

  (b)

  35the Welsh Ministers, or

  (c)

  a Northern Ireland department;

• “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;

• “GATS” means the General Agreement on Trade in Services, part of
  Annex 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);

• “international trade agreement” means—

  (a)

  a free trade agreement, or

  (b)

  5an international agreement that mainly relates to trade, other
  than a free trade agreement;

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  10a Measure or Act of the National Assembly for Wales, or

  (d)

  Northern Ireland legislation;

• “subordinate legislation” has the same meaning as in section 21 of the
  Interpretation Act 1978;

• “the WTO Agreement” means the agreement establishing the World
  15Trade Organisation signed at Marrakesh on 15 April 1994.

(2) In this Part a reference to being a signatory to an international trade agreement
includes a reference to—

(a) exchanging instruments, where the exchange constitutes the
agreement;

(b) 20acceding to the agreement.

(3) In this Part a reference to ratifying an international trade agreement is a
reference to doing an act specified in subsection (4) which establishes consent
to be bound by the agreement as a matter of international law.

(4) The acts are—

(a) 25depositing or delivering an instrument of ratification, accession,
approval or acceptance;

(b) depositing or delivering a notification of completion of domestic
procedures.

(5) References in this Part to anything which is retained EU law by virtue of
30section 4 of the European Union (Withdrawal) Act 2018 include references to
any modifications, made by or under that Act or by other domestic law from
time to time, of the rights, powers, liabilities, obligations, restrictions, remedies
or procedures concerned.

Part 2 35The Trade Remedies Authority

9 The Trade Remedies Authority

(1) A body corporate called the Trade Remedies Authority (“the TRA”) is
established.

(2) Schedule 4 contains further provision about the TRA.

(3) 40Schedule 5 contains provision about schemes for the transfer of staff in
connection with the establishment of the TRA.

10 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) the conduct of an international trade dispute,

(b) 5functions 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) analysis of trade remedy measures imposed in countries or territories
10other 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) consult the TRA, and

(b) 15have 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) The TRA may otherwise provide such advice, support and assistance as it
20considers appropriate in relation to—

(a) international trade, and

(b) trade remedies.

Part 3 Trade information

11 25Collection 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 trade, business or profession.

(2) 30For 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
provision about—

(a) 35the 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
Parliament.

(5) 40A 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) Any other statutory instrument containing regulations under subsection (3) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

12 Disclosure of information by HMRC

(1) 5Her Majesty’s Revenue and Customs (or anyone acting on their behalf) may
disclose 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
10by any other body, of its public functions relating to trade.

(2) A 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,

15except with the consent of the Commissioners for Her Majesty’s Revenue and
Customs (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) 20can be deduced from it,

section 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) 25This section does not limit the circumstances in which information may be
disclosed 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 legislation, or

(b) 30is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.

(6) In this section “the data protection legislation” has the same meaning as in the
Data Protection Act 2018 (see section 3 of that Act).

Part 4 35General

13 Interpretation

In this Act—

• “Minister of the Crown” has the same meaning as in the Ministers of the
  Crown Act 1975;

• 40“modify” includes amend, repeal or revoke (and related expressions are
  to be read accordingly).

14 Extent

(1) Subject 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
5the enactment amended.

15 Commencement

(1) This 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
10different days may be appointed for different purposes.

(3) The power of a Minister of the Crown to appoint a day under subsection (2)
includes 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) 15Regulations under subsection (2) may make transitional, transitory or saving
provision.

16 Short title

This Act may be cited as the Trade Act 2018.