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 the United Kingdom’s accession (“the GPA”), or

(b) in consequence of—

(i) 10the accession of another party to, or the withdrawal of a party
from, the GPA,

(ii) a dispute between the United Kingdom and another party to the
GPA,

(iii) a modification of another party’s Appendix I to the GPA, or

(iv) 15a modification of the list of central government entities in
Annex 1 to the United Kingdom’s Appendix I to the 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 GPA;

(b) 20in the case of regulations under subsection (1)(b)(i), the day the other
party accedes to or, as the case may be, withdraws from, the GPA;

(c) in the case of regulations under subsection (1)(b)(iii) or (iv), the day the
modification becomes effective.

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

(4) In this section, a “dispute” means a matter in respect of which the United
Kingdom or another party is entitled to have recourse to the Understanding on
5Rules and Procedures Governing the Settlement of Disputes under Article XX
of the GPA.

2 Implementation of international trade agreements

(1) An appropriate authority may by regulations make such provision as the authority
considers appropriate for the purpose of implementing an international trade
10agreement to which the United Kingdom is a signatory.

(2) An “international trade agreement” means—

(a) a free trade agreement, or

(b) an international agreement that mainly relates to trade, other than a
free trade agreement.

(3) 15Regulations under subsection (1) may make provision for the purpose of
implementing a free trade agreement only if the other signatory (or each other
signatory) and the European Union were signatories to a free trade agreement
immediately before exit day.

(4) Regulations under subsection (1) may make provision for the purpose of
20implementing an international trade agreement other than a free trade
agreement only if the other signatory (or each other signatory) and the
European Union were signatories to an international trade agreement
immediately before exit day.

(5) Regulations under subsection (1) may not make provision that could be made
25by 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 retained direct principal EU legislation or primary
legislation that is retained EU law;

(b) conferring functions on the Secretary of State or any other person,
30including conferring a discretion but not including a power to make
subordinate legislation;

(c) for the delegation of functions;

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

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

(a) 35the period of five years beginning with IP completion day (“the initial
five 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) Regulations under subsection (7)(b) may not extend the initial five year period,
40or a further period specified in regulations under that subsection, by more than
five years.

3 Regulations: devolved authorities and general provision

(1) Regulations 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) Schedule 1 contains restrictions on the exercise of the powers in sections 1(1)
5and 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
regulations made under section 1(1) or 2(1).

4 10Interpretation of Part 1

(1) In this Part—

• “appropriate authority” means—

  (a)

  a Minister of the Crown, or

  (b)

  a devolved authority;

• 15“devolved authority” means—

  (a)

  the Scottish Ministers,

  (b)

  the Welsh Ministers, or

  (c)

  a Northern Ireland department;

• “free trade agreement” means an agreement that is or was notifiable
  20under—

  (a)

  paragraph 7(a) of Article XXIV of GATT, or

  (b)

  paragraph 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);

• 25“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)

  an Act of the Scottish Parliament,

  (c)

  30a Measure or Act of Senedd Cymru, or

  (d)

  Northern Ireland legislation;

• “subordinate legislation” has the meaning given in section 20(1) of the
  European Union (Withdrawal) Act 2018;

• “the WTO Agreement” means the agreement establishing the World
  35Trade 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) 40acceding to the agreement.

(3) References in this Part to anything which is retained EU law by virtue of
section 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
45or procedures concerned.

(4) In this section, “domestic law” means the law of England and Wales, Scotland
or Northern Ireland.

Part 2 The Trade Remedies Authority

5 5The 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) Schedule 5 contains provision about schemes for the transfer of staff in
10connection with the establishment of 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) the conduct of an international trade dispute,

(b) 15functions 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
20other 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) 25have 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
30considers appropriate in relation to—

(a) international trade, and

(b) trade remedies.

Part 3 Trade information

7 35Collection 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) 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
5provision about—

(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
10Parliament.

(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) 15Any 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
20disclose 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) 25A 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
30Customs (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,

35section 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
40disclosed 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) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
45Investigatory 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 General

9 5Interpretation

In this Act—

• “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
  10to be read accordingly).

10 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
15the enactment amended.

11 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
20different 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) 25Regulations under subsection (2) may make transitional, transitory or saving
provision.

12 Short title

This Act may be cited as the Trade Act 2020.

SCHEDULES

Section 3(2)

SCHEDULE 1 Restrictions on devolved authorities

No power to make provision outside devolved competence

1 (1) 5No provision may be made by a devolved authority under section 1(1) or
2(1) unless the provision is within the devolved competence of the devolved
authority.

(2) See paragraphs 6 to 8 for the meaning of “devolved competence”.

Requirement for consultation in certain circumstances

2 (1) 10No regulations may be made by a devolved authority acting alone under
section 2(1) so far as the regulations are to come into force before IP
completion day, unless the regulations are, to that extent, made after
consulting with a Minister of the Crown.

(2) No regulations may be made by a devolved authority acting alone under
15section 2(1) so far as the regulations make provision about any quota
arrangements or are incompatible with any such arrangements, unless the
regulations are, to that extent, made after consulting with a Minister of the
Crown.

(3) In sub-paragraph (2) “quota arrangements” means any arrangements for, or
20in connection with, the division of responsibility within the United
Kingdom or an area including the United Kingdom for—

(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
25(whether expressed as an amount, proportion or ratio or otherwise) or (as
the case may be) the benefit is so defined.

Requirement for consent where it would otherwise be required

3 (1) The consent of a Minister of the Crown is required before any provision is
made by the Welsh Ministers acting alone in regulations under section 1(1)
30or 2(1) so far as that provision, if contained in an Act of Senedd Cymru,
would 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 acting alone in regulations under section
1(1) or 2(1) so far as that provision, if contained in an Act of the Northern
35Ireland Assembly, would require the consent of the Secretary of State.

(3) Sub-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) 5no 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 acting alone 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
10devolved 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,

15would 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 Senedd Cymru or
(as the case may be) an Act of the Northern Ireland Assembly,
20or

(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.

25Requirement for joint exercise where it would otherwise be required

4 (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) 30the Scottish Ministers acting jointly with a Minister of the Crown, or

(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) 35No 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
40with 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) 45a 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
the Crown.

(4) Sub-paragraph (1), (2) or (3) does not apply if the provision could be
contained in—

(a) 5an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the
case may be) an Act of the Northern Ireland Assembly 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) 10the Scottish Ministers, the First Minister or the Lord
Advocate acting alone,

(ii) the Welsh Ministers acting alone, or

(iii) (as the case may be), a Northern Ireland devolved authority
acting alone.

15Requirement for consultation where it would otherwise be required

5 (1) No regulations may be made under section 1(1) or 2(1) by the Welsh
Ministers acting alone, so far as they contain provision which, if contained
in an Act of Senedd Cymru, would require consultation with a Minister of
the Crown, unless the regulations are, to that extent, made after consulting
20with the Minister of the Crown.

(2) No regulations may be made under section 1(1) or 2(1) by the Scottish
Ministers acting alone, 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
25First Minister or the Lord Advocate after consulting with a Minister of the
Crown, unless the regulations 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 acting alone, so far as they contain provision which relates to a
30matter in respect of which a power to make subordinate legislation
otherwise than under this Act is exercisable by the Welsh Ministers after
consulting with a Minister of the Crown, unless the regulations are, to that
extent, made after consulting with the Minister of the Crown.

(4) No regulations may be made under section 1(1) or 2(1) by a Northern Ireland
35department acting alone, 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 Northern Ireland devolved
authority after consulting with a Minister of the Crown, unless the
regulations are, to that extent, made after consulting with the Minister of the
40Crown.

(5) Sub-paragraph (2), (3) or (4) does not apply if—

(a) the provision could be contained in an Act of the Scottish Parliament,
an Act of Senedd Cymru or (as the case may be) an Act of the
Northern Ireland Assembly, and

(b) 45there would be no requirement for the consent of a Minister of the
Crown, or for consultation with a Minister of the Crown, in that case.

(6) Sub-paragraph (2), (3) or (4) does not apply if—