Legislation – United Kingdom Internal Market Act 2020

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Introduction

PART 1
UK market access: goods

1 Purpose of Part 1

2 The mutual recognition principle for goods

3 Relevant requirements for the purposes of section 2

4 Exclusion of certain requirements existing before commencement

5 The non-discrimination principle for goods

6 Relevant requirements for the purposes of the non-discrimination principle

7 The non-discrimination principle: direct discrimination

8 The non-discrimination principle: indirect discrimination

9 Exclusion of certain provision existing before commencement

10 Further exclusions from market access principles

11 Modifications in connection with the Northern Ireland Protocol

12 Guidance relating to Part 1

13 Duty to review the use of Part 1 amendment powers

14 Sale of goods complying with local law

15 Interpretation of references to “sale” in Part 1

16 Interpretation of other expressions used in Part 1

PART 2
UK market access: services

17 Services: overview

18 Services: exclusions

19 Services: mutual recognition of authorisation requirements

20 Direct discrimination in the regulation of services

21 Indirect discrimination in the regulation of services

22 Duty to review the use of Part 2 amendment powers

23 Interpretation of Part 2

PART 3
UK market access: professional qualifications and regulation

24 Access to professions on grounds of qualifications or experience

25 Meaning of “qualified” UK resident

26 Exception from section 24 where individual assessment offered

27 Other exceptions from section 24

28 Professional regulation not within section 24: equal treatment

29 Interpretation of Part 3

PART 4
Independent advice on and monitoring of UK internal market

30 Functions of the CMA under Part 4: general provisions

31 Objective and general functions

32 Office for the Internal Market panel and task groups

33 Monitoring and reporting on the operation of the UK internal market

34 Advising etc on proposed regulatory provisions on request

35 Provision of report on request after regulatory provision is passed or made

36 Report on request on provision considered to have detrimental effects

37 Statements on reports under section 36

38 Reports under Part 4

39 General advice and information with regard to exercise of functions

40 Laying of annual documents before devolved legislatures

41 Information-gathering powers

42 Enforcement

43 Penalties

44 Duty to review arrangements for carrying out Part 4 functions

45 Interpretation of Part 4

PART 5
Northern Ireland Protocol

46 Northern Ireland’s place in the UK internal market and customs territory

47 Unfettered access to UK internal market for Northern Ireland goods

48 Guidance on Article 10 of the Northern Ireland Protocol

49 Notification of state aid for the purposes of the Northern Ireland Protocol

PART 6
Financial assistance

50 Power to provide financial assistance for economic development etc

51 Financial assistance: supplementary

PART 7
Subsidy control

52 Regulation of distortive or harmful subsidies

53 UK subsidy control consultation: engagement with the devolved authorities on the Government response

PART 8
Final provisions

54 Protection of Act against modification

55 Further provision in connection with the Northern Ireland Protocol

56 Regulations: general

57 Regulations: references to parliamentary procedures

58 Interpretation: general

59 Extent, commencement and short title

SCHEDULES

SCHEDULE 1 Exclusions from market access principles

SCHEDULE 2 Services exclusions

SCHEDULE 3 Constitution etc of Office for the Internal Market panel and task groups

PART 4Independent advice on and monitoring of UK internal market

Reporting, advisory and monitoring functions

37Statements on reports under section 36

(1)

Subsection (2) applies where a report (or copy of it) relating to a regulatory provision has been laid before each House of Parliament, the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly in accordance with section 36(8).

(2)

The following authorities must make a statement on the report to Parliament—

(a)

the responsible authority for each affected part of the United Kingdom;

(b)

the appropriate authority in relation to each relevant national authority which requested the CMA’s report.

(3)

In subsection (2) “to Parliament” means—

(a)

where the responsible authority or (as the case may be) appropriate authority is the Scottish Ministers, to the Scottish Parliament;

(b)

where the responsible authority or (as the case may be) appropriate authority is the Welsh Ministers, to Senedd Cymru;

(c)

where the responsible authority or (as the case may be) appropriate authority is the First Minister and deputy First Minister acting jointly, to the Northern Ireland Assembly.

(4)

A duty of the Secretary of State under subsection (2) to make a statement to Parliament is to be discharged by laying a copy of the statement before each House of Parliament.

(5)

In this section—

“affected part of the United Kingdom”, in relation to a regulatory provision, means a part of the United Kingdom to which the provision applies;

“appropriate authority”, in relation to a relevant national authority who is the Secretary of State, the Scottish Ministers or the Welsh Ministers, means that relevant national authority;

“appropriate authority”, in relation to a relevant national authority who is a Northern Ireland department, means the First Minister and deputy First Minister acting jointly.

(6)

In this section “responsible authority”, in relation to Scotland, means—

(a)

if the regulatory provision is not within Scottish devolved competence, the Secretary of State;

(b)

otherwise, the Scottish Ministers.

(7)

In this section “responsible authority”, in relation to Wales, means—

(a)

if the regulatory provision is not within Welsh devolved competence, the Secretary of State;

(b)

otherwise, the Welsh Ministers.

(8)

In this section “responsible authority”, in relation to Northern Ireland, means—

(a)

if the regulatory provision is not within Northern Ireland devolved competence, the Secretary of State;

(b)

otherwise, the First Minister and deputy First Minister acting jointly.

(9)

In this section “responsible authority”, in relation to England, means the Secretary of State.