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 1UK market access: goods

Non-discrimination: goods

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

(1)

This section defines “relevant requirement” for the purposes of the non-discrimination principle for goods.

(2)

A relevant requirement, for the purposes of the principle as it has effect in relation to a part of the United Kingdom, is a statutory provision that—

(a)

applies in that part of the United Kingdom to, or in relation to, goods sold in that part, and

(b)

is within the scope of the non-discrimination principle.

(3)

A statutory provision is within the scope of the non-discrimination principle if it relates to any one or more of the following—

(a)

the circumstances or manner in which goods are sold (such as where, when, by whom, to whom, or the price or other terms on which they may be sold);

(b)

the transportation, storage, handling or display of goods;

(c)

the inspection, assessment, registration, certification, approval or authorisation of the goods or any similar dealing with them;

(d)

the conduct or regulation of businesses that engage in the sale of certain goods or types of goods.

(4)

A statutory provision is not a relevant requirement—

(a)

to the extent that it is a relevant requirement for the purposes of the mutual recognition principle for goods (see section 3), or

(b)

if section 9 (exclusion of certain existing provisions) so provides.

(5)

The Secretary of State may by regulations amend subsection (3) so as to add, vary or remove a paragraph of that subsection.

(6)

Regulations under subsection (5) are subject to affirmative resolution procedure.

(7)

Before making regulations under subsection (5) the Secretary of State must seek the consent of the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.

(8)

If consent to the making of the regulations is not given by any of those authorities within the period of one month beginning with the day on which it is sought from that authority, the Secretary of State may make the regulations without that consent.

(9)

If regulations are made in reliance on subsection (8), the Secretary of State must publish a statement explaining why the Secretary of State decided to make the regulations without the consent of the authority or authorities concerned.

(10)

In this section “statutory provision” means provision contained in legislation.