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 3UK market access: professional qualifications and regulation

25Meaning of “qualified” UK resident

(1)

A UK resident is “qualified” in relation to a profession for the purposes of section 24(2) if, in any part of the United Kingdom other than the relevant part (“the other part”), the resident is qualified (within the meaning of subsections (3) to (5)) to undertake the full range of corresponding activity.

(2)

In this section—

(a)

“corresponding activity” means activity that is the same as, or substantially corresponds to, relevant professional activity;

(b)

“the full range” of corresponding activity is a range of corresponding activity that substantially corresponds to the full range of relevant professional activity;

(c)

“relevant professional activity” means activity that, in the relevant part, ordinarily comprises the practice of the profession in question.

(3)

To the extent that—

(a)

corresponding activity is ordinarily undertaken by practitioners of a particular profession in the other part, and

(b)

provision applying in the other part limits the ability to practise that profession to individuals who have certain qualifications or experience,

a UK resident is qualified to undertake the corresponding activity if the resident has the qualifications or experience required to be able to practise the profession in the other part.

(4)

To the extent that—

(a)

the position is not as described in subsection (3)(a) and (b), and

(b)

provision applying in the other part limits the ability to undertake corresponding activity to individuals who have certain qualifications or experience,

a UK resident is qualified to undertake the corresponding activity if the resident has the qualifications or experience required to do so in the other part.

(5)

To the extent that the position is not as described in subsection (3)(a) and (b) or (4)(b), any UK resident is qualified to undertake corresponding activity in the other part.

(6)

For the purposes of subsection (3)—

(a)

it does not matter that corresponding activity may also be undertaken by individuals who are not practitioners of a profession;

(b)

to the extent that corresponding activity is ordinarily undertaken by practitioners of more than one profession regulated as mentioned in subsection (3)(b), a UK resident is qualified in relation to that activity only if the resident has qualifications or experience required to be able to practise whichever of those professions most closely corresponds to the profession in the relevant part.

(7)

For the purposes of subsections (3) and (4)—

(a)

qualifications may be relied on only if they were obtained in the United Kingdom, and

(b)

experience may be relied on only if it was obtained mainly in the United Kingdom.