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

36Report on request on provision considered to have detrimental effects

(1)

The CMA may, at the request of a relevant national authority, provide a report to the authority on the economic impact of a regulatory provision passed or made after the day on which this section comes into force, where—

(a)

the regulatory provision falls within the scope of this Part, and

(b)

the requesting authority considers that the operation of the regulatory provision is, or may come to be, detrimental to the effective operation of the internal market in the United Kingdom.

(2)

The CMA’s function under subsection (1) is exercisable regardless of whether or not a relevant national authority has exercised the power under section 34(1) in relation to the regulatory provision in question.

(3)

A relevant national authority may not request a report from the CMA under subsection (1) unless it has considered whether any other person or body is qualified to provide an independent report on the matter.

(4)

Subsections (1) to (3) apply in relation to the making of a request by two or more relevant national authorities acting jointly as they apply in relation to the making of a request by a single relevant national authority.

(5)

A request under subsection (1) must set out the reasons for making it.

(6)

If the CMA declines to provide a report requested under subsection (1) it must—

(a)

give the requesting authority (or each of them simultaneously, if more than one) a notice of its reasons for doing so, and

(b)

publish the notice in such manner as it considers appropriate.

(7)

Where the CMA provides a report under subsection (1)—

(a)

it must provide a copy of the report to each relevant national authority who did not request the report, and

(b)

the provision of the report to the requesting authority (or each requesting authority) and each recipient mentioned in paragraph (a) must be simultaneous.

(8)

As soon as reasonably practicable after the condition in subsection (9) has been met, but in any case no later than the end of the period of 6 months beginning with the day on which the CMA complies with subsection (7), the CMA must arrange for a copy of the report to be laid before—

(a)

each House of Parliament,

(b)

the Scottish Parliament,

(c)

Senedd Cymru, and

(d)

the Northern Ireland Assembly.

(9)

The condition mentioned in subsection (8) is that each relevant national authority has notified the CMA that it does not require any further time for private consideration of the report provided or copied to it under this section.

(10)

The CMA must publish the report in such manner as it considers appropriate, but may not do so until it has made the arrangements mentioned in subsection (8) and the report has been laid in accordance with one or more of paragraphs (a) to (d) of that subsection.