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

Information-gathering powers

41Information-gathering powers

(1)

The powers under this section may be exercised for the purpose of assisting the CMA in carrying out any of its functions under—

(a)

section 33, 34, 35 or 36; or

(b)

section 5 of the Enterprise Act 2002 (acquisition of information etc) in connection with a matter in relation to which the CMA proposes to undertake a review, prepare a report, or give advice under any of the sections mentioned in paragraph (a).

(2)

The CMA may by notice in writing require a person to produce any document which—

(a)

is specified or otherwise identified in the notice; and

(b)

is in that person’s custody or under that person’s control.

(3)

The CMA may by notice in writing require any person who carries on a business to provide such estimates, forecasts, returns or other information as may be specified or otherwise described in the notice.

(4)

A notice under subsection (2) or (3) may specify—

(a)

the time and place at which,

(b)

the form and manner in which, and

(c)

the person to whom,

a document or information is to be produced or provided.

(5)

A notice under subsection (2) or (3) may require the provision of a legible and intelligible copy of information which is recorded otherwise than in legible form.

(6)

A notice under subsection (2) or (3) must—

(a)

state the purpose for which the notice is given, including which of the functions mentioned in subsection (1) is relevant; and

(b)

include information about the potential consequences of not complying with the notice.

(7)

The person to whom any document is produced in accordance with a notice under subsection (2) or (3) may copy the document.

(8)

A notice under subsection (2) or (3) may not require a person—

(a)

to produce or provide any document or information which the person could not be compelled to produce, or give in evidence, in civil proceedings before the court; or

(b)

to go more than 10 miles from the person’s place of residence, unless the person’s necessary travelling expenses are paid or offered to them.

(9)

In this section “the court” means—

(a)

in relation to England and Wales or Northern Ireland, the High Court; and

(b)

in relation to Scotland, the Court of Session.

(10)

In Schedule 14 to the Enterprise Act 2002 (disclosure of information: specified functions) at the appropriate place insert—

  • “Part 4 of the United Kingdom Internal Market Act 2020.”.