Legislation – United Kingdom Internal Market Act 2020

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

44 Duty to review arrangements for carrying out Part 4 functions

45 Interpretation of Part 4

PART 5
Northern Ireland Protocol

45A Ongoing guarantee of UK internal market access for qualifying Northern Ireland goods

45B Goods moved from Northern Ireland: position in relation to export procedures

45C Further protections in respect of Northern Ireland’s place in the UK internal market

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

46A Guidance relating to section 46

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

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the United Kingdom Internal Market Act 2020, Section 46.

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PART 5Northern Ireland Protocol

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

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

(1)

An appropriate authority must have special regard to the following matters when exercising any function for a relevant purpose—

(a)

the need to maintain Northern Ireland’s integral place in the United Kingdom’s internal market;

(b)

the need to respect Northern Ireland’s place as part of the customs territory of the United Kingdom; and

(c)

the need to facilitate the free flow of goods between Great Britain and Northern Ireland with the aim of—

(i)

streamlining trade between Great Britain and Northern Ireland, and

(ii)

maintaining and strengthening the integrity and smooth operation of the internal market in the United Kingdom.

(2)

A function is exercised for “a relevant purpose” if it is exercised for—

(a)

the purpose of—

(i)

implementing, or

(ii)

otherwise dealing with matters arising out of, or related to,

the Northern Ireland Protocol,

(b)

the purpose of enabling or facilitating a purpose described in paragraph (a) to be achieved, or

(c)

a purpose relating to movement of goods within the United Kingdom (including movement that involves movement in a country or territory outside the United Kingdom).

(3)

In this section “appropriate authority” means—

(a)

a Minister of the Crown;

(b)

the Scottish Ministers;

(c)

the Welsh Ministers;

(d)

the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;

(e)

any other person who exercises functions of a public nature.