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United Kingdom Internal Market Act 2020 (c. 27)

United Kingdom Internal Market Act 2020 2020 CHAPTER 27 An Act to make provision in connection with the internal market for goods and services in the United Kingdom (including provision about the recognition of professional and other qualifications); to make provision in connection with provisions of the Northern Ireland Protocol relating to trade and state aid; to authorise the provision of financial assistance by Ministers of the Crown in connection with economic development, infrastructure, culture, sport and educational or training activities and exchanges; to make regulation of the provision of distortive or harmful subsidies a reserved or excepted matter; and for connected purposes. [17th December 2020] B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Legislation

Table of Content

1. Mutual recognition: goods U.K.

2. The mutual recognition principle for goods U.K.

3. Relevant requirements for the purposes of section 2 U.K.

4. Non-discrimination: goods U.K.

5. The non-discrimination principle for goods U.K.

6. Relevant requirements for the purposes of the non-discrimination principle U.K.

7. The non-discrimination principle: direct discrimination U.K.

8. The non-discrimination principle: indirect discrimination U.K.

9. Exclusions from market access principles U.K.

10. Supplementary U.K.

11. Modifications in connection with the Northern Ireland Protocol U.K.

12. Guidance relating to Part 1 U.K.

13. Duty to review the use of Part 1 amendment powers U.K.

14. Sale of goods complying with local law U.K.

15. Interpretation of references to “sale” in Part 1 U.K.

16. Interpretation of other expressions used in Part 1 U.K.

17. Services: overview U.K.

18. Services: exclusions U.K.

19. Services: mutual recognition of authorisation requirements U.K.

20. Direct discrimination in the regulation of services U.K.

21. Indirect discrimination in the regulation of services U.K.

22. Duty to review the use of Part 2 amendment powers U.K.

23. Interpretation of Part 2 U.K.

24. Access to professions on grounds of qualifications or experience U.K.

25. Meaning of “qualified” UK resident U.K.

26. Exception from section 24 where individual assessment offered U.K.

27. Other exceptions from section 24 U.K.

28. Professional regulation not within section 24: equal treatment U.K.

29. General provision about functions under Part 4 U.K.

30. Functions of the CMA under Part 4: general provisions U.K.

31. Objective and general functions U.K.

32. Reporting, advisory and monitoring functions U.K.

33. Monitoring and reporting on the operation of the UK internal market U.K.

34. Advising etc on proposed regulatory provisions on request U.K.

35. Provision of report on request after regulatory provision is passed or made U.K.

36. Report on request on provision considered to have detrimental effects U.K.

37. Statements on reports under section 36 U.K.

38. Reports under Part 4 U.K.

39. General advice and information with regard to exercise of functions U.K.

40. Information-gathering powers U.K.

41. Information-gathering powers U.K.

42. Enforcement U.K.

43. Review U.K.

44. Interpretation U.K.

45. Ongoing guarantee of UK internal market access for qualifying Northern Ireland goods U.K.

45. Goods moved from Northern Ireland: position in relation to export procedures U.K.

45. Further protections in respect of Northern Ireland’s place in the UK internal market U.K.

46. Unfettered access U.K.

47. State aid U.K.

48. Guidance on Article 10 of the Northern Ireland Protocol U.K.

49. Notification of state aid for the purposes of the Northern Ireland Protocol U.K.

50. Power to provide financial assistance for economic development etc U.K.

51. Financial assistance: supplementary U.K.

52. Regulation of distortive or harmful subsidies U.K.

53. UK subsidy control consultation: engagement with the devolved authorities on the Government response U.K.

54. Protection of Act against modification U.K.

55. Further provision in connection with the Northern Ireland Protocol U.K.

56. Regulations: general U.K.

57. Regulations: references to parliamentary procedures U.K.

58. Interpretation: general U.K.

59. Procedure of OIM task groups U.K.

1. Mutual recognition: goods U.K.

2. The mutual recognition principle for goods U.K.

3. Relevant requirements for the purposes of section 2 U.K.

4. Non-discrimination: goods U.K.

5. The non-discrimination principle for goods U.K.

6. Relevant requirements for the purposes of the non-discrimination principle U.K.

7. The non-discrimination principle: direct discrimination U.K.

8. The non-discrimination principle: indirect discrimination U.K.

9. Exclusions from market access principles U.K.

10. Supplementary U.K.

11. Modifications in connection with the Northern Ireland Protocol U.K.

12. Guidance relating to Part 1 U.K.

13. Duty to review the use of Part 1 amendment powers U.K.

14. Sale of goods complying with local law U.K.

15. Interpretation of references to “sale” in Part 1 U.K.

16. Interpretation of other expressions used in Part 1 U.K.

17. Services: overview U.K.

18. Services: exclusions U.K.

19. Services: mutual recognition of authorisation requirements U.K.

20. Direct discrimination in the regulation of services U.K.

21. Indirect discrimination in the regulation of services U.K.

22. Duty to review the use of Part 2 amendment powers U.K.

23. Interpretation of Part 2 U.K.

24. Access to professions on grounds of qualifications or experience U.K.

25. Meaning of “qualified” UK resident U.K.

26. Exception from section 24 where individual assessment offered U.K.

27. Other exceptions from section 24 U.K.

28. Professional regulation not within section 24: equal treatment U.K.

29. General provision about functions under Part 4 U.K.

30. Functions of the CMA under Part 4: general provisions U.K.

31. Objective and general functions U.K.

32. Reporting, advisory and monitoring functions U.K.

33. Monitoring and reporting on the operation of the UK internal market U.K.

34. Advising etc on proposed regulatory provisions on request U.K.

35. Provision of report on request after regulatory provision is passed or made U.K.

36. Report on request on provision considered to have detrimental effects U.K.

37. Statements on reports under section 36 U.K.

38. Reports under Part 4 U.K.

39. General advice and information with regard to exercise of functions U.K.

40. Information-gathering powers U.K.

41. Information-gathering powers U.K.

42. Enforcement U.K.

43. Review U.K.

44. Interpretation U.K.

45. Ongoing guarantee of UK internal market access for qualifying Northern Ireland goods U.K.

45. Goods moved from Northern Ireland: position in relation to export procedures U.K.

45. Further protections in respect of Northern Ireland’s place in the UK internal market U.K.

46. Unfettered access U.K.

47. State aid U.K.

48. Guidance on Article 10 of the Northern Ireland Protocol U.K.

49. Notification of state aid for the purposes of the Northern Ireland Protocol U.K.

50. Power to provide financial assistance for economic development etc U.K.

51. Financial assistance: supplementary U.K.

52. Regulation of distortive or harmful subsidies U.K.

53. UK subsidy control consultation: engagement with the devolved authorities on the Government response U.K.

54. Protection of Act against modification U.K.

55. Further provision in connection with the Northern Ireland Protocol U.K.

56. Regulations: general U.K.

57. Regulations: references to parliamentary procedures U.K.

58. Interpretation: general U.K.

59. Procedure of OIM task groups U.K.

Section 1

1. Mutual recognition: goods U.K.

(1) This Part promotes the continued functioning of the internal market for goods in the United Kingdom by establishing the United Kingdom market access principles. (2) The United Kingdom market access principles are— (a) the mutual recognition principle for goods (see sections 2 to 4), and (b) the non-discrimination principle for goods (see sections 5 to 9). (3) Those principles have no direct legal effect except as provided by this Part. Commencement Information I1 S. 1 in force at 31.12.2020 by S.I. 2020/1621 , reg. 2(a)

Section 2

2. The mutual recognition principle for goods U.K.

(1) The mutual recognition principle for goods is the principle that goods which— (a) have been produced in, or imported into, one part of the United Kingdom (“the originating part”), and (b) can be sold there without contravening any relevant requirements that would apply to their sale, should be able to be sold in any other part of the United Kingdom, free from any relevant requirements that would otherwise apply to the sale. (2) Where goods are to be sold in a particular way in the other part of the United Kingdom, the condition in subsection (1)(b) has effect as if the reference to “their sale” were a reference to their sale in that particular way. So, for example, if goods are to be sold by auction, the condition is met if (and only if) they can be sold by auction in the originating part without contravening any applicable relevant requirements there. (3) Where the principle applies in relation to a sale of goods in a part of the United Kingdom because the conditions in subsection (1)(a) and (b) are met, any relevant requirements there do not apply in relation to the sale. Commencement Information I2 S. 2 in force at 31.12.2020 by S.I. 2020/1621 , reg. 2(a)

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United Kingdom Internal Market Act 2020 (c. 27)

1. Mutual recognition: goods U.K.

2. The mutual recognition principle for goods U.K.

United Kingdom Internal Market Act 2020 (c. 27)

1. Mutual recognition: goods U.K.

2. The mutual recognition principle for goods U.K.