The Provision of Services Regulations 2009

Multi-disciplinary activities

35.—(1) A competent authority may not subject the provider of a service to any requirement which—

(a) obliges the provider to exercise a specific service activity exclusively, or

(b) restricts the exercise, jointly or in partnership, of different activities.

(2) Paragraph (1) does not prevent a competent authority for a regulated profession from imposing a requirement if or to the extent that—

(a) the requirement is justified in order to guarantee compliance with the rules governing ethics and conduct in that profession, and

(b) the requirement is necessary in order to ensure the impartiality and independence of that profession.

(3) Paragraph (4) applies where a competent authority has not imposed on a provider of a service carrying on a regulated profession—

(a) an obligation within paragraph (1)(a), or

(b) a restriction within paragraph (1)(b) that prohibits the exercise of different activities.

(4) The competent authority must ensure that—

(a) conflicts of interest are avoided,

(b) independence and impartiality are secured as required, and

(c) the rules governing professional ethics and conduct for different activities are compatible with one another (including in particular in relation to matters of professional secrecy).

(5) In the case of certification, accreditation, technical monitoring, test or trial services, paragraph (1) does not prevent a competent authority from imposing a requirement if, or to the extent that, the requirement is necessary in order to ensure the independence and impartiality of the provider of the service.

(6) Paragraph (7) applies where a competent authority has not imposed on a provider of a service referred to in paragraph (5)—

(a) an obligation within paragraph (1)(a), or

(b) a restriction within paragraph (1)(b) that prohibits the exercise of different activities.

(7) The competent authority must ensure that—

(a) conflicts of interest are avoided,

(b) independence and impartiality are secured as required, and

(c) the rules governing the provision of that service, and the carrying on of the other activity, are compatible (including in particular in relation to matters of professional secrecy).