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The Provision of Services Regulations 2009

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Provision of Services Regulations 2009 No. 2999

Freedom to provide services

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24.—(1) A competent authority must not make access to, or the exercise of, a service activity subject to compliance with any requirement that does not respect the following principles—

(a)non-discrimination, that is, that the requirement must be neither directly nor indirectly discriminatory with regard to nationality or with regard to an EEA state in which the provider of a service is established;

(b)necessity, that is, that the requirement must be justified for reasons of public policy, public security, public health or the protection of the environment;

(c)proportionality, that is, that the requirement must be suitable for attaining the objective pursued and must not go beyond what is necessary to attain that objective.

(2) A competent authority may not restrict the right of the provider of a service to provide the service by imposing any of the following requirements—

(a)an obligation on the provider to be established in the United Kingdom;

(b)an obligation on the provider to obtain an authorisation from a competent authority in the United Kingdom, including entry in a register or registration with a professional body or association in the United Kingdom, except where provided for by—

(i)a provision of an enactment implementing a Community obligation, where the enactment is passed or made before the day on which these Regulations are made, or

(ii)a provision of any directly applicable Community instrument coming into force before that day;

(c)a ban on the provider setting up a certain form or type of infrastructure in the United Kingdom, including an office or chambers, which the provider needs in order to supply the services in question;

(d)the application of specific contractual arrangements between the provider and a recipient of the service which prevent or restrict service provision by the self-employed;

(e)an obligation on the provider to possess an identity document issued by a competent authority in the United Kingdom specific to the exercise of a service activity;

(f)requirements, except for those necessary for health and safety at work, affecting the use of equipment and material that are an integral part of the service provided;

(g)requirements referred to in regulation 29(1).

(3) Paragraph (2) does not prevent a competent authority from—

(a)imposing requirements that are justified for reasons of public policy, public security, public health or the protection of the environment (and which comply with paragraph (1)), or

(b)applying, in accordance with Community law, rules in force in the United Kingdom as regards employment conditions, including those laid down in collective agreements.

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