Draft Regulations laid before Parliament under sections 18(7) and 57(1) of the United Kingdom Internal Market Act 2020, for approval by resolution of each House of Parliament.

2023 No. XXXX

United Kingdom Internal Market

The United Kingdom Internal Market Act 2020 (Services Exclusions) Regulations 2023

Made

Coming into force

The Secretary of State in exercise of the powers conferred by section 18(2) of the United Kingdom Internal Market Act 20201 (“the Act”), makes the following Regulations.

In accordance with section 18(8) of the Act the Secretary of State has sought the consent of the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland to the making of these Regulations.

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament in accordance with sections 18(7) and 57(1) of the Act.

Citation and commencement1

1

These Regulations may be cited as the United Kingdom Internal Market Act 2020 (Services Exclusions) Regulations 2023.

2

These Regulations come into force on the day after the day on which they are made.

Amendment of Schedule 2 to the United Kingdom Internal Market Act 20202

For Parts 1 and 2 of Schedule 2 to the United Kingdom Internal Market Act 2020 (services exclusions) substitute the following—

PART 1SERVICES TO WHICH SECTION 19 (MUTUAL RECOGNITION) DOES NOT APPLY

Services

(examples of those services)

Audiovisual services

terrestrial, cable or satellite television, video on demand, film services, radio services, video sharing services, video recording services, video games services

Debt collection services

services of bailiffs, messengers-at-arms and sheriff officers

Gambling services

accepting bets, operating a lottery or providing facilities for gambling

Healthcare services

healthcare services provided in hospitals, other healthcare facilities or at other places, xenotransplantation, human genetics, human fertilisation, embryology, services in connection with surrogacy

Legal services

provision of legal advice, litigation services

Notarial services

Private security services

Services connected with the construction or operation of heat networks or the supply of thermal energy by means of heat networks

Services connected with the supply of natural gas through pipelines or production or storage of natural gas

transportation of gas, retail supply, operation of a gas interconnector

Services connected with the supply or production of electricity

distribution or transmission of electricity, retail supply, operation of an electricity interconnector

Services provided by a person exercising functions of a public nature or by a person acting on behalf of such a person in connection with the exercise of functions of a public nature

Services provided in respect of the award or authentication of academic or vocational qualifications

Services relating to social housing, childcare, children’s social care, adult social care and other support of families and persons permanently or temporarily in need

Transport services

railways, operation of ports, air transport, air traffic services, road transport of goods and passengers, ancillary services

Waste services

disposal of waste, importation or exportation of waste, waste processing

Water supply and sewerage services

PART 2SERVICES TO WHICH SECTIONS 20 AND 21 (NON-DISCRIMINATION) DO NOT APPLY

Services

(examples of those services)

Audiovisual services

terrestrial, cable or satellite television, video on demand, film services, radio services, video sharing services, video recording services, video games services

Debt collection services

services of bailiffs, messengers-at-arms and sheriff officers

Gambling services

accepting bets, operating a lottery or providing facilities for gambling

Healthcare services

healthcare services provided in hospitals, other healthcare facilities or at other places, xenotransplantation, human genetics, human fertilisation, embryology, services in connection with surrogacy

Notarial services

Private security services

Services connected with the supply of natural gas through pipelines or production or storage of natural gas

transportation of gas, retail supply, operation of a gas interconnector

Services connected with the supply or production of electricity

distribution or transmission of electricity, retail supply, operation of an electricity interconnector

Services provided by a person exercising functions of a public nature or by a person acting on behalf of such a person in connection with the exercise of functions of a public nature

Services relating to social housing, childcare, children’s social care, adult social care and other support of families and persons permanently or temporarily in need

Transport services

railways, operation of ports, air transport, air traffic services, road transport of goods and passengers, ancillary services

Waste services

disposal of waste, importation or exportation of waste, waste processing

Water supply and sewerage services

NameTitleDepartment for Business and Trade
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend, add and remove entries in Part 1 and 2 of Schedule 2 to the United Kingdom Internal Market Act 2020 (Exclusion from market access principles) by substituting a revised Part 1 and 2 of Schedule 2. Part 1 sets out the services to which section 19 (mutual recognition) of that Act does not apply and Part 2 sets out services to which sections 20 and 21 (non-discrimination) do not apply.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.