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United Kingdom Internal Market Act 2020

Contents

Schedules

Schedule 1: Exclusions from market access principles

  1. This schedule sets out what requirements are excluded from the market access principles in Part 1.
  2. Paragraph 1 sets out the circumstances for when the market access principles will not apply to legislation aimed at preventing or reducing the movement of a pest or disease into a part of the UK where it poses, or would pose, a serious threat to the health of humans, animals or plants.
  3. Subparagraphs (2) to (7) set out the conditions which the part of the UK relying on the exclusion must satisfy.
  4. Subparagraph (8) defines "pest or disease" as it is referred to in paragraph 1.
  5. Paragraph 2 sets out the circumstances when the mutual recognition principle for goods will not apply to legislation aimed at preventing or reducing the movement of unsafe food or feed that poses a serious threat to the health of humans or animals.
  6. Subparagraphs (2) to (6) set out the conditions which the legislation is required to meet to allow for the exclusion to be implemented.
  7. Paragraph 2, subparagraph (7) defines "food and feed" as it is referred to in paragraph 2.
  8. Paragraph 3 provides that references to "legislation" in paragraphs 1 and 2 of Schedule 1 also includes the exercise of powers provided for in legislation for the purposes set out in paragraphs 1(2) or 2(2).
  9. Paragraph 4 sets out the meaning of "responsible administration" for the purpose of paragraphs 1 and 2.
  10. Paragraph 5 sets out that if a relevant requirement can be reasonably justified in response to a public health emergency, it will not directly discriminate. Subparagraph (2) of paragraph 5 further defines "public health emergency", "relevant requirement", "incoming goods" and "destination part".
  11. Paragraphs 6 to 8 sets out the narrow exclusion from mutual recognition that will apply to certain chemicals authorisations under Chapter 2 of Title 7 of the REACH regulation.
  12. Paragraphs 9 and 10 set out the narrow exclusion for fertilisers and pesticides from mutual recognition.
  13. Paragraph 11 defines the exclusions from both mutual recognition and non-discrimination provisions for any legislation that imposes, or relates to the imposition of, any tax, rate, duty or charge.
  14. Paragraph 12 provides that indirect discrimination does not apply to requirements made by, or under, Acts of Parliament where these requirements apply both to goods in the originating and destination parts.

Schedule 2: Services Exclusions

  1. This schedule is divided into four parts. Services listed in the first column of the table in Part 1 are not subject to the mutual recognition principle in section 19. Services listed in the first column of the table in Part 2 are not subject to the non-discrimination principle in section 20 and section 21. If a service is listed in both Part 1 and Part 2 of the Schedule, then neither of the principles in Part 2 of the Act apply to regulation of that service.
  2. Requirements listed in Part 3 are not subject to the mutual recognition principle in section 19. Requirements listed in Part 4 are not subject to the non-discrimination principle in section 20 and section 21.

Schedule 3: Constitution etc of Office for the Internal Market panel and task groups

  1. This Schedule sets out the constitution of the OIM panel and task groups. The Part 4 functions of the CMA may be delegated to task groups. It provides for the appointment by the Secretary of State of an OIM panel Chair, who will also be a member of the CMA Board, as well as appointments to the OIM panel.
  2. Paragraph 2 amends Schedule 4 to the Enterprise and Regulatory Reform Act 2013 to provide for the appointment of the OIM panel chair (who will also be a member of the CMA board) and the OIM panel members. In making appointments, the Secretary of State must have regard to the desirability of securing a variety of skills, knowledge and experience and an appropriate balance of such skills on the operation of the internal market in different parts of the UK. Before making an appointment to the OIM panel (including the OIM panel chair) the Secretary of State must seek the consent of the Scottish and Welsh Ministers and the Department for the Economy in Northern Ireland. If consent is not given within one month of being sought the Secretary of State may make the appointments to the OIM panel but must inform the devolved administration(s) which did not give consent the reasons for the decision to proceed without consent.
  3. Paragraphs 3 to 7 define the length of time a person can sit on the OIM panel, as well as making provision for concurrent panel appointments, limited re-appointments and resignations.
  4. Part 3A inserted in Schedule 4 to the 2013 Act sets out further governance arrangements for members of the OIM panel, and the constitution and membership of the OIM task groups set up by the OIM panel Chair, to allow OIM panel members to undertake work to carry out the CMA’s functions in Part 4 of this Act.

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