PART 2

UK market access: services

Direct discrimination in the regulation of services
20
1
A regulatory requirement that directly discriminates against a service provider is of no effect in relation to that service provider.
2
A regulatory requirement directly discriminates against a service provider if—
a
it has, or would have, the effect of treating the service provider less favourably than other service providers, and
b
the reason for that less favourable treatment is the service provider's relevant connection, or lack of relevant connection, to a part of the United Kingdom.
3
A regulatory requirement is not to be taken to directly discriminate against a service provider to the extent the requirement can reasonably be justified as a response to a public health emergency.
4
For the purposes of this section, a service provider has a relevant connection to a part of the United Kingdom if the service provider—
a
has a registered office, place of business or residence in that part,
b
provides services from that part, or
c
has members, partners, officers or staff with a registered office, place of business, or residence in that part.
S. 20 in force at 31.12.2020 by S.I. 2020/1621, reg. 2(b)