Search Legislation

United Kingdom Internal Market Act 2020

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 21

 Help about opening options

Alternative versions:

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to United Kingdom Internal Market Act 2020. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 21:

Prospective

21Indirect discrimination in the regulation of servicesU.K.

This section has no associated Explanatory Notes

(1)A regulatory requirement that indirectly discriminates against an incoming service provider is of no effect in relation to that incoming service provider.

(2)A regulatory requirement indirectly discriminates against an incoming service provider if—

(a)it does not directly discriminate against the incoming service provider (within the meaning of section 20),

(b)it puts the incoming service provider at a relevant disadvantage,

(c)it has an adverse market effect, and

(d)it cannot reasonably be considered a necessary means of achieving a legitimate aim.

(3)A regulatory requirement puts an incoming service provider at a relevant disadvantage if—

(a)it puts the incoming service provider at a disadvantage in relation to the provision of services in the part of the United Kingdom in which the requirement applies, and

(b)it does not put, or would not put, each local service provider at that disadvantage in relation to the provision of those services in that part (at all or to the same extent).

(4)A regulatory requirement puts a service provider at a disadvantage in relation to the provision of services in a part of the United Kingdom if it makes it in any way more difficult, or less attractive, for the service provider to provide the services in that part.

(5)A regulatory requirement has an adverse market effect if, by putting an incoming service provider (or incoming service providers) at a relevant disadvantage in relation to the provision of services, it has a significant adverse effect on competition in the market for those services in the United Kingdom.

(6)For the purposes of subsections (1) to (5)—

(a)an “incoming service provider” is a service provider that—

(i)provides the services in the part of the United Kingdom in which the regulatory requirement applies, but

(ii)does not have a relevant connection to that part;

(b)a “local service provider” is a service provider that—

(i)provides the services in the part of the United Kingdom in which the regulatory requirement applies,

(ii)has a relevant connection to that part, and

(iii)does not have a relevant connection to another part of the United Kingdom;

(c)a service provider has a “relevant connection” to a part of the United Kingdom if the service provider—

(i)has a registered office, place of business or residence in that part, or

(ii)provides the services from that part.

(7)In this section “legitimate aim” means one, or a combination of any, of the following aims—

(a)the protection of the life or health of humans, animals or plants;

(b)the protection of public safety or security;

(c)the efficient administration of justice.

(8)The Secretary of State may by regulations amend subsection (7) so as to add, vary or remove a legitimate aim.

(9)Regulations under subsection (8) are subject to affirmative resolution procedure.

(10)Before making regulations under subsection (8), the Secretary of State must seek the consent of the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.

(11)If consent to the making of the regulations is not given by any of those authorities within the period of one month beginning with the day on which it is sought from that authority, the Secretary of State may make the regulations without that consent.

(12)If regulations are made in reliance on subsection (11), the Secretary of State must publish a statement explaining why the Secretary of State decided to make the regulations without the consent of the authority or authorities concerned.

(13)The application of subsection (2)(d) is to be determined with regard, in particular, to—

(a)the effects of the requirement in all the circumstances, and

(b)the availability of alternative means of achieving the aim in question.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources