PART 2UK market access: services

23Interpretation of Part 2

(1)

In this Part—

“authorisation requirement” has the meaning given by section 17(3);

“legislative requirement” means a requirement imposed by, or by virtue of, legislation;

“public health emergency” means an event or a situation that is reasonably considered to pose an extraordinary threat to human health;

“regulator” means a person exercising regulatory functions, and includes—

(a)

a Minister of the Crown,

(b)

the Scottish Ministers,

(c)

the Welsh Ministers, and

(d)

a Northern Ireland department;

“regulatory requirement” has the meaning given by section 17(4).

(2)

If a function conferred by legislation may only be exercised in a way that would impose a regulatory requirement in respect of which section 20(1) or 21(1) applies, the function is to be treated as though it were a regulatory requirement for the purposes of those sections (and ignoring section 17(5)).

(3)

Subsection (2) does not affect the continuation in force or the continuing effect of a requirement of the sort described in section 17(5)(c) and not preserved by section 17(6) (existing requirements).

(4)

Any effect of section 5, 20 or 21 (direct and indirect discrimination for goods and services) is to be disregarded when considering whether a person is authorised to provide services in another part of the United Kingdom for the purposes of section 19 (mutual recognition for services).