PART 1

UK market access: goods

Non-discrimination: goods

The non-discrimination principle for goods
5
1
The non-discrimination principle for goods is the principle that the sale of goods in one part of the United Kingdom should not be affected by relevant requirements that directly or indirectly discriminate against goods that have a relevant connection with another part of the United Kingdom.
2
For the purposes of the application of that principle in any given case—
a
the part of the United Kingdom where sale should not be affected is referred to as the “destination part”;
b
the goods that have a relevant connection with another part of the United Kingdom are referred to as the “incoming goods”;
c
that other part is referred to as the “originating part”.
3
A relevant requirement (see section 6) is of no effect in the destination part if, and to the extent that, it directly or indirectly discriminates against the incoming goods (see sections 7 and 8).
4
Goods have a relevant connection with a part of the United Kingdom if they or any of their components—
a
are produced in that part,
b
are produced by a business based in that part, or
c
come from, or pass through, that part before reaching the destination part.
5
For the purposes of this Part—
a
“components” includes parts, ingredients and constituent materials;
b
a business is “based”—
i
where its registered office is,
ii
if it does not have a registered office, where its head office is, or
iii
if it has neither a registered office nor a head office, where its principal place of business is.