United Kingdom Internal Market Bill (HL Bill 135)
United Kingdom Internal Market BillPage 50
Provision having effect in more than one part of the United Kingdom
12(1)A relevant requirement is not to be taken indirectly to discriminate against
goods for the purposes of section 8 if—
(a)it is statutory provision contained in, or in subordinate legislation
5made under, an Act of Parliament,
(b)the same, or substantially the same, statutory provision applies in the
originating part,
(c)the statutory provision that applies in the originating part is also
contained in, or in subordinate legislation made under, an Act of
10Parliament, and
(d)no substantive change to the statutory provision has come into
force—
(i)in the destination part but not the originating part, or
(ii)in the originating part but not the destination part.
(2)15In sub-paragraph (1), “relevant requirement”, “statutory provision”,
“originating part” and “destination part” have the meanings they have in
relation to the non-discrimination principle for goods (see sections 5 and 6).
Section 16
Schedule 2 Services exclusions
20Part 1 Services to which section 18 (mutual recognition) does not apply
| Services | (examples of those services) |
|---|---|
| Audiovisual services | terrestrial, cable or satellite television, video on demand, film services, radio services, 25video sharing services, video recording services, video games services |
| Debt collection services | services of bailiffs, messengers-at-arms and sheriff officers |
| Electronic communications 30services and networks, and associated facilities and services | |
| Financial services | banking, credit, insurance and re-insurance, occupational or personal pensions, 35securities, investment funds, payment and investment advice |
| Gambling services | accepting bets, operating a lottery or providing facilities for gambling |
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| Services | (examples of those services) |
|---|---|
| Healthcare services | healthcare services provided in hospitals, other healthcare facilities or at other places, xenotransplantation, human genetics, 5human fertilisation, embryology, services in connection with surrogacy |
| Legal services | provision of legal advice, litigation services |
| Notarial services | |
| Private security services | |
| Services of temporary work agencies | 10services of employment businesses within the meaning given by section 13(3) of the Employment Agencies Act 1973 |
| Services provided by a person exercising functions of a public 15nature or by a person acting on behalf of such a person in connection with the exercise of functions of a public nature | |
| Social services relating to social 20housing, childcare, adult social care and support of families and persons permanently or temporarily in need | |
| Transport services | railways, operation of ports, air transport, 25air traffic services, road transport of goods and passengers, ancillary services |
Part 2 Services to which sections 19 and 20 (non-discrimination) do not apply
| Services | (examples of those services) |
|---|---|
| Audiovisual services | 30terrestrial, cable or satellite television, video on demand, film services, radio services, video sharing services, video recording services, video games services |
| Debt collection services | services of bailiffs, messengers-at-arms and 35sheriff officers |
| Electronic communications services and networks, and associated facilities and services |
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| Services | (examples of those services) |
|---|---|
| Financial services | banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and 5investment advice |
| Gambling services | accepting bets, operating a lottery or providing facilities for gambling |
| Healthcare services | healthcare services provided in hospitals, other healthcare facilities or at other places, 10xenotransplantation, human genetics, human fertilisation, embryology, services in connection with surrogacy |
| Notarial services | |
| Postal services | delivery of letters and parcels by post, 15sorting and collection of letters and parcels for delivery by post |
| Private security services | |
| Services connected with the supply of natural gas through 20pipelines or production or storage of natural gas | transportation of gas, retail supply, operation of a gas interconnector |
| Services connected with the supply or production of electricity | distribution or transmission of electricity, retail supply, operation of an electricity interconnector |
| 25Services of a statutory auditor within the meaning of Part 42 of the Companies Act 2006 | |
| Services of temporary work agencies | services of employment businesses within the meaning given by section 13(3) of the 30Employment Agencies Act 1973 |
| Services provided by a person exercising functions of a public nature or by a person acting on behalf of such a person in 35connection with the exercise of functions of a public nature | |
| Social Services relating to social housing, childcare, adult social care and support of 40families and persons permanently or temporarily in need |
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| Services | (examples of those services) |
|---|---|
| Transport services | railways, operation of ports, air transport, air traffic services, road transport of goods and passengers, ancillary services |
| Waste services | 5disposal of waste, importation or 5 exportation of waste, waste processing |
| Water supply and sewerage services |
Part 3
10Authorisation requirements to which section 18 (mutual recognition) does
not apply
| Authorisation requirements |
|---|
| Any authorisation requirement in connection with taxation |
Regulatory requirements to which sections 19 and 20 (non-discrimination) do
15not apply
| Regulatory requirements |
|---|
| Any regulatory requirement in connection with taxation |
Section 30
Schedule 3 Constitution etc of Office for the Internal Market panel and task groups
120Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (the
Competition and Markets Authority) is amended as follows.
2(1)Paragraph 1 is amended as follows.
(2)In sub-paragraph (1)(b)—
(a)in the words before paragraph (i), for “to membership of” substitute
25“as follows”;
(b)in paragraph (i), at the beginning insert “persons appointed to
membership of”;
(c)in paragraph (ii), at the beginning insert “persons appointed to
membership of”;
(d)30in paragraph (iii), at the beginning insert “persons appointed to
membership of”;
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(e)after paragraph (iii) insert—
“(iv)a person (the “OIM panel chair”) appointed
to chair the Office for the Internal Market
panel and to membership of the CMA
5Board;
(v)other persons appointed to membership of
the Office for the Internal Market panel
(“the OIM panel”) (see Part 3A).”
(3)After sub-paragraph (2) insert—
“(2A)10Before making an appointment under paragraph (iv) or (v) of sub-
paragraph (1)(b), the Secretary of State must consult—
(a)the Scottish Ministers,
(b)the Welsh Ministers, and
(c)the Department for the Economy in Northern Ireland.”
3(1)15Paragraph 3 is amended as follows.
(2)After sub-paragraph (2), insert—
“(2A)Appointment to membership of the OIM panel under paragraph
1(1)(b) is to be for a term of not more than eight years.”
(3)At the end insert—
“(4)20Where at the beginning of a person’s term of appointment to
membership of the CMA panel the person has already begun (and
continues) to hold office as a member of the OIM panel, the term
of the person’s appointment to membership of the CMA panel is
to be treated for the purposes of sub-paragraph (2) as beginning
25when the person’s term of appointment to membership of the
OIM panel began.
“(5)Where at the beginning of a person’s term of appointment to
membership of the OIM panel the person has already begun (and
continues) to hold office as a member of the CMA panel, the term
30of the person’s appointment to membership of the OIM panel is to
be treated for the purposes of sub-paragraph (2A) as beginning
when the person’s term of appointment to membership of the
CMA panel began.”
4(1)Paragraph 4 is amended as follows.
(2)35After sub-paragraph (1), insert—
“(1A)A person who has been appointed to membership of the OIM
panel may be re-appointed to membership of the OIM panel only
for the purpose of continuing to act as a member of a group
constituted under paragraph 58B before the expiry of the person’s
40term of office.”
(3)In sub-paragraph (2), for “sub-paragraph (1)” substitute “sub-paragraphs (1)
and (1A)”.
5(1)Paragraph 6 is amended as follows.
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(2)In sub-paragraph (2), for “of either the CMA Board or the CMA panel (but
not of both)” substitute “of one, but not more than one, of the CMA Board,
the CMA panel and the OIM panel,”.
(3)In sub-paragraph (3)—
(a)5in the words before paragraph (a), after “panel” insert “or both the
CMA panel and the OIM panel”;
(b)for paragraph (a) substitute—
“(a)resign from one of those memberships (without
resigning from the other), or”.
(4)10After sub-paragraph (3) insert—
“(4)The OIM panel chair may at any time resign from membership of
the CMA by giving written notice to this effect to the Secretary of
State (and may not resign from the OIM panel, or any other office
to which the person is appointed by virtue of paragraph
151(1)(b)(iv), except in accordance with this sub-paragraph).”
6In paragraph 9(2)—
(a)omit “or” at the end of paragraph (a);
(b)after paragraph (b) insert “, or
(c)a member of the OIM panel.”
720In paragraph 10(2)(b), at the end insert “or the OIM panel”.
8After Part 3 insert—
“Part 3A The OIM panel
The OIM panel
58A(1)25The OIM panel is a panel of persons available for selection as
members of a group constituted in accordance with this Part of
this Schedule.
(2)The OIM panel is to consist of—
(a)the OIM panel chair appointed under paragraph
301(1)(b)(iv), and
(b)the other members of the panel appointed under
paragraph 1(1)(b)(v).
Constitution of OIM task groups
58B(1)The OIM panel chair may at any time constitute a group in
35accordance with this Part of this Schedule for the purpose of
carrying out on the CMA’s behalf functions of the CMA under
Part 4 of the United Kingdom Internal Market Act 2020.
(2)A group constituted as mentioned in sub-paragraph (1) is to be
known as an Office for the Internal Market task group (or “OIM
40task group”).
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Membership of OIM task groups
58C(1)The members of an OIM task group are to be selected by the OIM
panel chair.
(2)Each OIM task group is to consist of at least three members of the
5OIM panel.
(3)The OIM panel chair must appoint one of the members of an OIM
task group to chair the group (“the task group chair”).
58DThe validity of anything done by an OIM task group is not affected
by—
(a)10a vacancy;
(b)a defective appointment.
Termination of person’s membership of an OIM task group
58EA member of the OIM panel may at any time resign from an OIM
task group by giving written notice to this effect to the OIM panel
15chair.
58F(1)Sub-paragraph (2) applies if the OIM panel chair considers that—
(a)a member of an OIM task group will be unable, for a
substantial period, to perform their duties as a member of
the group, or
(b)20because of a particular interest of a member of an OIM task
group, it is inappropriate for that person to remain a
member of the group.
(2)The OIM panel chair may remove the person in question from
membership of the task group.
58G25A person ceases to be a member of an OIM task group on ceasing
to be a member of the OIM panel.
Replacement of a member of an OIM task group
58H(1)Sub-paragraph (2) applies if a person ceases to be a member of an
OIM task group, whether by being removed under paragraph 58F,
30or otherwise.
(2)The OIM panel chair may select a replacement member of the
group from the OIM panel.
Continuity on removal or replacement
58I(1) A person’s ceasing to be a member of an OIM task group, whether
35by being removed under paragraph 58F, or otherwise, does not
prevent—
(a)the group from continuing with anything begun before the
person ceased to be a member of it;
(b)any decision made or direction given by the person while
40a member of the group from having effect after they have
ceased to be a member of the group.
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(2)Sub-paragraph (1) applies whether or not a replacement member
of the group is selected under paragraph 58H.
Powers of chair pending group’s constitution and first meeting
58J(1)While an OIM task group is being constituted, the OIM panel chair
5may take such steps as the OIM panel chair considers appropriate
to facilitate the work of the group once it has been constituted.
(2)The steps taken must be steps that it would be within the power of
the group to take, had it already been constituted.
Independence of OIM task groups
58K(1)10In exercising functions which they are authorised to exercise by
virtue of any enactment, OIM task groups must act independently
of the CMA Board.
(2)Nothing in sub-paragraph (1) prevents—
(a)the CMA Board giving information in its possession to an
15OIM task group, or
(b)an OIM task group giving information in its possession to
the CMA Board.
Casting votes
58LIf an OIM task group’s vote on any decision is tied, the task group
20chair is to have a casting vote.
Procedure of OIM task groups
58M(1)An OIM task group may determine its own procedure (including
determining its quorum).
(2)In determining its procedure under sub-paragraph (1), an OIM
25task group must have regard to any guidance issued by the CMA
Board.”