Part 6 continued    

SCHEDULES

Section 10

Schedule 1 Exclusions from market access principles

Threats to human, animal or plant health

1(1)5The United Kingdom market access principles do not apply to (and sections
2(3) and 5(3) do not affect the operation of) legislation so far as it satisfies the
conditions set out in this paragraph.

(2)The first condition is that the aim of the legislation is to prevent or reduce the
movement of a pest or disease into the part of the United Kingdom in which
10the legislation applies (“the restricting part”) from another part of the United
Kingdom (“the affected part”).

(3)The second condition is that it is reasonable to believe that the pest or
disease—

(a)is present in the affected part, and

(b)15is not present, or is significantly less prevalent, in the restricting part.

(4)The third condition is that the potential movement of that pest or disease
into the restricting part from the affected part poses (or would in the absence
of the legislation pose) a serious threat to the health of humans, animals or
plants in the restricting part.

(5)20The fourth condition is that the responsible administration has provided to
the other administrations an assessment of the available evidence in relation
to—

(a)the threat referred to in sub-paragraph (4), and

(b)the likely effectiveness of the legislation in addressing that threat.

(6)25The fifth condition is that the legislation can reasonably be justified as
necessary in order to address the threat referred to in sub-paragraph (4).

(7)In determining whether the fifth condition is met the following
consideration is to be taken into account: whether the legislation, taken
together with any similar legislation applying in the restricting part,
30imposes measures of similar severity arising from the potential movement
of the pest or disease into, or within, the restricting part (wherever those
threats originate).

(8)In this paragraph “pest or disease” includes any organism or agent that is
liable to cause a disease or other harm to the health of humans, animals or
35plants.

2(1)The mutual recognition principle for goods does not apply to (and section
2(3) does not affect the operation of) legislation so far as it satisfies the
conditions set out in this paragraph.

(2)The first condition is that the aim of the legislation is to prevent or reduce the
5movement of unsafe food or feed into the part of the United Kingdom in
which the legislation applies (“the restricting part”) from another part of the
United Kingdom (“the affected part”).

(3)The second condition is that it is reasonable to believe that the food or feed
affected by the legislation is, is likely to be, or is at particular risk of being
10unsafe in a particular respect.

(4)The third condition is the potential movement of food or feed that is unsafe
in that respect into the restricting part from the affected part poses (or would
in the absence of the legislation pose) a serious threat to the health of humans
or animals in the restricting part.

(5)15The fourth condition is that the responsible administration has provided to
the other administrations an assessment of the available evidence in relation
to—

(a)the threat referred to in sub-paragraph (4), and

(b)the likely effectiveness of the legislation in addressing that threat.

(6)20The fifth condition is that the legislation can reasonably be justified as
necessary in order to address the threat referred to in sub-paragraph (4).

(7)In this paragraph—

• “food” and “feed” have the same meaning as in Regulation (EC) No
  178/2002 (see Articles 2 and 3);

• 25“unsafe”—

  (a)

  in relation to food, has the same meaning as in Article 14 of
  Regulation (EC) No 178/2002;

  (b)

  in relation to feed, means “unsafe for its intended use” within
  the meaning given by Article 15(2) of Regulation (EC) No
  30178/2002;

• “Regulation (EC) No 178/2002” means Regulation (EC) No 178/2002 of
  the European Parliament and of the Council of 28 January 2002
  laying down the general principles and requirements of food law
  (etc), as it forms part of retained EU law on IP completion day.

335Where a decision is taken to exercise powers conferred by legislation in a
particular way for the purpose referred to in paragraph 1(2) or 2(2),
references to “legislation” in paragraph 1 or 2 (except in paragraph 1(1) or
2(1)) are to be read as references to the use of the legislation in that way.

4(1)In paragraphs 1 and 2, “responsible administration” is to be interpreted in
40accordance with sub-paragraphs (2) to (5).

(2)The responsible administration is the Scottish Ministers if—

(a)the restricting part is Scotland, and

(b)the provision contained in the legislation in question, so far as it
applies in Scotland—

(i)45would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament, or

(ii)is provision which could be made in subordinate legislation
by the Scottish Ministers, the First Minister or the Lord
Advocate acting alone.

(3)The responsible administration is the Welsh Ministers if—

(a)5the restricting part is Wales, and

(b)the provision contained in the legislation in question, so far as it
applies in Wales—

(i)would be within the legislative competence of Senedd
Cymru if contained in an Act of Senedd Cymru (assuming
10that any consent by a Minister of the Crown were given), or

(ii)is provision which could be made in subordinate legislation
by the Welsh Ministers acting alone.

(4)The responsible administration is a Northern Ireland department if—

(a)the restricting part is Northern Ireland, and

(b)15the provision contained in the legislation in question, so far as it
applies in Northern Ireland—

(i)would be within the legislative competence of the Northern
Ireland Assembly, and would not require the consent of the
Secretary of State, if contained in an Act of that Assembly,

(ii)20is contained in, or was made under, Northern Ireland
legislation, and would be within the legislative competence
of the Northern Ireland Assembly, and would require the
consent of the Secretary of State, if contained in an Act of that
Assembly,

(iii)25is provision which could be made in subordinate legislation
by the First Minister and deputy First Minister in Northern
Ireland acting jointly, a Northern Ireland Minister or a
Northern Ireland department.

(5)In any other case the responsible administration is the Secretary of State.

(6)30In paragraphs 1 and 2, “the other administrations” means each of the
Scottish Ministers, the Welsh Ministers, a Northern Ireland department and
the Secretary of State, other than the responsible administration.

5(1)A relevant requirement is not to be taken to directly discriminate against
incoming goods for the purposes of section 7 to the extent that it can
35reasonably be justified as a response to a public health emergency.

(2)In this paragraph—

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

• 40“relevant requirement”, “incoming goods” and “destination part” have
  the meanings they have in relation to the non-discrimination
  principle for goods (see sections 5 and 6).

Chemicals

6An authorisation under Chapter 2 of Title 7 of the REACH Regulation is to
45be disregarded in determining (for the purposes of the mutual recognition
principle for goods) whether goods can be sold as mentioned in section
2(1)(b).

7The mutual recognition principle for goods does not apply to (and section
2(3) does not affect the operation of)—

(a)Article 67 of the REACH Regulation, or

(b)a restriction imposed in accordance with Article 129 of that
5Regulation.

8In paragraphs 6 and 7, “the REACH Regulation” means Regulation (EC) No
1907/2006 of the European Parliament and of the Council of 18 December
2006 concerning the Registration, Evaluation, Authorisation and Restriction
of Chemicals (etc), as it forms part of retained EU law.

10Fertilisers and pesticides

9The mutual recognition principle for goods does not apply to (and section
2(3) does not affect the operation of) any of the following—

(a)a prohibition or condition imposed in accordance with Article 15(1)
of Regulation (EC) No 2003/2003 of the European Parliament and of
15the Council of 13 October 2003 relating to fertilisers, as it forms part
of retained EU law;

(b)regulations under section 74A(1) of the Agriculture Act 1970, to the
extent that such regulations can reasonably be justified as a response
to a risk to—

(i)20the health or safety of humans, animals or plants, or

(ii)the environment.

10The mutual recognition principle for goods does not apply to (and section
2(3) does not affect the operation of) any of the following—

(a)Regulation (EC) No 1107/2009 of the European Parliament and of
25the Council of 21 October 2009 concerning the placing of plant
protection products on the market (etc), as it forms part of retained
EU law;

(b)the Plant Protection Products Regulations 2011 (S.I. 2011/2131);

(c)the Plant Protection Products Regulations (Northern Ireland) 2011
30(S.R. (N.I.) 2011 No. 295).

Taxation

11The United Kingdom market access principles do not apply to (and sections
2(3) and 5(3) do not affect the operation of) any legislation so far as it
imposes, or relates to the imposition of, any tax, rate, duty or similar charge.

35Provision 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
made under, an Act of Parliament,

(b)40the 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
Parliament, and

(d)45no 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)In sub-paragraph (1), “relevant requirement”, “statutory provision”,
“originating part” and “destination part” have the meanings they have in
5relation to the non-discrimination principle for goods (see sections 5 and 6).

Section 17

Schedule 2 Services exclusions

Part 1 Services to which section 18 (mutual recognition) does not apply

Part 2 Services to which sections 19 and 20 (non-discrimination) do not apply

Part 3 Authorisation requirements to which section 18 (mutual recognition) does
40not apply

Part 4 Regulatory requirements to which sections 19 and 20 (non-discrimination) do
not apply

Section 30

5Schedule 3 Constitution etc of Office for the Internal Market panel and task groups

1Schedule 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)10In sub-paragraph (1)(b)—

(a)in the words before paragraph (i), for “to membership of” substitute
“as follows”;

(b)in paragraph (i), at the beginning insert “persons appointed to
membership of”;

(c)15in paragraph (ii), at the beginning insert “persons appointed to
membership of”;

(d)in paragraph (iii), at the beginning insert “persons appointed to
membership of”;

(e)after paragraph (iii) insert—

“(iv)20a person (the “OIM panel chair”) appointed
to chair the Office for the Internal Market
panel and to membership of the CMA
Board;

(v)other persons appointed to membership of
25the Office for the Internal Market panel
(“the OIM panel”) (see Part 3A).”

(3)After sub-paragraph (2) insert—

“(2A)Before making an appointment under paragraph (iv) or (v) of sub-
paragraph (1)(b), the Secretary of State must consult—

(a)30the Scottish Ministers,

(b)the Welsh Ministers, and

(c)the Department for the Economy in Northern Ireland.”

3(1)Paragraph 3 is amended as follows.

(2)After sub-paragraph (2), insert—

“(2A)35Appointment 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)Where 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
5of the person’s appointment to membership of the CMA panel is
to be treated for the purposes of sub-paragraph (2) as beginning
when 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
10membership of the OIM panel the person has already begun (and
continues) to hold office as a member of the CMA panel, the term
of 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
15CMA panel began.”

4(1)Paragraph 4 is amended as follows.

(2)After 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
20for the purpose of continuing to act as a member of a group
constituted under paragraph 58B before the expiry of the person’s
term of office.”

(3)In sub-paragraph (2), for “sub-paragraph (1)” substitute “sub-paragraphs (1)
and (1A)”.

5(1)25Paragraph 6 is amended as follows.

(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)30in 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)35After 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
401(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.”

745In 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)5The 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
101(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
15accordance 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
20task group”).

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
25OIM 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)30a 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
35chair.

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