Part 8: Final Provisions

Final provisions

Section 54: Protection of Act against modification

• This section inserts references to the UK Internal Market Act into the Scotland Act 1998, the Government of Wales Act 2006 and the Northern Ireland Act 1998, so that the Act is treated as a protected or entrenched enactment under each. This means that the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly may not pass legislation that amends the Act or modifies its application.

Section 55: Further provision in connection with the Northern Ireland Protocol

• This section confirms that when Articles 5 to 10 of the Northern Ireland Protocol cease to apply, sections 11, part 5 and section 8C(5A) of the European Union (Withdrawal) Act 2018 will cease to have effect.
• This section states that nothing in the Act limits the power to make provision under section 8C of the European Union (Withdrawal) Act 2018, or the effect of such regulations, except for regulations under section 8C(1) which modify the operation of section 47, subject to some

Section 56: Regulation: general

• This section makes provision in relation to powers conferred by the Act on Ministers to make regulations. It provides that regulations made under the powers are to be made by statutory instrument. The powers may be used to amend, repeal or modify the effect of legislation, including Acts of Parliament. When exercised for their stated purpose, the powers may also be used to make supplementary, incidental, consequential, transitional, transitory or saving

Section 57: Regulations: references to parliamentary procedures

• This section prescribes the parliamentary procedures which apply in relation to powers conferred by the Act on Ministers to make regulations. It sets out the procedure that applies where a power is exercisable by affirmative resolution procedure, made affirmative procedure, or negative resolution procedure. Where a power provides for regulations to be made by negative resolution procedure, this section permits the provisions of such regulations to be included in regulations made by affirmative resolution procedure.

Section 58: Interpretation: general

• This section sets out definitions of a number of terms used in this Act. Definitions that are specific to Parts 1, 2 3 and 4 of the Act respectively are set out in sections 15, 16, 23, 29 and

Section 59: Extent, commencement and short title

• This section provides that the whole of the Act extends to the whole of the It provides a power for the Secretary of State to make regulations in order to commence provisions of the Act. Section 59 came into force on Royal Assent.

Schedules

Schedule 1: Exclusions from market access principles

• This schedule sets out what requirements are excluded from the market access principles in Part 1.
• Paragraph 1 sets out the circumstances for when the market access principles will not apply to legislation aimed at preventing or reducing the movement of a pest or disease into a part of the UK where it poses, or would pose, a serious threat to the health of humans, animals or
• Subparagraphs (2) to (7) set out the conditions which the part of the UK relying on the exclusion must satisfy.
• Subparagraph (8) defines “pest or disease” as it is referred to in paragraph
• Paragraph 2 sets out the circumstances when the mutual recognition principle for goods will not apply to legislation aimed at preventing or reducing the movement of unsafe food or feed that poses a serious threat to the health of humans or animals.
• Subparagraphs (2) to (6) set out the conditions which the legislation is required to meet to allow for the exclusion to be implemented.
• Paragraph 2, subparagraph (7) defines “food and feed” as it is referred to in paragraph
• Paragraph 3 provides that references to “legislation” in paragraphs 1 and 2 of Schedule 1 also includes the exercise of powers provided for in legislation for the purposes set out in paragraphs 1(2) or 2(2).
• Paragraph 4 sets out the meaning of “responsible administration” for the purpose of

paragraphs 1 and 2.

• Paragraph 5 sets out that if a relevant requirement can be reasonably justified in response to a public health emergency, it will not directly discriminate. Subparagraph (2) of paragraph 5 further defines “public health emergency”, “relevant requirement”, “incoming goods” and “destination part”.
• Paragraphs 6 to 8 sets out the narrow exclusion from mutual recognition that will apply to certain chemicals authorisations under Chapter 2 of Title 7 of the REACH regulation.
• Paragraphs 9 and 10 set out the narrow exclusion for fertilisers and pesticides from mutual
• Paragraph 11 defines the exclusions from both mutual recognition and non-discrimination provisions for any legislation that imposes, or relates to the imposition of, any tax, rate, duty or charge.
• Paragraph 12 provides that indirect discrimination does not apply to requirements made by, or under, Acts of Parliament where these requirements apply both to goods in the originating and destination parts.

Schedule 2: Services Exclusions

• This schedule is divided into four Services listed in the first column of the table in Part 1 are not subject to the mutual recognition principle in section 19. Services listed in the first column of the table in Part 2 are not subject to the non-discrimination principle in section 20 and section 21. If a service is listed in both Part 1 and Part 2 of the Schedule, then neither of the principles in Part 2 of the Act apply to regulation of that service.

 

 

 

• Requirements listed in Part 3 are not subject to the mutual recognition principle in section Requirements listed in Part 4 are not subject to the non-discrimination principle in section 20 and section 21.

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

• This Schedule sets out the constitution of the OIM panel and task The Part 4 functions of the CMA may be delegated to task groups. It provides for the appointment by the Secretary of State of an OIM panel Chair, who will also be a member of the CMA Board, as well as appointments to the OIM panel.
• Paragraph 2 amends Schedule 4 to the Enterprise and Regulatory Reform Act 2013 to provide for the appointment of the OIM panel chair (who will also be a member of the CMA board) and the OIM panel members. In making appointments, the Secretary of State must have regard to the desirability of securing a variety of skills, knowledge and experience and an appropriate balance of such skills on the operation of the internal market in different parts of the UK. Before making an appointment to the OIM panel (including the OIM panel chair) the Secretary of State must seek the consent of the Scottish and Welsh Ministers and the Department for the Economy in Northern If consent is not given within one month of being sought the Secretary of State may make the appointments to the OIM panel but must inform the devolved administration(s) which did not give consent the reasons for the decision to proceed without consent.
• Paragraphs 3 to 7 define the length of time a person can sit on the OIM panel, as well as making provision for concurrent panel appointments, limited re-appointments and
• Part 3A inserted in Schedule 4 to the 2013 Act sets out further governance arrangements for members of the OIM panel, and the constitution and membership of the OIM task groups set up by the OIM panel Chair, to allow OIM panel members to undertake work to carry out the CMA’s functions in Part 4 of this Act.

 

 

Commencement

• This Act provides the Secretary of State with powers to make regulations to commence its provisions. Section 59 of the Act will commence on Royal The other provisions will commence on the day or days appointed by regulations.

 

 

 

Related documents

• The following documents are relevant to the Act and can be read at the stated locations:
  • The Government’s UK Internal Market White Paper:

https://www.gov.uk/government/publications/uk-internal-market

• The Government’s UK internal market policy options proposals: government response: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/att

achment_data/file/929306/ukim-consultation-government-response.pdf

• The Government’s Written Ministerial Statement on Legislative Consent Motions: https://questions-statements.parliament.uk/written- statements/detail/2020-12-17/hcws665
• Impact Assessment on the UK internal market: https://publications.parliament.uk/pa/bills/cbill/58- 01/0177/UK%20Internal%20Market%20Bill%20Impact%20Assessment%20080920

20.pdf

• Joint Ministerial Committee communique: https://www.gov.uk/government/publications/joint-ministerial-committee- communique-16-october-2017
• The Government’s Human Right Memorandum: https://publications.parliament.uk/pa/bills/cbill/58- 01/0185/ECHR%20MEMO%20UKIM%20V%20FINAL.pdf

 

Annex A – Territorial extent and application in the United Kingdom

Provision	Extends to E & W and applies to England?	Extends to E & W and applies to Wales?	Extends and applies to Scotland?	Extends and applies to Northern Ireland?
Part 1: UK MARKET ACCESS: GOODS	Yes	Yes	Yes	Yes
Part 2: UK MARKET ACCESS: SERVICES	Yes	Yes	Yes	Yes
Part 3: PROFESSIONAL QUALIFICATIONS AND REGULATION	Yes	Yes	Yes	Yes
Part 4: INDEPENDENT ADVICE ON AND MONITORING OF UK INTERNAL MARKET	Yes	Yes	Yes	Yes
Part 5: NORTHERN IRELAND PROTOCOL	Yes	Yes	Yes	Yes