40 Laying of annual documents before devolved legislatures
(1) Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (the Competition and Markets Authority) is amended as follows.
(2) In paragraph 12(3) (annual plan to be laid before Parliament), for “Parliament” substitute
—
(a) Parliament,
(b) the Scottish Parliament,
(c) Senedd Cymru, and
(d) the Northern Ireland Assembly
.
(3) In paragraph 13(2) (proposals for annual plan to be laid before Parliament), for “Parliament” substitute
—
(a) Parliament,
(b) the Scottish Parliament,
(c) Senedd Cymru, and
(d) the Northern Ireland Assembly
.
(4) In paragraph 14(3)(a) (performance report to be laid before Parliament), for “Parliament” substitute
—
(i) Parliament,
(ii) the Scottish Parliament,
(iii) Senedd Cymru, and
(iv) the Northern Ireland Assembly
.
(1) The powers under this section may be exercised for the purpose of assisting the CMA in carrying out any of its functions under—
(a) section 33, 34, 35 or 36; or
(b) section 5 of the Enterprise Act 2002 (acquisition of information etc) in connection with a matter in relation to which the CMA proposes to undertake a review, prepare a report, or give advice under any of the sections mentioned in paragraph (a).
(2) The CMA may by notice in writing require a person to produce any document which—
(a) is specified or otherwise identified in the notice; and
(b) is in that person's custody or under that person's control.
(3) The CMA may by notice in writing require any person who carries on a business to provide such estimates, forecasts, returns or other information as may be specified or otherwise described in the notice.
(4) A notice under subsection (2) or (3) may specify—
(a) the time and place at which,
(b) the form and manner in which, and
(c) the person to whom,
a document or information is to be produced or provided.
(5) A notice under subsection (2) or (3) may require the provision of a legible and intelligible copy of information which is recorded otherwise than in legible form.
(6) A notice under subsection (2) or (3) must—
(a) state the purpose for which the notice is given, including which of the functions mentioned in subsection (1) is relevant; and
(b) include information about the potential consequences of not complying with the notice.
(7) The person to whom any document is produced in accordance with a notice under subsection (2) or (3) may copy the document.
(8) A notice under subsection (2) or (3) may not require a person—
(a) to produce or provide any document or information which the person could not be compelled to produce, or give in evidence, in civil proceedings before the court; or
(b) to go more than 10 miles from the person's place of residence, unless the person's necessary travelling expenses are paid or offered to them.
(9) In this section “the court” means—
(a) in relation to England and Wales or Northern Ireland, the High Court; and
(b) in relation to Scotland, the Court of Session.
(10) In Schedule 14 to the Enterprise Act 2002 (disclosure of information: specified functions) at the appropriate place insert— “ Part 4 of the United Kingdom Internal Market Act 2020. ”.
(1) Where the CMA considers that a person has, without reasonable excuse, failed to comply with any requirement of a notice under section 41, it may impose a penalty in accordance with section 43.
(2) Where the CMA considers that a person has intentionally obstructed or delayed any person in the exercise of the power under section 41(7), it may impose a penalty in accordance with section 43.
(3) In deciding whether and, if so, how to proceed under subsection (1) or (2), the CMA must have regard to the statement of policy which was most recently published under subsection (6) or (8) at the time the failure or (as the case may be) the obstruction or delay concerned occurred.
(4) Subject to subsection (5), no penalty may be imposed by virtue of subsection (1) or (2) after the end of the period of 4 weeks beginning with—
(a) where the penalty is imposed in connection with the exercise of the CMA's functions under section 33—
(i) if that exercise involves the publication of a report in accordance with subsection (3) of that section, the day on which the report is published,
(ii) if that exercise involves arranging for a copy of a report to be laid in accordance with subsection (7) of that section, the day on which the laying mentioned in paragraphs (a) to (d) of that subsection is fully accomplished, or
(iii) in the case of a review under subsection (1) of that section which does not involve the publication or laying of a report as mentioned in sub-paragraph (i) or (ii), the day on which the review is concluded,
(b) where the penalty is imposed in connection with the exercise of the CMA's functions under section 34, the day on which the advice or report is given or provided in accordance with subsection (1) of that section,
(c) where the penalty is imposed in connection with the exercise of the CMA's functions under section 35, the day on which the report is provided in accordance with subsection (1) of that section,
(d) where the penalty is imposed in connection with the exercise of the CMA's functions under section 36, the day on which the report is provided in accordance with subsection (1) of that section, or
(e) where the penalty is imposed in connection with the exercise of the CMA's functions under section 5 of the Enterprise Act 2002 in the circumstances mentioned in section 41(1)(b), the day on which the CMA finally concludes the carrying out of those functions.
(5) Subsection (4) does not apply in relation to any variation or substitution of the penalty which is permitted by virtue of section 43(11).
(6) The CMA must prepare and publish a statement of policy in relation to the enforcement of notices given under section 41.
(7) The statement must include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under subsection (1) or (2).
(8) The CMA may revise its statement of policy under subsection (6) and, where it does so, it must publish the revised statement.
(9) The CMA must consult—
(a) each relevant national authority, and
(b) such other persons as it considers appropriate,
when preparing or revising its statement of policy under subsection (6) or (8).
(10) Any statement or revised statement published by the CMA under this section is to be published in such manner as the CMA considers appropriate.
(1) A penalty imposed under section 42(1) or (2) may be of such amount as the CMA considers appropriate.
(2) The amount of a penalty imposed under section 42(1) may be—
(a) a fixed amount,
(b) an amount calculated by reference to a daily rate, or
(c) a combination of a fixed amount and an amount calculated by reference to a daily rate.
(3) The amount of a penalty imposed under section 42(2) must be a fixed amount.
(4) A penalty imposed under section 42(1) may not exceed—
(a) in the case of a fixed amount, such amount as the Secretary of State may specify in regulations,
(b) in the case of an amount calculated by reference to a daily rate, such amount per day as the Secretary of State may so specify, and
(c) in the case of a fixed amount and an amount calculated by reference to a daily rate, such fixed amount and such amount per day as the Secretary of State may so specify.
(5) A penalty imposed under section 42(2) may not exceed such amount as the Secretary of State may specify in regulations.
(6) Regulations under subsection (4) or (5) may not specify—
(a) in the case of a fixed amount, an amount exceeding £30,000,
(b) in the case of an amount calculated by reference to a daily rate, an amount per day exceeding £15,000, and
(c) in the case of a fixed amount and an amount calculated by reference to a daily rate, a fixed amount exceeding £30,000 and an amount per day exceeding £15,000.
(7) Regulations under subsection (4) or (5) are subject to negative resolution procedure.
(8) Before making regulations under subsection (4) or (5) the Secretary of State must consult—
(a) the CMA,
(b) each other relevant national authority, and
(c) such other persons as the Secretary of State considers appropriate.
(9) In imposing a penalty by reference to a daily rate—
(a) no account is to be taken of any days before the service on the person concerned of notice of the penalty under section 112 of the Enterprise Act 2002 (as applied by subsection (11)), and
(b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the earliest of the days mentioned in subsection (10).
(10) The days mentioned in subsection (9) are—
(a) the day on which the requirement of the notice concerned under section 41 is satisfied;
(b) the day referred to in paragraph (a)(i), (a)(ii), or (a)(iii), (b), (c), (d) or (e) (as the case may be) of section 42(4).
(11) Sections 112 to 115 of the Enterprise Act 2002 (procedural requirements, appeals etc in relation to penalties) apply in relation to a penalty imposed under section 42(1) or (2) as they apply in relation to a penalty imposed under section 110(1) of that Act.
44 Duty to review arrangements for carrying out Part 4 functions
(1) The Secretary of State must, within the permitted period—
(a) carry out a review of the appropriateness, for the purpose of securing the most effective and efficient performance of the Part 4 functions, of—
(i) the provision made by section 32(1) and the amendments made by Schedule 3, and
(ii) any arrangements made under or in connection with that provision and those amendments;
(b) prepare a report of the review (see subsection (4) for specific requirements relating to the report), and
(c) lay a copy of the report before Parliament, the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly.
(2) The review must, among other things, assess—
(a) the way in which Part 4 functions have been carried out by the CMA through Office for the Internal Market task groups authorised under section 32(1), and
(b) any advantages or disadvantages of continuing with—
(i) the provision made by section 32 and the amendments made by Schedule 3, and
(ii) the arrangements made under or in connection with that provision or those amendments,
as compared with other possible ways of providing for the Part 4 functions to be carried out (including possible arrangements not involving the CMA).
(3) In carrying out the review the Secretary of State must consult the other relevant national authorities.
(4) Before finalising the report required by subsection (1)(b) the Secretary of State must—
(a) send a draft of the proposed report to each of the other relevant national authorities, inviting the authority to make representations as to the content of the proposed report within a period specified by the Secretary of State, and
(b) consider any representations duly made in response to that invitation and determine whether to alter the report in the light of that consideration.
(5) The Secretary of State need not consult the devolved authorities further if the draft is altered as mentioned in subsection (4)(b) (but is free to do so if the Secretary of State thinks fit).
(6) The permitted period for the review is the period beginning with the third anniversary of the day on which section 32 comes into force (or first comes into force to any extent) and ending with the fifth anniversary.
(7) In this section “Part 4 functions” means functions of the CMA under this Part.
(1) This section applies for the purposes of this Part.
(2) “The CMA” has the meaning given by section 30(10).
(3) References to the “operation of the internal market in the United Kingdom” are to be read as including a reference to aspects of its operation, for example its operation in relation to a particular description of goods or services or in a particular area or region of the United Kingdom.
(4) “Regulatory provision” has the meaning given by section 30(8).
(5) “Relevant competence” means—
(a) in relation to the Scottish Ministers, Scottish devolved competence;
(b) in relation to the Welsh Ministers, Welsh devolved competence;
(c) in relation to a Northern Ireland department, Northern Ireland devolved competence;
(d) in relation to the Secretary of State, reserved competence.
(6) “Relevant national authority” means any of the following—
(a) the Secretary of State;
(b) the Scottish Ministers;
(c) the Welsh Ministers;
(d) a Northern Ireland department.
(7) “Scottish devolved competence”, “Welsh devolved competence”, “Northern Ireland devolved competence” and “reserved competence” are to be interpreted in accordance with subsections (8) to (11).
(8) A regulatory provision, so far as applying to Scotland—
(a) is within Scottish devolved competence if it—
(i) would 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;
(b) otherwise, is within reserved competence.
(9) A regulatory provision, so far as applying to Wales—
(a) is within Welsh devolved competence if it—
(i) would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru (assuming that 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;
(b) otherwise, is within reserved competence.
(10) A regulatory provision, so far as applying to Northern Ireland—
(a) is within Northern Ireland devolved competence if it—
(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) is 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, or
(iii) is 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;
(b) otherwise, is within reserved competence.
(11) A regulatory provision, so far as applying to England, is within reserved competence.
45A Ongoing guarantee of UK internal market access for qualifying Northern Ireland goods
(1) Article 6(1) of the Windsor Framework provides that nothing in the Framework prevents the United Kingdom from ensuring unfettered access for goods moving from Northern Ireland to other parts of the United Kingdom’s internal market.
(2) Accordingly, this Act—
(a) prohibits the application of export procedures to goods removed from Northern Ireland to Great Britain, in accordance with and subject to section 47; and
(b) makes other provision for the purpose of giving permanent unfettered access (as mentioned in Article 6(1)) for qualifying Northern Ireland goods to the whole of the internal market of the United Kingdom.
(3) In particular, that permanent unfettered access is achieved in relation to qualifying Northern Ireland goods through (among other things)—
(a) the mutual recognition principle for goods securing that qualifying Northern Ireland goods which can be sold in Northern Ireland without contravening any relevant requirements that apply to their sale can also be sold in England and Wales and Scotland, in accordance with and subject to the provisions of Part 1;
(b) the non-discrimination principle for goods securing that qualifying Northern Ireland goods can be sold in England and Wales and Scotland without the sale being affected by relevant requirements that directly or indirectly discriminate against goods that have a relevant connection with a part of the United Kingdom other than the part in which they are sold, in accordance with and subject to the provisions of Part 1; and
(c) each of the appropriate authorities in the United Kingdom being prohibited, in accordance with and subject to the provisions of section 47, from exercising any function in a way which would result—
(i) in an existing kind of NI-GB check, control or administrative process from being used for the first time, or for a new purpose or to a new extent, or
(ii) in a new kind of NI-GB check, control or administrative process being introduced or being used.
(4) The provisions referred to in subsections (2) and (3) are to continue to have effect notwithstanding any divergence between—
(a) the laws which affect the sale of goods in Northern Ireland; and
(b) the laws which affect the sale of goods in England and Wales or Scotland.
45B Goods moved from Northern Ireland: position in relation to export procedures
(1) In the United Kingdom unilateral declaration on export procedures, the United Kingdom has confirmed that export procedures will not apply to goods moving from Northern Ireland to other parts of the United Kingdom’s internal market unless the goods fall into one of the categories listed in points (1) to (5) of the declaration.
(2) Accordingly, no export procedures apply to any goods moved from Northern Ireland to Great Britain unless the goods fall into one of those categories.
(3) In this section—
(a) “United Kingdom unilateral declaration on export procedures” means the Unilateral Declaration by the United Kingdom in the Joint Committee established by the EU withdrawal agreement, on export procedures for goods moving from Northern Ireland to other parts of the United Kingdom, dated 24 March 2023;
(b) references to export procedures are to the export procedures to which that declaration applies.
45C Further protections in respect of Northern Ireland’s place in the UK internal market
(1) Article 6 of the Windsor Framework makes provision about the facilitation of trade between Northern Ireland and the rest of the United Kingdom.
(2) Accordingly, in addition to the provisions mentioned in sections 45A and 45B, this Act makes provision for the purpose of facilitating that trade through (among other things)—
(a) the mutual recognition principle for goods and the non-discrimination principle for goods applying to the sale of goods in Northern Ireland in accordance with and subject to the provisions of Part 1, including provisions affecting the application of those principles mentioned in the words in brackets in section 11(1);
(b) section 46 setting out the matters to which appropriate authorities must have special regard when exercising a function for a relevant purpose, including the need to maintain Northern Ireland’s integral place in the United Kingdom’s internal market and the need to facilitate the free flow of goods between Great Britain and Northern Ireland with the aims mentioned in section 46(1)(c); and
(c) section 46A making provision conferring power on the Secretary of State to issue guidance to assist the appropriate authorities in the exercise of their duty under section 46(1).
(3) In subsection (2)(a), the reference to the sale of goods in Northern Ireland includes the sale in Northern Ireland of goods which are subject to provisions of Part 2 of the Windsor Framework (Retail Movement Scheme: Public Health, Marketing, Organic Product Standards and Miscellaneous Provisions) Regulations 2023, which applies to the extent that any provision listed in Annex 1 to the SPS Regulation does not apply by virtue of Article 1(2) and Chapter 2 of the SPS Regulation.
(4) In subsection (3), “SPS Regulation” has the same meaning as in those Regulations.
46 Northern Ireland's place in the UK internal market and customs territory
(1) An appropriate authority must have special regard to the following matters when exercising any function for a relevant purpose—
(a) the need to maintain Northern Ireland's integral place in the United Kingdom's internal market;
(b) the need to respect Northern Ireland's place as part of the customs territory of the United Kingdom; and
(c) the need to facilitate the free flow of goods between Great Britain and Northern Ireland with the aim of—
(i) streamlining trade between Great Britain and Northern Ireland, and
(ii) maintaining and strengthening the integrity and smooth operation of the internal market in the United Kingdom.
(2) A function is exercised for “a relevant purpose” if it is exercised for—
(a) the purpose of—
(i) implementing, or
(ii) otherwise dealing with matters arising out of, or related to,
the Northern Ireland Protocol,
(b) the purpose of enabling or facilitating a purpose described in paragraph (a) to be achieved, or
(c) a purpose relating to movement of goods within the United Kingdom (including movement that involves movement in a country or territory outside the United Kingdom).
(3) In this section “appropriate authority” means—
(a) a Minister of the Crown;
(b) the Scottish Ministers;
(c) the Welsh Ministers;
(d) the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;
(e) any other person who exercises functions of a public nature.
(1) The Secretary of State may issue guidance to assist appropriate authorities in the exercise of the duty in section 46(1).
(2) The Secretary of State may revise or revoke (in whole or in part) any guidance issued under this section.
(3) An appropriate authority must have regard to guidance issued under this section when exercising any function for a relevant purpose.
(4) In this section “appropriate authority” and “relevant purpose” have the same meaning as in section 46.
47 Unfettered access to UK internal market for Northern Ireland goods
(1) On or after IP completion day, an appropriate authority must not exercise any function in a way that would—
(a) result in an existing kind of NI-GB check, control or administrative process being used—
(i) for the first time, or
(ii) for a new purpose or to a new extent; or
(b) result in a new kind of NI-GB check, control or administrative process—
(i) being introduced, or
(ii) being used.
(2) This section does not prevent the exercise of a function if the exercise—
(a) is necessary for the administration of arrangements which have the purpose of facilitating access for qualifying Northern Ireland goods to the internal market in the United Kingdom,
(b) is necessary to secure compliance with, or to give effect to, any international obligation or arrangement to which the United Kingdom is a party (whenever the United Kingdom becomes a party to it),
(c) is necessary where goods have been declared for a voluntary customs procedure,
(d) is necessary for the purposes of VAT or excise duty in consequence of the Northern Ireland Protocol,
(e) is necessary for the purpose of dealing with a threat to biosecurity in Great Britain, or
(f) is necessary for the purpose of dealing with a threat to food or feed safety in Great Britain.
(3) Subsection (2)(b) authorises (in particular) the exercise of a function in relation to a check, control or administrative process if the exercise is necessary to secure compliance with, or to give effect to, Article 6(1) of the Northern Ireland Protocol.
(4) For the purposes of this section the exercise of a function “is necessary for the purposes of VAT or excise duty in consequence of the Northern Ireland Protocol” if—
(a) the appropriate authority exercising the functions is the Treasury, the Commissioners for Her Majesty's Revenue and Customs, or the Director of Border Revenue,
(b) the function is exercised for the purposes of VAT or excise duty (including for the purposes of preventing double taxation, partial or complete non-taxation, or evasion), and
(c) the appropriate authority exercising the function considers that the exercise is necessary in consequence of the Northern Ireland Protocol.
(5) For the purposes of this section the exercise of a function “is necessary for the purpose of dealing with a threat to biosecurity in Great Britain” if the exercise of the function consists of—
(a) the making, or operation, of legislation which satisfies the conditions set out in paragraph 1 of Schedule 1, or
(b) any other activity which satisfies the conditions set out in paragraph 1(2), (3), (4) and (6) of Schedule 1 (reading any reference in those conditions to “legislation” as a reference to the activity in question).
(6) In determining for the purposes of subsection (5)(b) whether the condition in paragraph 1(3) of Schedule 1 is met, a pest or disease is to be taken to be present in Northern Ireland if it is, or may be, present in qualifying Northern Ireland goods (including when the goods are in Great Britain).
(7) For the purposes of this section the exercise of a function “is necessary for the purpose of dealing with a threat to food or feed safety in Great Britain” if the exercise of the function consists of—
(a) the making, or operation, of legislation which satisfies the conditions set out in paragraph 2 of Schedule 1, or
(b) any other activity which satisfies the conditions set out in paragraph 2(2), (3), (4) and (6) of Schedule 1 (reading any reference in those conditions to “legislation” as a reference to the activity in question).
(8) For the purposes of this section—
(a) an “NI-GB” check, control or administrative process is one applicable to the movement of qualifying Northern Ireland goods from Northern Ireland to Great Britain which—
(i) is direct movement, or
(ii) would be direct movement but for the fact the goods merely pass through the Republic of Ireland (and only the Republic of Ireland) in making that movement;
(b) an “existing kind” of NI-GB check, control or administrative process is one that—
(i) was in use or available for use immediately before IP completion day, or
(ii) is the same as, or substantially similar to, one that was in use or available for use immediately before IP completion day (the “predecessor”);
(c) a “new kind of” NI-GB check, control or administrative process is one that is not of an existing kind;
(d) where an NI-GB check, control or administrative process is of an existing kind because of paragraph (b)(ii), that check, control or administrative process and the predecessor are to be treated as a single function for the purpose of determining whether subsection (1)(a) prevents its exercise;
(e) the purpose for which, or extent to which, a function would be used is “new” if the function has not been used for that purpose, or to that extent, before IP completion day.
(9) A Minister of the Crown may by regulations amend this section so that it applies to a type of movement instead of, or in addition to, a type of movement to which it already applies (whether that type of movement is direct movement or another type of movement provided for by regulations under this subsection).
(10) Regulations under subsection (9) are subject to affirmative resolution procedure.
(11) In this section—
“appropriate authority” means—
a Minister of the Crown;
the Scottish Ministers;
the Welsh Ministers;
the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;
any other person who exercises functions of a public nature;
“declared for a voluntary customs procedure” means declared, in accordance with the Taxation (Cross-border Trade) Act 2018, for a special Customs procedure or temporary storage;
“direct movement” means movement that does not involve movement by land in a country or territory other than the United Kingdom;
“excise duty” means any excise duty under—
the Alcoholic Liquor Duties Act 1979,
the Hydrocarbon Oil Duties Act 1979, or
the Tobacco Products Duty Act 1979;
“qualifying Northern Ireland goods”—
has the same meaning that it has in the European Union (Withdrawal) Act 2018, including any meaning defined for the purposes of that Act from time to time by regulations made under the power conferred by section 8C(6) of that Act (and, if those regulations provide for different meanings to be defined for different purposes of that Act, regulations under section 8C(6) may make provision about the meaning or meanings that are to apply for the purposes of this section);
is to be taken to have had, immediately before IP completion day, the same meaning that it has (under paragraph (a)) at the time when this section comes into force.
48 Guidance on Article 10 of the Northern Ireland Protocol
(1) The Secretary of State must publish guidance on the practical application of Article 10 of the Northern Ireland Protocol (state aid).
(2) For that purpose Article 10 is to be read in the light of—
(a) any relevant decision or recommendation of the Joint Committee, and
(b) any relevant declaration that is made in the Joint Committee by either party, of which the other party takes note.
(3) The guidance must be published before the end of the period of one month beginning with the day on which this section comes into force.
(4) A person with public functions relating to the implementation of Article 10 (including functions involving the provision of financial assistance or other subsidies) must have regard to the guidance when exercising such functions.
(5) The Secretary of State may—
(a) revise or replace the guidance;
(b) if satisfied it is no longer necessary, withdraw the guidance.
(6) In this section “Joint Committee” means the committee established by Article 164(1) of the EU withdrawal agreement.
49 Notification of state aid for the purposes of the Northern Ireland Protocol
(1) No public authority apart from the Secretary of State may comply with a requirement of a provision of EU law applied to the United Kingdom by Article 10 of the Northern Ireland Protocol (state aid) to give the European Commission a notification or information relating to aid.
(2) In subsection (1), “public authority” means a person who exercises functions of a public nature.
50 Power to provide financial assistance for economic development etc
(1) A Minister of the Crown may, out of money provided by Parliament, provide financial assistance to any person for, or in connection with, any of the following purposes—
(a) promoting economic development in the United Kingdom or any area of the United Kingdom;
(b) providing infrastructure at places in the United Kingdom (including infrastructure in connection with any of the other purposes mentioned in this section);
(c) supporting cultural activities, projects and events that the Minister considers directly or indirectly benefit the United Kingdom or particular areas of the United Kingdom;
(d) supporting activities, projects and events relating to sport that the Minister considers directly or indirectly benefit the United Kingdom or particular areas of the United Kingdom;
(e) supporting international educational and training activities and exchanges;
(f) supporting educational and training activities and exchanges within the United Kingdom.
(2) In this section—
“infrastructure” includes—
water, electricity, gas, telecommunications, sewerage or other services (for example, the provision of heat),
railway facilities (including rolling stock), roads or other transport facilities,
health, educational, cultural or sports facilities,
court or prison facilities, and
housing;
“promoting”, in relation to economic development, includes taking any measure likely to contribute directly or indirectly to economic development (which might include, for example, measures relating to social inclusion);
“providing”, in relation to infrastructure, includes acquiring, designing, constructing, converting, improving, operating and repairing infrastructure;
“sport” includes any physical recreation.
(1) Financial assistance under section 50—
(a) may be provided by way of grants, loans, guarantees or indemnities or in any other form;
(b) may be provided subject to conditions (which may include conditions about repayment with or without interest or other return);
(c) may be provided under a contract;
(d) may be provided to an investment fund for onward investment or administrative costs relating to onward investment.
(2) The power to provide financial assistance under section 50 is in addition to (and does not limit or replace) any other power of a Minister of the Crown to provide financial assistance.
(1) In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations), under Head C (trade and industry), at the end insert—
Distortive or harmful subsidies
C16 Regulation of the provision of subsidies which are or may be distortive or harmful by a public authority to persons supplying goods or services in the course of a business.
Interpretation
“Public authority” means a person who exercises functions of a public nature.
“Subsidy” includes assistance provided to a person directly or indirectly by way of income or price support, grant, loan, guarantee, indemnity, the provision of goods or services and any other kind of assistance, whether financial or otherwise and whether actual or contingent.
A subsidy is provided “by a public authority” if it is provided by that authority directly or indirectly.
A subsidy is “distortive or harmful” if it distorts competition between, or otherwise causes harm or injury to, persons supplying goods or services in the course of a business, whether or not those persons are established in the United Kingdom.
(2) In Schedule 2 to the Northern Ireland Act 1998 (excepted matters), after paragraph 16 insert—
16A Regulation of the provision of subsidies which are or may be distortive or harmful by a public authority to persons supplying goods or services in the course of a business.
In this paragraph—
“Public authority” means a person who exercises functions of a public nature.
“Subsidy” includes assistance provided to a person directly or indirectly by way of income or price support, grant, loan, guarantee, indemnity, the provision of goods or services and any other kind of assistance, whether financial or otherwise and whether actual or contingent.
A subsidy is provided “by a public authority” if it is provided by that authority directly or indirectly.
A subsidy is “distortive or harmful” if it distorts competition between, or otherwise causes harm or injury to, persons supplying goods or services in the course of a business, whether or not those persons are established in the United Kingdom.
(3) In Part 2 of Schedule 7A to the Government of Wales Act 2006 (specific reservations), under Head C (trade and industry), at the end insert—
Distortive or harmful subsidies
C18 Regulation of the provision of subsidies which are or may be distortive or harmful by a public authority to persons supplying goods or services in the course of a business.
Interpretation
“Public authority” means a person who exercises functions of a public nature.
“Subsidy” includes assistance provided to a person directly or indirectly by way of income or price support, grant, loan, guarantee, indemnity, the provision of goods or services and any other kind of assistance, whether financial or otherwise and whether actual or contingent.
A subsidy is provided “by a public authority” if it is provided by that authority directly or indirectly.
A subsidy is “distortive or harmful” if it distorts competition between, or otherwise causes harm or injury to, persons supplying goods or services in the course of a business, whether or not those persons are established in the United Kingdom.
53 UK subsidy control consultation: engagement with the devolved authorities on the Government response
(1) For the purposes of this section—
(a) “the UK subsidy control consultation” is the consultation announced by the Secretary of State for Business, Energy and Industrial Strategy in a written Ministerial statement made in the House of Commons on 9 September 2020 (consultation on whether the United Kingdom should go further than its existing international commitments in relation to subsidy control, including whether legislation is necessary);
(b) a “relevant report” is a report containing the whole or part of the Government's response to that consultation (and for this purpose “response” includes any conclusions and proposals, resulting from that consultation, as to arrangements in the United Kingdom for controlling the provision by public authorities of subsidies which are or may be distortive or harmful);
(c) subsidies are “distortive or harmful” if they distort competition between, or otherwise cause harm or injury to, persons supplying goods or services in the course of a business, whether or not established in the United Kingdom;
(d) the “devolved authorities” are the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.
(2) The Secretary of State must, before publishing any relevant report relating to the UK subsidy control consultation—
(a) provide a draft of the proposed Government response to each devolved authority, inviting it to make representations about the proposed response within a period specified by the Secretary of State, and
(b) consider any representations duly made by any of the devolved authorities in response to that invitation and determine whether to alter the report in the light of that consideration.
(3) The Secretary of State need not consult the devolved authorities further if the draft is altered as mentioned in subsection (2)(b) (but is free to do so if the Secretary of State thinks fit).
(4) The consultation required by subsection (2) is in addition to any engagement with the devolved authorities in the course of the UK subsidy control consultation.
(1) In Schedule 4 to the Scotland Act 1998 (enactments etc. protected from modification), after paragraph 1(2)(g) insert
, and
(h) the United Kingdom Internal Market Act 2020.
(2) In paragraph 5(1) of Schedule 7B to the Government of Wales Act 2006 (protected enactments), in the table after the entry for the European Union (Withdrawal) Act 2018 insert—
The United Kingdom Internal Market Act 2020 | The whole Act.
(3) In section 7(1) of the Northern Ireland Act 1998 (entrenched enactments)—
(a) omit the “and” at the end of paragraph (d), and
(b) after paragraph (e) insert
; and
(f) the United Kingdom Internal Market Act 2020.
(4) No power to make subordinate legislation contained in primary legislation passed or made before this section comes into force may be exercised so as to amend, repeal or otherwise modify the operation of this Act.
55 Further provision in connection with the Northern Ireland Protocol
(1) The following provisions cease to have effect when Articles 5 to 10 of the Northern Ireland Protocol cease to apply—
(a) section 11 and Part 5, and
(b) section 8C(5A) of the European Union (Withdrawal) Act 2018 (as inserted by subsection (3)).
(2) Nothing in this Act except the amendment made by subsection (3) (including, in particular, section 54(4)) limits—
(a) the power to make provision under section 8C of the European Union (Withdrawal) Act 2018 (regulations in connection with the Protocol) (including as that power may be used to modify this Act), or
(b) the effect of any regulations under that section.
(3) In section 8C of the European Union (Withdrawal) Act 2018, after subsection (5) insert—
(5A) Regulations under subsection (1) may not amend, repeal or otherwise modify the operation of section 47 of the United Kingdom Internal Market Act 2020 (“the 2020 Act”), except by making—
(a) provision of the sort that is contemplated by section 47(2) of the 2020 Act (permitted checks);
(b) provision under subsection (6);
(c) provision of the sort described in paragraph 21(b) of Schedule 7 (supplementary and transitional provision etc) in connection with—
(i) provision within either of the preceding paragraphs;
(ii) Articles 5 to 10 of the Northern Ireland Protocol ceasing to apply (and the resulting operation of section 55(1) of the 2020 Act).
(1) Any power to make regulations under this Act is exercisable by statutory instrument.
(2) Any power to make regulations under this Act includes power—
(a) to amend, repeal or otherwise modify legislation;
(b) to make different provision for different purposes;
(c) to make supplementary, incidental, consequential, transitional, transitory or saving provision (including provision made in reliance on paragraph (a)).
(3) This section does not apply to regulations under section 59(3).
57 Regulations: references to parliamentary procedures
(1) Where regulations under this Act are subject to affirmative resolution procedure, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.
(2) Where regulations under this Act are subject to made affirmative procedure—
(a) the statutory instrument containing them must be laid before Parliament as soon as reasonably practicable after being made; and
(b) the regulations cease to have effect at the end of the period of 40 days beginning with the day on which they are made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(3) In calculating the period of 40 days, no account is to be taken of any time during which—
(a) Parliament is dissolved or prorogued, or
(b) both Houses of Parliament are adjourned for more than 4 days.
(4) Where regulations cease to have effect as a result of subsection (3) that does not—
(a) affect anything previously done under or by virtue of the regulations, or
(b) prevent the making of new regulations.
(5) Subsections (2) to (4) do not apply to regulations if a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(6) Where regulations under this Act are subject to negative resolution procedure the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) Any provision that may be made by regulations under this Act subject to negative resolution procedure may be made in regulations subject to affirmative resolution procedure or made affirmative procedure.
In this Act—
“affirmative resolution procedure” is to be construed in accordance with section 57(1);
“legislation” means primary legislation, subordinate legislation and assimilated direct legislation;
“made affirmative resolution procedure” is to be construed in accordance with section 57(2);
“Minister of the Crown” has the same meaning as the Ministers of the Crown Act 1975 (see section 8(1) of that Act);
“negative resolution procedure” is to be construed in accordance with section 57(6);
“Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
“part of the United Kingdom” means England, Wales, Scotland or Northern Ireland;
“primary legislation” means—
an Act of Parliament;
an Act of the Scottish Parliament;
an Act or Measure of Senedd Cymru; or
Northern Ireland legislation;
“subordinate legislation” means an instrument made under primary legislation or assimilated direct legislation.
“Windsor Framework” means the part of the EU withdrawal agreement known as the Windsor Framework by virtue of Joint Declaration No. 1/2023 of 24 March 2023 made by the European Union and the United Kingdom in the Joint Committee established by the EU withdrawal agreement.
(1) This Act extends to England and Wales, Scotland and Northern Ireland.
(2) This section comes into force on the day on which this Act is passed.
(3) The other provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
(4) Regulations under subsection (3) may—
(a) appoint different days for different purposes;
(b) make transitional or saving provision in connection with the coming into force of any provision of this Act.
(5) This Act may be cited as the United Kingdom Internal Market Act 2020.
SCHEDULE 1 Exclusions from market access principles
Section 10
Threats to human, animal or plant health
1 (1) The 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 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 pest or disease—
(a) is present in the affected part, and
(b) is 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) The 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) The 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, imposes 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 plants.
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 movement 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 unsafe 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) The 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) The 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);
“unsafe”—
in relation to food, has the same meaning as in Article 14 of Regulation (EC) No 178/2002;
in relation to feed, means “unsafe for its intended use” within the meaning given by Article 15(2) of Regulation (EC) No 178/2002;
“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.
3 Where 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 accordance 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) would 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) the 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 that 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) the 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) is 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) is 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) In 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 reasonably 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;
“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
6 An authorisation under Chapter 2 of Title 7 of the REACH Regulation is to be 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).
7 The 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 Regulation.
8 In 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 assimilated law.
Fertilisers and pesticides
9 The 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 the Council of 13 October 2003 relating to fertilisers, as it forms part of assimilated 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) the health or safety of humans, animals or plants, or
(ii) the environment.
10 The 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 the Council of 21 October 2009 concerning the placing of plant protection products on the market (etc), as it forms part of assimilated law;
(b) the Plant Protection Products Regulations 2011 (S.I. 2011/2131);
(c) the Plant Protection Products Regulations (Northern Ireland) 2011 (S.R. (N.I.) 2011 No. 295).
Taxation
11 The 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.
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 made 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 Parliament, 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) In 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).
Single-use plastic items
13. (1) The 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 prohibits the sale of—
(a) single-use plastic straws;
(b) single-use plastic stemmed cotton buds;
(c) single-use plastic drink stirrers;
(d) single-use plastic plates;
(e) single-use plastic cutlery or chopsticks;
(f) single-use plastic balloon sticks;
(g) single-use food containers, drink containers or cups made wholly or partly from expanded or extruded polystyrene.
(2) For the purposes of sub-paragraph (1)—
(a) a “single-use” item means an item which is not designed or intended to be re-used;
(b) a “single-use plastic” item means a single-use item which is made wholly or partly from plastic.
Glue traps
14. (1) The 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 prohibits the sale of glue traps.
(2) For the purposes of sub-paragraph (1), “glue trap” means any trap that is designed, or is capable of being used, to catch an animal other than an invertebrate and uses an adhesive substance as the means, or one of the means, of capture.
Section 18
PART1 SERVICES TO WHICH SECTION 19 (MUTUAL RECOGNITION) DOES NOT APPLY
Services | (examples of those services)
Audiovisual services | terrestrial, 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 sheriff officers
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, xenotransplantation, human genetics, human fertilisation, embryology, services in connection with surrogacy
Legal services | provision of legal advice, litigation services
Notarial services
Private security services
Services connected with the construction or operation of heat networks or the supply of thermal energy by means of heat networks
Services connected with the supply of natural gas through pipelines 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
Services provided by a person exercising functions of a public nature or by a person acting on behalf of such a person in connection with the exercise of functions of a public nature
Services provided in respect of the award or authentication of academic or vocational qualifications
Services relating to social housing, childcare, children’s social care, adult social care and other support of families and persons permanently or temporarily in need
Transport services | railways, operation of ports, air transport, air traffic services, road transport of goods and passengers, ancillary services
Waste services | disposal of waste, importation or exportation of waste, waste processing
Water supply and sewerage services
PART2 SERVICES TO WHICH SECTIONS 20 AND 21 (NON-DISCRIMINATION) DO NOT APPLY
Services | (examples of those services)
Audiovisual services | terrestrial, 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 sheriff officers
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, xenotransplantation, human genetics, human fertilisation, embryology, services in connection with surrogacy
Notarial services
Private security services
Services connected with the supply of natural gas through pipelines 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
Services provided by a person exercising functions of a public nature or by a person acting on behalf of such a person in connection with the exercise of functions of a public nature
Services relating to social housing, childcare, children’s social care, adult social care and other support of families and persons permanently or temporarily in need
Transport services | railways, operation of ports, air transport, air traffic services, road transport of goods and passengers, ancillary services
Waste services | disposal of waste, importation or exportation of waste, waste processing
Water supply and sewerage services
PART 3 Authorisation requirements to which section 19 (mutual recognition) does not apply
Any authorisation requirement in connection with taxation
PART 4 Regulatory requirements to which sections 20 and 21 (non-discrimination) do not apply
Any regulatory requirement in connection with taxation
SCHEDULE 3 Constitution etc of Office for the Internal Market panel and task groups
Section 32
1 Schedule 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 “ 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) in paragraph (iii), at the beginning insert “ persons appointed to membership of ”;
(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 Board;
(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) In making appointments under paragraphs (iv) and (v) of sub-paragraph (1)(b), the Secretary of State must have regard to the desirability of securing that—
(a) a variety of skills, knowledge and experience is available among the members of the OIM panel, and
(b) there is an appropriate balance among the members of that panel of persons who have skills, knowledge or experience relating to the operation of the United Kingdom internal market in different parts of the United Kingdom.
(2B) Before making an appointment under paragraph (iv) or (v) of sub-paragraph (1)(b), the Secretary of State must seek the consent of—
(a) the Scottish Ministers,
(b) the Welsh Ministers, and
(c) the Department for the Economy in Northern Ireland.
(2C) Sub-paragraph (2D) applies if consent to an appointment is not given by any of those authorities within the period of one month beginning with the day on which it is sought from that authority.
(2D) In that event the Secretary of State—
(a) may make the appointment without the consent of the authority or authorities concerned, and
(b) must, if the appointment is made, inform each authority which did not give consent of the reasons for the decision to proceed with the appointment.
3 (1) Paragraph 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) 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 of 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 membership 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 CMA 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 for 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) Paragraph 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) in 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) After 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 1(1)(b)(iv), except in accordance with this sub-paragraph).
6 In 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.
7 In paragraph 10(2)(b), at the end insert “ or the OIM panel ”.
8 After Part 3 insert—
PART 3A The OIM panel
The OIM panel
58A (1) The 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 1(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 accordance 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 task 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 OIM 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”).
58D The validity of anything done by an OIM task group is not affected by—
(a) a vacancy;
(b) a defective appointment.
Termination of person's membership of an OIM task group
58E A 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 chair.
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) because 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.
58G A 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, or 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 by 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 a member of the group from having effect after they have ceased to be a member of the group.
(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 may 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) In 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 OIM task group, or
(b) an OIM task group giving information in its possession to the CMA Board.
Casting votes
58L If an OIM task group's vote on any decision is tied, the task group chair 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 task group must have regard to any guidance issued by the CMA Board.