Proposed amendments
302 amendments across 54 provisions
Clause 1 7
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“Common frameworks process
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the principle of proportionality to ensure the action of Her Majesty’s Government does not exceed what is necessary to achieve the objectives of paragraphs (a) and (b), and
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This Part only has effect during any time when the United Kingdom is fully in compliance with—
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“Purposes of Parts 1, 2, 3 and 4
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“Common frameworks process
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“Legislation to which market access principles apply
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Clause 2 2
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The mutual recognition principle for goods does not apply to food or animal feedingstuffs.
Clause 3 13
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Regulations under subsection (8) are subject to super-affirmative resolution procedure (see Schedule (Super-affirmative resolution procedure)).”
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But the Secretary of State may make regulations under subsection (8) without the consent required by subsection (10) if that consent is not given within the period of one month beginning with the day on which the Secretary of State requests it.
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A manner of sale requirement is not within the scope of the mutual recognition principle if it gives effect to an agreement that has been the subject of a common framework.”
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Regulations under subsection (8) are subject to super-affirmative resolution procedure (see Schedule (Super-affirmative resolution procedure)).”
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The Secretary of State must publish the results of the consultation and give reasons for any decision reached.”
Clause 4 8
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In subsection (4) “substantive change” means “significant amendment”.”
Clause 5 2
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Clause 6 8
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Regulations under subsection (5) are subject to super-affirmative resolution procedure (see Schedule (Super-affirmative resolution procedure)).”
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The Secretary of State must publish the results of the consultation and give reasons for any decision reached.”
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Regulations under subsection (5) are subject to super-affirmative resolution procedure (see Schedule (Super-affirmative resolution procedure)).”
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The Secretary of State must publish the results of the consultation and give reasons for any decision reached.”
Clause 7 2
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Clause 8 19
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the protection of consumers;
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the protection of environmental standards.”
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Regulations under subsection (7) are subject to super-affirmative resolution procedure (see Schedule (Super-affirmative resolution procedure)).”
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Before making regulations under subsection (7) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Before making regulations under subsection (7) the Secretary of State must obtain the consent of the Scottish Ministers, the Welsh Ministers, and the Department for the Economy in Northern Ireland.
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The Secretary of State must publish the results of the consultation and give reasons for any decision reached.”
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the protection of consumers;
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the regulation of animal welfare and the protection of the environment.”
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the protection of public morality;
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Regulations under subsection (7) are subject to super-affirmative resolution procedure (see Schedule (Super-affirmative resolution procedure)).”
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Before making regulations under subsection (7) the Secretary of State must consult and seek the consent of the Scottish Ministers, the Welsh Ministers, and the Department for the Economy in Northern Ireland.”
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Before making regulations under subsection (7) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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The Secretary of State must publish the results of the consultation and give reasons for any decision reached.”
Clause 9 2
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Statutory provision relating to a subject is not a relevant requirement for the purposes of the non-discrimination principle for goods if the same provision was in force in the part of the United Kingdom concerned on the day before the day on which regulations under section (Legislation to which market access principles apply) specifying that subject come into force.”
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Clause 10 16
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Before making regulations under subsection (2) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Before making regulations under subsection (2) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Before making regulations under subsection (2) the Secretary of State must obtain the consent of the Scottish Ministers, the Welsh Ministers, and the Department for the Economy in Northern Ireland.
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“Exclusions from market access principles: public interest derogations
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“Market access principles: protection of devolved competences
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“Environmental derogation for market access principles
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Before making regulations under subsection (2) the Secretary of State must consult and seek the consent of the Scottish Ministers, the Welsh Ministers, and the Department for the Economy in Northern Ireland.”
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Before making regulations under subsection (2) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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“Exclusions from market access principles: public policy etc.
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“Exclusions from market access principles: public interest derogations
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“Environmental derogation for market access principles
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“Exclusions to market access principles for legitimate aims
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Clause 11 4
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Statutory provision is not a relevant requirement for the purposes of the non-discrimination principle for goods if that provision—
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Clause 12 10
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Statutory provision is not a relevant requirement for the purposes of the non-discrimination principle for goods if that provision—
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Before preparing guidance under subsection (1) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Before issuing, revising or withdrawing any guidance under subsection (4), the Secretary of State must obtain the consent of the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.
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Before revising or withdrawing any guidance under subsection (1) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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“Duty to review the use of Part 1 amendment powers
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Before preparing guidance under subsection (1) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Before issuing, revising or withdrawing any guidance, the Secretary of State must consult and seek the consent of the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Before issuing, revising or withdrawing any guidance the Secretary of State must obtain the consent of the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Before revising or withdrawing any guidance issued under subsection (1) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
Clause 14 2
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“Sale” has the meaning given in section 61 of the Sale of Goods Act 1979.”
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Clause 16 5
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“Purpose of Part 2
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a requirement that—
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For the purposes of subsections (5)(c) and (6)—
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Clause 17 14
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Before making regulations under subsection (2) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Regulations under subsection (2) are subject to super-affirmative resolution procedure (see Schedule (Super-affirmative resolution procedure)).”
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Before making regulations under subsection (3) the Secretary of State must obtain the consent of the Scottish Ministers, the Welsh Ministers, and the Department for the Economy in Northern Ireland.
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Before making regulations under subsection (2) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Before making regulations under subsection (2) the Secretary of State must consult and seek the consent of the Scottish Ministers, the Welsh Ministers, and the Department for the Economy in Northern Ireland.”
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Before making regulations under subsection (2) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Before making any regulations under subsection (2), the Secretary of State must consult, and obtain the consent of, the Welsh Ministers, the Scottish Ministers and the Department for the Economy in Northern Ireland.”
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Regulations under subsection (2) are subject to super-affirmative resolution procedure (see Schedule (Super-affirmative resolution procedure)).”
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“Services: application of sections 18 to 20
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Clause 18 2
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“Common frameworks process
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Clause 19 3
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Clause 20 30
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the protection of consumers;
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Before making regulations under subsection (8) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Regulations under subsection (8) are subject to super-affirmative resolution procedure (see Schedule (Super-affirmative resolution procedure)).”
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Before making regulations under subsection (8) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Before making regulations under subsection (8) the Secretary of State must obtain the consent of the Scottish Ministers, the Welsh Ministers, and the Department for the Economy in Northern Ireland.
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“Duty to review the use of Part 2 amendment powers
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“Exclusions from market access principles: services
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A regulatory requirement puts an incoming service provider at a relevant disadvantage if—
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A regulatory requirement puts a service provider at a disadvantage in relation to the provision of services in a part of the United Kingdom if it makes it in any way more difficult, or less attractive, for the service provider to provide the services in that part.
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For the purposes of subsections (1) to (4)—
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the protection of consumers.”
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Before making regulations under subsection (7) the Secretary of State must consult and seek the consent of the Scottish Ministers, the Welsh Ministers, and the Department for the Economy in Northern Ireland.”
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Before making regulations under subsection (7) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”
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Before making regulations under subsection (7), the Secretary of State must consult, and obtain the consent of, the Welsh Ministers, the Scottish Ministers and the Department for the Economy in Northern Ireland.”
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Regulations under subsection (7) are subject to super-affirmative resolution procedure (see Schedule (Super-affirmative resolution procedure)).”
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Clause 22 1
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“Purpose of Part 3
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Clause 23 2
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“Application of Part 3
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Clause 24 1
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“Exception from section 22: public interest derogations
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Clause 25 7
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Section 22(2) does not apply if the provision has been agreed through the common frameworks process.”
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Section 22(2) does not apply in relation to provision that limits the ability to practise the profession, or any profession, of school teaching.”
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In subsection (1) “existing provision” means—
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in relation to any part of the United Kingdom, the profession of patent attorney or trade mark attorney.”
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Nothing in this section removes the ability of the approved regulators to authorise reserved legal activities, as in Schedule 4 to the Legal Services Act 2007 (approved regulators).”
Clause 27 2
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Provision that limits the ability referred to in subsection (1)(a) to individuals with certain qualifications or experience falls within section 22(1) only if the activities affected by the provision are, in a significant number of cases, essential to the practice of the profession in question.”
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“Purpose of this Act
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Clause 28 2
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“Office for the Internal Market
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Clause 29 5
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That objective includes, in particular, supporting the operation of the internal market—
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In carrying out its functions under this Part the CMA must not engage in dispute resolution.”
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Clause 30 6
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“Office for the Internal Market
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“Office for the Internal Market
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Before authorising a task group under subsection (1), the CMA must consult the Joint Ministerial Committee on European Negotiations.”
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“Office for the Internal Market: establishment as a body corporate
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“Office for the Internal Market
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Clause 31 11
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A proposal under subsection (2) may only be made by—
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the impact of the operation of that market on consumers.”
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the Joint Ministerial Committee on European Negotiations.”
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prices, the quality of goods and services, and choice for consumers, and”
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“Advice on proposal to make regulations applying Part 1, 2 or 3
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Clause 32 2
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Clause 33 2
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Clause 34 1
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Clause 35 2
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Clause 36 1
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Clause 37 4
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“Laying of annual documents before devolved legislatures
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Before preparing advice and information under subsection (1) the CMA must consult such persons as it considers appropriate.”
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Before revising or withdrawing any advice or guidance under subsection (1) the CMA must consult such persons as it considers appropriate”.
Clause 38 3
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Clause 39 3
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each relevant national authority, and
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Clause 40 10
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Penalties under section 39(1) or (2) may not be imposed on small companies, as defined in section 382 of the Companies Act 2006 (companies qualifying as small: general), or on partnerships or other businesses with similar criteria.”
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each other relevant national authority,”
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“Market investigation
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“and obtain the consent of each other relevant national authority.”
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“Duty to consider the internal market when considering mergers
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“The CMA Board
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“Consumer duty of the CMA
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“Effects of additional duties on small business
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Clause 41 1
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Clause 42 4
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“UK Shared Prosperity Fund Commissioner
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“Good Friday Agreement
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Clause 43 8
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As soon as practicable after 31 March each year, a Minister of the Crown must prepare a report summarising how the power in section 42 has been exercised during the preceding period of 12 months ending with 31 March.
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Financial assistance for economic development provided under section 42 for Wales, Scotland and Northern Ireland is managed and administered by the Welsh Ministers, the Scottish Ministers and a Northern Ireland Department respectively.
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“State aid and the Office for the Internal Market
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is necessary for the purpose of dealing with a threat to food or feed safety in Great Britain.”
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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—
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Clause 44 5
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Before the power conferred by subsection (1) is exercised, the Secretary of State must publish a statement on the impact that the proposed exercise of the power is likely to have on the process of peace and reconciliation in Northern Ireland.”
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“No discrimination against goods from Northern Ireland
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“Trader Support Service
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Clause 45 1
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Clause 46 5
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Section 11 ceases to have effect when Articles 5 to 10 of the Northern Ireland Protocol cease to apply.”
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“Joint Ministerial Committee on European Negotiations: agreement of regulations
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Clause 47 3
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Clause 48 4
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“Scrutiny procedure in certain urgent cases
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Any financial assistance provided under this section must be consistent with the achievement of any climate and environmental goals and targets applicable in the relevant part or parts of the United Kingdom.”
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“Power to provide financial assistance for economic development etc
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Clause 49 2
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may be provided through the UK Shared Prosperity Commission following a public consultation on the design and delivery of the fund.”
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“Economic development: climate and nature emergency impact statement
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Clause 50 7
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A statutory instrument containing regulations under subsection (3) may not appoint a day for the commencement of Part 1, 2, 3 or 4 until the following requirements are met—
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A statutory instrument containing regulations under subsection (3) may not appoint a day for the commencement of provisions in Parts 1, 2 or 3 unless, for each matter covered by the common frameworks process to enable the functioning of the internal market in the United Kingdom, the Minister of the Crown is satisfied that—
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Clause 51 1
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Clause 52 6
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“Common frameworks: regulations
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“Joint Ministerial Committee on European Negotiations: agreement of regulations
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“Non-regression of standards in common framework areas
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“Internal market common framework
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“Establishing and maintaining high levels of protection in the regulation of goods
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Clause 53 1
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No regulations may be made under this Act which affect matters which were within the devolved competence of the Scottish Ministers, the Welsh Ministers or a Northern Ireland department prior to 31 January 2020 unless a common framework on the United Kingdom internal market, or on the relevant aspect of the internal market, has been agreed between the United Kingdom Government and the relevant devolved administration or administrations.”
Clause 54 1
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Where regulations under this Act are subject to the super-affirmative procedure, the regulations are subject to the procedure set out in Schedule (Super-affirmative resolution procedure).”
Clause 56 4
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No provisions of this Act come into force unless the United Kingdom is, at the time that any provision of this Act would otherwise come into force, fully in compliance with the following, and, if at any time the United Kingdom fails to be fully in compliance with the following, the provisions of this Act will cease to have effect as of the first day on which the United Kingdom is non-compliant—
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A statutory instrument containing regulations under subsection (3) may not appoint a day for the commencement of provisions in Parts 1, 2 or 3 unless, for each area, service or profession covered by a common framework under consideration of the Joint Ministerial Committee to enable the functioning of the internal market in the United Kingdom, the Minister of the Crown is satisfied that—
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Schedule 1 8
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“COMMON FRAMEWORKS
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“SUBJECTS TO WHICH MARKET ACCESS PRINCIPLES MAY BE APPLIED
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This paragraph sets out the conditions referred to in section 43(5).”
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in relation to food, means injurious to health, causing a probable cumulative toxic effect, or not maintaining UK levels of statutory protection provided for by or under any primary legislation, subordinate legislation, or retained direct EU legislation in the areas of food safety, food hygiene, food traceability and, to the extent that it affects food safety, animal welfare;”
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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 relates to public procurement.”
Schedule 2 2
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“Teaching services
provision of teaching services in schools or colleges”
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“Teaching Services
provision of teaching services in schools or colleges”
Schedule 3 25
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After sub-paragraph (1)(b) insert—
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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—
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Sub-paragraph (2C) 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.
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But the Secretary of State may make an appointment without consent required by sub-paragraph (2A) if that consent is not given within the period of one month beginning with the day on which the Secretary of State requests it.
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After sub-paragraph (2) insert—
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“SUPER-AFFIRMATIVE RESOLUTION PROCEDURE
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After sub-paragraph (1)(b) insert—
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But the Secretary of State may make an appointment without consent required by sub-paragraph (2A) if that consent is not given within the period of one month beginning with the day on which the Secretary of State requests it.
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In sub-paragraph (5), after “(1)(b)” insert “and (c)”.
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In sub-paragraph (1), after “(1)(b)” insert “or (c)”.”
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After sub-paragraph (2) insert—
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Paragraph 7 is amended as follows.
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In paragraph 12, after “Parliament” insert “, the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly”.
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The members of an OIM task group must include representatives from each of the four nations in the United Kingdom.”
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An OIM task group must be transparent and publish documentation except when it is necessary for commercially confidential information.”
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“OFFICE FOR THE INTERNAL MARKET
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Amendment text
“UK SHARED PROSPERITY COMMISSION
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Amendment text
“SUPER-AFFIRMATIVE RESOLUTION PROCEDURE
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