United Kingdom Internal Market Act 2020

(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). (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”). (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. (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. (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. (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. (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. (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. (58L) If an OIM task group's vote on any decision is tied, the task group chair is to have a casting vote. (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.

The mutual recognition principle for goods

Services: exclusions

Meaning of “qualified” UK resident

Functions of the CMA under Part 4: general provisions

Office for the Internal Market panel and task groups

Information-gathering powers

Penalties

Goods moved from Northern Ireland: position in relation to export procedures

Financial assistance: supplementary

UK subsidy control consultation: engagement with the devolved authorities on the Government response

Protection of Act against modification

Regulations: general

Threats to human, animal or plant health

Chemicals

Fertilisers and pesticides

Taxation

Provision having effect in more than one part of the United Kingdom

Editorial notes

Single-use plastic items

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• (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.

45A

• (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

• (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

• (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.

46A

• (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.

Glue traps

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• (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.