SCHEDULES

SCHEDULE 1Exclusions from market access principles

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

I112

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).