12(1)A relevant requirement is not to be taken indirectly to discriminate against goods for the purposes of section 8 if—U.K.
(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).
Commencement Information
I1Sch. 1 para. 12 in force at 31.12.2020 by S.I. 2020/1621, reg. 2(p)