PART 1UK market access: goods
Mutual recognition: goods
2The mutual recognition principle for goods
(1)
The mutual recognition principle for goods is the principle that goods which—
(a)
have been produced in, or imported into, one part of the United Kingdom (“the originating part”), and
(b)
can be sold there without contravening any relevant requirements that would apply to their sale,
should be able to be sold in any other part of the United Kingdom, free from any relevant requirements that would otherwise apply to the sale.
(2)
Where goods are to be sold in a particular way in the other part of the United Kingdom, the condition in subsection (1)(b) has effect as if the reference to “their sale” were a reference to their sale in that particular way.
So, for example, if goods are to be sold by auction, the condition is met if (and only if) they can be sold by auction in the originating part without contravening any applicable relevant requirements there.
(3)
Where the principle applies in relation to a sale of goods in a part of the United Kingdom because the conditions in subsection (1)(a) and (b) are met, any relevant requirements there do not apply in relation to the sale.