7The non-discrimination principle: direct discriminationU.K.
(1)A relevant requirement directly discriminates against incoming goods if, for the reason that the goods have the relevant connection with the originating part, the requirement applies to, or in relation to, the incoming goods in a way—
(a)in which it does not or would not apply to local goods, and
(b)that puts the incoming goods at a disadvantage compared to local goods.
(2)Goods are put at a disadvantage if it is made in any way more difficult, or less attractive, to sell or buy the goods or do anything in connection with their sale.
(3)“Local goods”, for the purposes of this section, are actual or hypothetical goods that—
(a)lack the relevant connection of the incoming goods with the originating part, but
(b)otherwise are materially the same as, and share the material circumstances of, the incoming goods.
(4)Goods (“the other goods”) lack the relevant connection of the incoming goods with the originating part—
(a)where the incoming goods have a relevant connection within section 5(4)(a), if the other goods, or (as the case may be) their components, were produced in the destination part;
(b)where the incoming goods have a relevant connection within section 5(4)(b), if the other goods, or (as the case may be) their components, were produced by a business based in the destination part;
(c)where the incoming goods have a relevant connection within section 5(4)(c), if the other goods, or (as the case may be) their components, came from the destination part and did not pass through anywhere outside that part.
Commencement Information
I1S. 7 in force at 31.12.2020 by S.I. 2020/1621, reg. 2(a)