There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Provision of Services Regulations 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
14.—(1) A competent authority must not make access to, or the exercise of, a service activity subject to an authorisation scheme unless the following conditions are satisfied.
(2) The conditions are that—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the need for an authorisation scheme is justified by an overriding reason relating to the public interest, and
(c)the objective pursued cannot be attained by means of a less restrictive measure, in particular because inspection after commencement of the service activity would take place too late to be genuinely effective.
(3) This regulation and regulations 15 to 20 do not apply to authorisation schemes to the extent that they are governed, directly or indirectly, by—
(a)a provision of an enactment [F2other than retained direct EU legislation which, immediately before IP completion day, implemented an EU obligation], where the enactment is passed or made before the day on which these Regulations are made, or
[F3(b)a provision of retained direct EU legislation which, immediately before IP completion day, was contained in an EU instrument that came into force before these Regulations were made.]
Textual Amendments
F1Reg. 14(2)(a) omitted (31.12.2020) by virtue of The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 10(1); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 14(3)(a) substituted (31.12.2020) by The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 10(2)(a) (as amended by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 14(3)(b) substituted (31.12.2020) by The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 10(2)(b) (as amended by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
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