Moved by
Lord Fox
4: Clause 1, leave out Clause 1 and insert the following new Clause—
“Purposes of Parts 1, 2, 3 and 4
(1) Parts 1, 2, 3 and 4 promote the continued functioning of the internal market for goods (see Part 1) and services (see Part 2), including the recognition of professional and other qualifications (see Part 3), in the United Kingdom by establishing the United Kingdom market access principles.
(2) The United Kingdom market access principles are—
(a) the mutual recognition principle for goods and services, and
(b) the non-discrimination principle for goods and services.
(3) Those principles have no direct legal effect except as provided by Parts 1, 2, 3 and 4, and only to the extent that they have been agreed in a memorandum of understanding by—
(a) the Secretary of State,
(b) the Welsh Ministers,
(c) the Scottish Ministers, and
(d) a Northern Ireland department.
(4) The Secretary of State must lay before Parliament the memorandum of understanding, which must also set out—
(a) how the agreed policy frameworks on the functioning of the internal market in the United Kingdom will operate,
(b) any agreed exclusions from the market access principles,
(c) proposals for the establishment of a council or councils, comprising representatives of the Secretary of State, the Welsh Ministers, the Scottish Ministers, and a Northern Ireland department to oversee the operation of agreed policy frameworks and the functioning of the internal market in the United Kingdom, and
(d) proposals for the establishment of an agreed dispute resolution mechanism relating to the internal market in the United Kingdom for any disputes among the Secretary of State, the Welsh Ministers, the Scottish Ministers, and a Northern Ireland department.
(5) A statutory instrument containing regulations under section 56(3) may not appoint a day for the commencement of Parts 1, 2, 3 or 4 until the requirement in subsection (4) is met.”