Moved by
Baroness Finlay of Llandaff
6: After Clause 1, insert the following new Clause—
“Legislation to which market access principles apply
(1) Legislation on market access principles may only apply—
(a) when the common frameworks process in respect of subjects within a description listed in Schedule (Subjects to which market access principles may be applied) has been exhausted, and
(b) only so far as it relates to a subject specified in regulations made by the Secretary of State.
(2) Regulations under subsection (1) may specify a subject only if it is within a description listed in Schedule (Subjects to which market access principles may be applied).
(3) The Secretary of State may by regulations amend Schedule (Subjects to which market access principles may be applied).
(4) Regulations under this section are subject to the affirmative resolution procedure.
(5) Before laying a draft of a statutory instrument containing regulations under this section before either House of Parliament, the Secretary of State must give notice of the proposed regulations to—
(a) each devolved authority, and
(b) the Competition and Markets Authority.
(6) The Secretary of State may not lay the draft instrument before either House of Parliament until—
(a) the Secretary of State has received—
(i) a statement in relation to the proposed regulations from each devolved authority, and
(ii) a report or advice on the proposed regulations from the Competition and Markets Authority, or
(b) the period of 12 months beginning with the day on which notice was given under subsection (5) has ended.
(7) When a draft of a statutory instrument containing regulations under this section is laid before either House of Parliament, the Secretary of State must at the same time lay before that House copies of any statements, report or advice mentioned in subsection (6)(a).
(8) In this section, “devolved authority” means—
(a) the Scottish Ministers;
(b) the Welsh Ministers;
(c) the Department for the Economy in Northern Ireland.”
Member’s explanatory statement
This amendment means that the United Kingdom market access principles only apply after the process for agreeing common frameworks has been exhausted. It introduces a new Schedule, inserted by another amendment in the name of Baroness Finlay, listing the subjects to which the common frameworks apply and for which regulations may be made if common frameworks are not agreed.