Clause 14 - Interpretation of other expressions used in Part 1

United Kingdom Internal Market Bill – in the House of Commons at 6:15 pm on 22 September 2020.

Alert me about debates like this

Amendments made: 93, page 8, line 38, after “thing” insert

“(including any packaging or label)”.

The amendment clarifies that “goods” for the purposes of Part 1 includes their packaging and any label attached to them.

Amendment 94, page 8, line 41, leave out

“significant regulated step in their production”

and insert

“significant production step which is a regulated step”.

The amendment, with Amendment 95 clarifies the rule for determining whether goods have been produced in a part of the United Kingdom for the purposes of Part 1.

Amendment 95, page 9, line 1, leave out subsection (4) and insert—

“(4) A production step occurring in a part of the United Kingdom is “regulated” for the purposes of subsection (3) if —

(a) it is the subject of any statutory requirement in that part of the United Kingdom, or

(b) it is a step that could materially affect a person’s ability to sell the goods without contravening—

(i) any relevant requirement for the purposes of the mutual recognition principle for goods, or

(ii) any statutory requirement that is excluded from being a relevant requirement by section 4(1),

that would be applicable to a sale of the goods in that part of the United Kingdom (being a sale of a kind for which the goods are being produced).

(4A) A production step is “significant” for the purposes of subsection (3) if it is significant in terms of the character of the goods being produced and the purposes for which they are to be sold or used (but see subsections (4B) and (4C)).

(4B) A production step falling within any of the following descriptions is not significant (whether or not it is regulated)—

(a) activities carried out specifically to ensure goods do not deteriorate before being sold (such as maintaining them at or below a particular temperature);

(b) activities carried out solely for purposes relevant to their presentation for sale (such as cleaning or pressing fabrics or sorting different coloured items for packaging together);

(c) activities involving a communication of any kind with a regulatory or trade body (such as registering the goods or notifying the goods or anything connected with them or their production);

(d) activities carried out for the purpose of testing or assessing any characteristic of the goods (such as batch testing a pharmaceutical product).

(4C) A production step involving the packaging, labelling or marking of goods is not significant (whether or not it is regulated) unless the step is fundamental to the character of the goods and the purposes for which they are to be sold or used.”

The amendment explains terms used in clause 14(3) as amended by Amendment 94.

Amendment 92, page 9, line 27, at end insert—

“(10) “Contravening” includes failing to comply.”—(Michael Tomlinson.)

This drafting amendment ensures that references to contravening a relevant requirement cover a failure to comply with such a requirement (for example a failure to comply with a condition).

Clause 14, as amended, ordered to stand part of the Bill.