Explanatory note

These Regulations implement in part Articles 9 and 13 of Chapter 3 (freedom of establishment for providers) of Directive 2006/123/EC of the European Parliament and Council on services in the internal market (OJ No. L 376, 27.12.2006 p.36) (“the Directive”). The regulations amend Schedule 2 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (“the Order”) as follows.

The Directive establishes general provisions facilitating the exercise of freedom of movement of services, while maintaining a high quality of services.

These Regulations amend Schedule 2 to the Order as follows.

Regulation 2(2) replaces the definition of “appropriate sub-divisional commander” in paragraph 5 with a new definition for “appropriate district commander”. The references to “appropriate sub-divisional commander” in paragraphs 10(18) and 27(1) and (2) are also replaced with “appropriate district commander”.

Regulation 2(3)(a) amends paragraph 10(14) to make provision for a council, when it receives an application, whether by means of a relevant electronic facility or otherwise, to send a copy of the application to the appropriate district commander of the Police Service of Northern Ireland.

Regulation 2(3)(c) amends paragraph 10(20) to require a district council to provide reasons for refusing to grant, transfer or renew a licence, whether or not requested by the applicant.

Regulation 2(4) amends paragraphs 12(1)(c) and (d) by replacing the references to “the United Kingdom” with references to “an EEA state” in relation to the conditions for refusing an application for the grant, renewal or transfer of a licence made under Schedule 2 to the Order.

Regulation 2(6) defines the arrangements made by paragraph 10 of Schedule 2 to the Order as different arrangements as defined in regulation 19(5) of the Provision of Services Regulations 2009.