Explanatory note

These Regulations amend the Provision of Services Regulations 2009 (“the 2009 Regulations”). They restate, revoke or revoke and replace provisions that are secondary assimilated law within the meaning of section 12(2) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28). They also make saving and transitional provision.

Regulations 3 to 11 amend the 2009 Regulations to align them more closely with the United Kingdom’s domestic regulation commitments in its Free Trade Agreements and clarify competent authorities’ obligations in relation to authorisation schemes.

Regulation 3 revokes and replaces the definitions of “provider” and “recipient” in regulation 4. Regulation 4 revokes regulations 5(3) to (5) of the 2009 Regulations. These amendments ensure the 2009 Regulations reflect the current domestic position by removing nationality-based distinctions that have not applied in practice, and align them more closely them with the United Kingdom’s international commitments.

Regulation 7 revokes and replaces regulation 18(4) to clarify what charges a competent authority may require an applicant to pay when making an initial application for authorisation.

Regulations 8 and 9 restate regulation 19(1) and revoke and replace regulations 19(4) and 20. These amendments clarify processes relating to the handling of applications by competent authorities, including when an application is to be treated as complete and how acknowledgements and determinations must be communicated.

Regulation 10 amends regulation 36(1) to clarify the information that a competent authority must make available in electronic format and how that obligation may be met.

Regulation 12 makes transitional provision for applications for authorisation submitted before these Regulations come into force, but which remain to be determined after that date.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.