Explanatory note

These Regulations amend the Provision of Services Regulations 2009 (S.I. 2009/2999) (the “2009 Regulations”). The 2009 Regulations implement Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (OJ No. L 376, 27.12.2006, p.36) (the “Services Directive”).

Regulation 2(2) amends regulations 15(5) and (6) of the 2009 Regulations, which implement Article 10(4) of the Services Directive. The amendment provides that where an authorisation is granted by a competent authority whose functions relate to the whole of the United Kingdom, the service provider must be able to have access to, or to exercise, the service activity throughout the whole of the United Kingdom. The amendment also provides that where an authorisation is granted by a competent authority whose functions relate only to part of the United Kingdom (a “territorial authority”) the service provider must be able to have access to, or to exercise, the service activity throughout the whole of the United Kingdom by virtue of the authorisation and authorisations granted or treated as granted by other territorial authorities. The amendment clarifies that these provisions do not apply where an authorisation for an individual establishment or a limitation of the authorisation to a particular area or part of the United Kingdom is justified by an overriding reason relating to the public interest.

Regulation 2(3) amends regulation 38(1) of the 2009 Regulations to transfer the duty to establish an electronic assistance facility from the Secretary of State and the Commissioners for Revenue and Customs jointly to the Secretary of State, any other Minister of the Crown with responsibility for a government department, or any government department.

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