Regulation 14 Authorisation schemes

United Kingdom

(1)

A competent authority must not make access to, or the exercise of, a service activity subject to an authorisation scheme unless the following conditions are satisfied.

(2)

The conditions are that—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the need for an authorisation scheme is justified by an overriding reason relating to the public interest, and

(c)

the objective pursued cannot be attained by means of a less restrictive measure, in particular because inspection after commencement of the service activity would take place too late to be genuinely effective.

(3)

This regulation and regulations 15 to F220C do not apply to authorisation schemes to the extent that they are governed, directly or indirectly, by—

(a)

a provision of an enactment F3other than F4assimilated direct legislation which, immediately before IP completion day, implemented an EU obligation, where the enactment is passed or made before the day on which these Regulations are made, or

F5(b)

a provision of F6assimilated direct legislation which, immediately before IP completion day, was contained in an EU instrument that came into force before these Regulations were made.

Annotations

Textual amendments

F1: Reg. 14(2)(a) omitted (31.12.2020) by virtue of The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 10(1); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in reg. 14(3) substituted (1.10.2026) by The Provision of Services (Amendment and Transitional Provision) Regulations 2026 (S.I. 2026/435), regs. 1(2), 6 (with reg. 12)
F3: Words in reg. 14(3)(a) substituted (31.12.2020) by The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 10(2)(a) (as amended by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in reg. 14(3)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 6 para. 6(3)(c)
F5: Reg. 14(3)(b) substituted (31.12.2020) by The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 10(2)(b) (as amended by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in reg. 14(3)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 6 para. 6(3)(c)