Regulation 6 Relationship with other requirements

United Kingdom

(1)

A requirement imposed by Part 2 F1... or 6 of these Regulations on a competent authority or a provider of a service does not apply if, or to the extent that, the competent authority or provider cannot comply both with that requirement and with a requirement to which this paragraph applies.

(2)

Paragraph (1) applies to a requirement imposed by—

(a)

a provision of an enactment F2other than F3assimilated direct legislation, where—

(i)

the provision relates to specific aspects of access to, or the exercise of, a service activity,

F4(ii)

immediately before IP completion day, the provision implemented an EU obligation, and

(iii)

the enactment is passed or made before the day on which these Regulations are made, or

(b)

a provision of F5F6assimilated direct legislation, where—

(i)

the provision relates to specific aspects of access to, or the exercise of, a service activity, and

F7(ii)

immediately before IP completion day, the provision was contained in an EU instrument that came into force before these Regulations were made.

(3)

A requirement imposed by Part 3 F8... of these Regulations on a competent authority does not apply if, or to the extent that, the competent authority cannot comply both with that requirement and with a requirement to which this paragraph applies.

(4)

Paragraph (3) applies to a requirement imposed by—

(a)

a provision of an enactment F9other than F10assimilated direct legislation, where—

(i)

the provision relates to specific aspects of access to, or the exercise of, a service activity, and

(ii)

the enactment is passed or made before the day on which these Regulations are made, or

(b)

a provision of F11F12assimilated direct legislation, where—

(i)

the provision relates to specific aspects of access to, or the exercise of, a service activity, and

F13(ii)

immediately before IP completion day, the provision was contained in an EU instrument that came into force before these Regulations were made.

Annotations

Textual amendments

F1: Word in reg. 6(1) omitted (31.12.2020) by virtue of The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 6(1); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 6(2)(a) inserted (31.12.2020) by The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 6(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in reg. 6(2)(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)(a)
F4: Reg. 6(2)(a)(ii) substituted (31.12.2020) by The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 6(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)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in reg. 6(2)(b) substituted (31.12.2020) by The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 6(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in reg. 6(2)(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)(a)
F7: Reg. 6(2)(b)(ii) substituted (31.12.2020) by The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 6(2)(d) (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)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F8: Words in reg. 6(3) omitted (31.12.2020) by virtue of The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 6(3); 2020 c. 1, Sch. 5 para. 1(1)
F9: Words in reg. 6(4)(a) inserted (31.12.2020) by The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 6(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F10: Words in reg. 6(4)(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)(b)
F11: Words in reg. 6(4)(b) substituted (31.12.2020) by The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 6(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F12: Words in reg. 6(4)(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)(b)
F13: Reg. 6(4)(b)(ii) substituted (31.12.2020) by The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1329), regs. 1(1), 6(4)(c) (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)(a)); 2020 c. 1, Sch. 5 para. 1(1)