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The Provision of Services Regulations 2009

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Provision of Services Regulations 2009 No. 2999

Authorisation schemes

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14.—(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—

(a)the authorisation scheme does not discriminate against a provider of the service,

(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 20 do not apply to authorisation schemes to the extent that they are governed, directly or indirectly, by—

(a)a provision of an enactment implementing a Community obligation, where the enactment is passed or made before the day on which these Regulations are made, or

(b)a provision of a directly applicable Community instrument coming into force before that day.

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