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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

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6.—(1) A requirement imposed by Part 2, 5 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, where—

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

(ii)the provision implements a Community obligation, and

(iii)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, where—

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

(ii)the instrument comes into force before the day on which these Regulations are made.

(3) A requirement imposed by Part 3 or 4 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, 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 a directly applicable Community instrument, where—

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

(ii)the instrument comes into force before the day on which these Regulations are made.

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