Citation and commencement

1. These Regulations may be cited as the Provision of Services (Amendment) Regulations 2014 and come into force on 6th April 2016.

Amendments to the Provision of Services Regulations 2009

2. —(1)The Provision of Services Regulations 2009( 3 ) are amended as follows.

(2) For regulations 15(5) and (6), substitute—

“ (5) Paragraph (5A) applies in the case of an authorisation granted under an authorisation scheme by a competent authority whose functions relate to the whole of the United Kingdom.

(5A) The provider of the service must be able to have access to the service activity, or to exercise that activity, throughout the United Kingdom by virtue of the authorisation.

(5B) Paragraph (5C) applies in the case of an authorisation granted under an authorisation scheme by a competent authority whose functions relate only to part of the United Kingdom (a “territorial authority”).

(5C) The provider of the service must be able to have access to the service activity, or to exercise that activity, throughout the United Kingdom by virtue of the authorisation and authorisations granted or treated as granted under an authorisation scheme by other territorial authorities.

(5D) Paragraphs (5A) and (5C) do not apply where an authorisation for each individual establishment or a limitation of the authorisation to a particular part or area of the United Kingdom is justified by an overriding reason relating to the public interest.

(5E) The references in paragraphs (5A) and (5C) to the provider of the service having access to the service activity, or exercising that activity, include doing those things by means of setting up agencies, subsidiaries, branches or offices. ”

(3) In regulation 38(1), for “The Secretary of State and the Commissioners for Revenue and Customs must jointly provide a facility for”, substitute “The Secretary of State, any other Minister of the Crown with responsibility for a government department, or any government department must provide a facility for”.