21 Indirect discrimination in the regulation of services

21  Indirect discrimination in the regulation of services

(1)     A regulatory requirement that indirectly discriminates against an incoming service provider is of no effect in relation to that incoming service provider.

(2)     A regulatory requirement indirectly discriminates against an incoming service provider if—

(a)     it does not directly discriminate against the incoming service provider (within the meaning of section 20),

(b)     it puts the incoming service provider at a relevant disadvantage,

(c)     it has an adverse market effect, and

(d)     it cannot reasonably be considered a necessary means of achieving a legitimate aim.

(3)     A regulatory requirement puts an incoming service provider at a relevant disadvantage if—

(a)     it puts the incoming service provider at a disadvantage in relation to the provision of services in the part of the United Kingdom in which the requirement applies, and

(b)     it does not put, or

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