SCHEDULE 1 Exclusions From Market Access Principles

SCHEDULE 1 Exclusions From Market Access Principles

Section 10

Threats to human, animal or plant health

1

(1)     The United Kingdom market access principles do not apply to (and sections 2(3) and 5(3) do not affect the operation of) legislation so far as it satisfies the conditions set out in this paragraph.

(2)     The first condition is that the aim of the legislation is to prevent or reduce the movement of a pest or disease into the part of the United Kingdom in which the legislation applies (“the restricting partâ€) from another part of the United Kingdom (“the affected partâ€).

(3)     The second condition is that it is reasonable to believe that the pest or disease—

(a)     is present in the affected part, and

(b)     is not present, or is significantly less prevalent, in the restricting part.

(4)     The third condition is that the potential movement of that pest or disease into the restricting part from the affected part poses (or would in the absence of the legislation pose) a serious threat to the health of humans, animals or plants in the restricting part.

(5)     The fourth condition is that the responsible administration has provided to the other administrations

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