Working on UK Internal Market Bill? I'll post a few threads containing (hypothetical) examples to help illustrate how it might operate in practice
1st: “Scotland has rules on minimum alcohol pricing but now wants to introduce a higher minimum price/ change basis for calculation”
1st: “Scotland has rules on minimum alcohol pricing but now wants to introduce a higher minimum price/ change basis for calculation”
a) the UKIM rules are largely prospective, ie do not apply to existing rules regulating sale of goods unless those rules are substantially amended. So need to decide whether change in price would be significant amendment; though change in basis of calculation surely would be?
b) assuming amendments are substantial, will be governed by UKIM principles. Price control would be classified as a product requirement and therefore subject to principle of mutual recognition, i.e. imported English alcohol does not have to comply with new Scottish requirements
c) once mutual recognition applies, there is virtually no scope nevertheless to justify applying new Scottish rules to English imports: mutual recognition can only be set aside to prevent serious health threats arising from the internal spread of pests/ diseases/ unsafe food
d) so Bill = powerful incentive for Scotland never to change existing rules on minimum alcohol pricing, since any new rules might apply only to domestic goods, not English imports – & given nature of UK market, that would destroy functioning of entire Scottish regulatory system
Ie a good example of how UKGov's propaganda about "biggest devolution of powers in history" clashes with reality of their IM plans: even existing devolved powers diminished since exercise will only punish domestic economy & can no longer effectively serve relevant public interest
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