Part 1: UK Market Access: Goods Non-discrimination: goods Section 8: The non-discrimination principle: indirect discrimination
This section provides for the principle of indirect discrimination.
	Subsection (1) provides that a relevant requirement will indirectly discriminate against incoming goods where the requirement does not directly discriminate but applies to, or in relation to the incoming good in a way that puts it at a disadvantage, and has an adverse market effect and cannot be reasonably considered a necessary means of achieving a legitimate aim. Subsection (2) provides the circumstances in which a good will be put at a disadvantage.
	Subsection (3) provides that a requirement has an adverse market effect if it puts incoming goods at a disadvantage but does not put comparable goods with a relevant connection to the destination part (and no other part of the UK) at that disadvantage and as a result, it causes a significant adverse effect on competition of those goods in the UK.
	Subsection (4) provides the meaning of "comparable goods" as "like goods" or "interchangeable goods". "Like goods", and "interchangeable goods" are then defined further.
	Subsection (5) provides that the test for whether a requirement has an adverse market effect in subsection (3) must have regard to the content of a requirement and the way it operates, or is administered, in practice.
	Subsections (6) lists the ‘legitimate aims’ for the purposes of the test for indirect discrimination in subsection (1).
	Subsection (7) provides a power to the Secretary of State to add to, vary or remove an aim from the list of legitimate aims by regulations. Subsection (8) provides that the power in subsection (7) must be exercised by the affirmative resolution procedure.
	Subsection (9) provides that before the power is exercised, consent must be sought from all devolved administrations. If that consent is not given within one month then subsection (10) provides that the Secretary of State may make the regulations without that consent. In the event that the Secretary of State proceeds in the absence of consent under subsection (10), subsection (11) stipulates that the Secretary of State must publish a statement explaining the reasons for proceeding without consent.
	Subsection (12) provides that in considering whether a relevant requirement cannot be reasonably considered a necessary means of achieving a legitimate aim for the purposes of subsection (1)(d), regard must be had to the effects of the requirement in all the circumstances and the availability of alternative means to achieving the legitimate aim.