Part 1: UK Market Access: Goods Supplementary Section 15: Interpretation of references to "sale" in Part 1
This section supplies the meaning of "sale of goods" for the purposes of Part 1 of the Act.
	Subsections (2) and (3) provide that "sale" excludes sales which are not made in the course of a business or are made in the course of a business but only for the purpose of performing a public function. Therefore, "sale" will generally exclude sales made by public bodies or authorities, except where these sales are made for commercial purposes and not for the purpose of performing a public function (other than a function related to the carrying on of commercial activities). For example, the supply of medication by the NHS to a patient through a prescription would not be covered as it is a sale made by a public authority fulfilling a public function. Sales by public bodies or authorities which are carried out for purely commercial purposes would be captured. For example, if a public body were to set up a gift shop selling merchandise, this would be captured as ‘sale’ for the purposes of this part as it would be commercial activity not directly related to its public functions.
	Subsection (4) provides that "sale" includes some earlier actions with a view to sale, namely an agreement to sell, offering or exposing for sale or having in possession or holding for sale.
	Subsection (5) provides that other types of supply-related activities should also be treated as "sales" for the purposes of this Part. These other types of supply are listed in subsection (6) and include things like the leasing or hiring out of goods, or the gifting of goods where no consideration is given in exchange. Earlier actions with a view to these types of supply would also be covered e.g. an agreement to hire.
	Relevant regulatory requirements for the purposes of mutual recognition and non-discrimination for goods will therefore include any requirements relating to these activities. However as set out in section 2, the effect of mutual recognition will be limited by reference to the particular type of sale that is taking place in the nation where a good is being sold.