Part 2: UK Market Access: Services UK Market Access: Services Section 18: Services exclusions
This section provides that services or requirement listed in Schedule 2 are excluded from either, or both of the market access principles in Part 2.
	Subsection (1) introduces Schedule 2. It provides: that services in the first column of the table in Part 1 of Schedule 2 are excluded from the principle of mutual recognition in section 19; services in the first column of the table in Part 2 of Schedule 2 are excluded from the principle of non-discrimination in sections 20 and 21; authorisation requirements listed in Part 3 of Schedule 2 are excluded from the principle of mutual recognition in section 19; and, regulatory requirements listed in Part 4 of Schedule 2 are excluded from the principle of non-discrimination in sections 20 and 21.
	Subsection (2) requires the Secretary of State to keep Schedule 2 under review and provides the Secretary of State with a power to add, amend or remove entries from Schedule 2 by regulations. These regulations are subject to the affirmative resolution procedure – see subsection (7).
	Subsection (3) (together with the definition of "common framework agreement" in subsection (4)), makes clear that the power to amend Schedule 2 includes, for example, the power to give effect to a consensus reached between a Minister of the Crown and one or more of the devolved administrations that certain things should be excluded from the application of Part 2 of the Act. In relation to such a consensus, the things that may be excluded are cases, matters, requirements or provisions dealing with the regulation of devolved or transferred matters previously governed by EU law.
	Subsections (5) and (6) make provisions relating to the interpretation of devolved or transferred matters for the purposes of section 18.
	Subsections (8), (9) and (10) provide that before making any regulations under subsection (2), the Secretary of State must seek the consent of the devolved administrations. If consent is not provided within one month of it being requested, the Secretary of State may proceed to make the regulations without that consent. If making the regulations in the absence of consent, the Secretary of State must first publish a statement explaining why they chose to proceed.