Part 2: UK Market Access: Services UK Market Access: Services Section 17: Services overview
This section sets out the scope of the provisions on the regulation of services in this Part by making provision that limits the application and effect of authorisation requirements for mutual recognition in section 19, and regulatory requirements for non-discrimination in section 20 and section 21.
	Subsection (3) provides a definition for authorisation requirement for the purposes of the mutual recognition principle in section 19.
	Subsection (4) provides a definition for regulatory requirement for the purposes of direct discrimination in section 20 and indirect discrimination in section 21.
	Subsection (5) sets out provisions that are neither an authorisation requirement for the purposes of section 19, nor a regulatory requirement for the purposes of section 20 and 21, meaning that they are not within scope of the principles of mutual recognition and non-discrimination in Part 2.
	Subsection (5)(a) establishes relevant requirements for the purpose of the mutual recognition principle for goods (defined in section 3) are not authorisation requirements or regulatory requirements, for the purpose of Part 2.
	Subsection (5)(b) establishes that provision of the sort described in section 24(1) and 28(1) (professional qualifications and regulation), to the extent it has the effect described in those subsections, is not an authorisation requirement or regulatory requirement for the purposes of Part 2.
	Subsection (5)(c) excludes existing requirements. Subsection (5)(c)(i) provides that legislative requirements in force, or otherwise in effect, the day before the day on which section 17 comes into force are not authorisation requirements or regulatory requirements. Subsection (5)(c)(ii) provides that a requirement that comes into force or otherwise takes effect on or after the day on which section 17 comes into force is not an authorisation requirement or regulatory requirement to the extent that it re-enacts or replicates (without substantive change) a provision that was in force immediately before that day.
	Subsection (5)(d) provides that requirements applying to both service providers and persons that do not provide services are not authorisation requirements or regulatory requirements.
	Subsection (5)(e) provides that a requirement to notify or register with a regulator is not an authorisation requirement or regulatory requirement, for the purpose of Part 2.
	Subsection (5)(f) provides that a requirement to provide evidence of being authorised to provide services in a part of the UK, other than the part in which the requirement applies, is not an authorisation requirement or regulatory requirement for the purposes of Part 2.
	Subsections (6) and (7) provide that subsection 5(c) does not apply if a corresponding authorisation requirement in another part of the UK is substantively changed on or after the day on which section 17 comes into force. This means that an authorisation requirement will be subject to the mutual recognition principle under section 19 where it has not changed but where a corresponding authorisation requirement in another part of the UK has substantively changed.
	Subsection (8) provides that an authorisation requirement will be substantially changed if a legislative requirement that would, if not satisfied, prevent the grant of the authorisation is substantively changed. This means that changing the conditions subject to which authorisation may be granted, may bring the authorisation requirement itself into scope of Part 2.
	Subsection (9) defines "service provider" and "permanent establishment" for the purpose of Part 2. Together they ensure that a service provider will only be within scope of the Part if it is a person that provides services in the course of its own business (i.e., not employees), and has a permanent establishment in the UK.