Part 2: UK Market Access: Services UK Market Access: Services Section 23: Interpretation of Part 2
Subsection (1) of this section contains definitions of terms contained within Part 2 of the Act, including "authorisation requirement," "legislative requirement," "public health emergency," "regulator" and "regulatory requirement."
	The definition of "legislative requirement" provides that it is a requirement imposed by, or by virtue of legislation. This therefore includes requirements imposed in the exercise of statutory functions, in addition to those contained in legislation.
	The definition of "regulator" provides that it is a person exercising regulatory functions, and includes a Minister of the Crown, the Scottish Ministers, the Welsh Ministers, and a Northern Ireland department.
	Subsection (2) provides that if a function conferred on a regulator by legislation can only be exercised in a way that would directly or indirectly discriminate against a service provider under section 20 (1) or 21(1), the function of the regulator is to be treated as though it was a regulatory requirement for the purposes of those non-discrimination sections. Such a function would therefore be of no effect if it can only be exercised in a way that would directly or indirectly discriminate against a service provider. This is to prevent regulators being required to impose a discriminatory requirement in circumstances where such a requirement would be rendered of no effect by operation of sections 20 or 21.
	Subsection (3) states that subsection (2) does not affect the continuation in force, or continuing effect, of existing requirements as provided for under subsection 17(5)(c) and not preserved by section 17(6). This means that subsection (2) will not operate to disapply existing requirements made under a function that would, following commencement of the Part, fall within subsection (2).
	Subsection (4) provides that any effect of the direct and indirect discrimination provisions for goods (in section 5) and services (in sections 20 and 21) is to be disregarded when considering whether a person is authorised to provide services in another part of the UK for the purposes of mutual recognition for services in section 19. So, for example, a person may rely on the satisfaction of a discriminatory authorisation requirement for the purposes of mutual recognition (noting that the authorisation requirement may be a regulatory requirement or otherwise require the satisfaction of regulatory requirements).