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1. Coverage of the Directive/Scope:
1.1 What is a service?
A service is an economic activity normally provided for remuneration outside a contract for employment. This activity could be industrial, or commercial in nature, a craft or the activity of a profession. “Remuneration” should be interpreted broadly, for example, money or payment in kind (but excluding wages). A service can be business to business or business to individual activity.
Services which are not provided for remuneration are not covered by the Directive. For example, non-remunerated house to house collections for charity would not be within scope.
1.2 How can Local Authorities judge whether a provider is concerned with goods or services?
There is no definitive test of what is a “service” and in some cases it may not be possible to determine that a sector as a whole is concerned with either goods or services.
To give three examples, our view is that restaurants are providing a service. Our view is also that retail premises will generally be providing a service where activity is not exclusively concerned with a contract for the sale of goods. Spray painting carried out in a car production plant it is likely to concern goods. But where it is carried out in the process of repairing a car or provided as an independent service, it is likely to be a service.
Local Authorities may need to take a case by case approach with their legal advisers.
1.3 Which services are within scope of the Directive?
The basic rule is that a service is within scope of the Directive unless it is explicitly excluded from it. The following is the list of services excluded from the Directive:
1) Financial services, such as banking, credit, insurance and re-insurance, occupational and personal pensions, securities, investment funds, payment and investment advice, including the business of credit institution.
2) Electronic communications services and networks, and associated facilities and networks as defined in five Directives on electronic communications and related matters in five 2002 Directives. These Directives were largely implemented in the UK by the Communications Act 2003. Such services and networks include, for example, voice telephony and electronic mail services.
3) Services in the field of transport including air transport, maritime and inland waterways transport, including port services, as well as road and rail transport, in particular urban transport, taxis and ambulances.
Examples of services which are not covered by this exclusion are removal services, car rental services, funeral services and aerial photography services. Neither does the exclusion cover commercial activities in ports such as shops and restaurants.
4) Services of temporary work agencies. The HMG view is that this covers only the hiring out and placement of workers in temporary work, and does not cover other services provided by the same agency. BIS considers that “temporary work agency” should be defined as set out in the Employment Agencies Act 1973, section 13(3).
5) Healthcare services. This exclusion covers healthcare and pharmaceutical services provided by health professionals to patients to assess, maintain or restore their state of health where those activities are reserved to a regulated health professional in the Member State in which the services are provided.
6) Audiovisual services, including cinemas and broadcast services but not, in HMG’s view, storage of celluloid material for which a licence is currently required.
7) Gambling services, which involve wagering a stake for monetary value in a game of chance, including lotteries, gambling in casinos and betting transactions.
8) The exercise of official authority as set out on Article 45 of the Treaty.
9) Social services relating to social housing, childcare and the support of families in need, where these are provided by the State, by providers mandated by the State or by charities recognised as such by the State. The HMG view is that services provided on a charitable basis by Registered Social landlords are out of scope of the Directive. Services provided on a commercial basis by charitable organisations or their trading subsidiaries are, however, in scope of the Directive.
10) Private security services.
11) Services provided by notaries and bailiffs appointed by an Act of Parliament.
Services of a general economic interest (such as the Post Office), non-economic services of a general interest and taxation are also excluded from the Directive.
1.4 How can Local Authorities access information about the outcome of the national legislative screening exercise?
The BIS website http://www.berr.gov.uk/servicesdirective contains information on which national legislation has been screened in relation to the Directive and which HMG considers is out of scope, in scope but justified or in scope and being amended to comply with the requirements of the Directive. The website also contains a near complete list of authorisations for which Local Authorities are responsible and which we believe to be within scope. Both documents are being updated, including for information from the devolved administrations.
In response to requests at the roadshows, we will be issuing further screening guidance and flowchart to help authorities understand how to use this information to identify the extent to which further screening is required at a local level.
The Government is still considering its position in relation to a number of areas of legislation. For example, the position of health and safety legislation in relation to the Directive. An alert will be sent to Primary Liaison Points within Local Authorities as and when the lists are updated.
1.5 What is a "requirement” for the purposes of the Services Directive?
A “requirement”, for the purposes of the Directive, is anything that restricts access to (e.g. an authorisation), or exercise of, a service activity. Therefore all licensing regimes, registration processes, approval systems and continuing requirements which affect service providers have to be checked to ensure they comply with the Directive.
A requirement could derive from national legislation, Local Authority Act or Bye Law, administrative rules, conditions attaching to licences, a standard contractual term which is part of an authorisation process or other restriction. Local Authorities, working with their legal advisers, need to apply the test of whether the rule in question is one with which a provider must comply in order to start to provide or carry on a service.
The Directive does not apply to private contractual arrangements. Subject to the point above about terms which are part of an authorisation process, we would not normally expect the terms of a contract between a Local Authority and a service provider to be caught by the Directive. However, a Local Authority should not use its standard terms of doing business with service providers as a way of evading its obligations under the Services Directive.
1.6 Does the Directive apply to all requirements that might affect a service activity?
The Directive only applies to requirements that affect access to, or the exercise of, a service activity.
For example, the HMG view is that the the Building Control Act 1966 is not in scope of the Directive, but that the Building Regulations 2000 are in scope.
Local Authorities may, however, need to consider some decisions on a case by case basis with their legal advisers. For example, a decision not to permit a third hairdresser to open in a local shopping parade is a decision about a particular business and could be caught by the Directive.
2. Administrative Cooperation:
Internal Market Information (IMI) System:
2.1 Will CRB checks done in other Member States be accepted in the UK?
If a requirement to undertake a CRB check is justified, then authorities will have to rely on checks done in other Member States when seeking criminal record information for service providers from these Member States.
2.2 Will, for example, licensed tattooists that comply with health & safety requirements in another Member State, be able to understand and comply with UK health & safety requirements?
Most of the UK’s health and safety at work legislation is exempt from the Services Directive. Any health and safety law that is in scope will continue to apply, so tattooists from other Member States will be expected to understand and comply with UK requirements.
2.3 If a competent authority in another Member State is asked to provide documentation on behalf of the applicant, what would happen if that documentation is not received?
The clock does not start ticking until all the documentation required has been received although the authority must notify the applicant as to the reason for any delay.
2.4 What would happen if all the documentation required has been submitted but further information requested via the IMI has not been received?
Competent authorities are allowed to extend the period in which they can process an application once only for complexity and must notify the applicant of this and the reasons why. The local authority will be able to contact the National Liaison Point, who will be able to help by contacting their counterpart in the relevant Member State.
2.5 Who decides the “threshold” for sending IMI alerts?
There is a checklist that will need to be completed before sending an alert. The IMI system will not allow an authority to send an alert unless all the criteria have been met.
2.6 Does data protection legislation stop me from sharing data with the authorities in other member states?
No. The Data Protection Act 1998 will not prevent local authorities from sharing data with their EU counterparts in order to meet their administrative cooperation obligations. Providing personal data in these circumstances will amount to a legal obligation to disclose for the purpose of Schedules 2 and 3 to the Act.
The only exception to this is the sharing of information about disciplinary or administrative actions, criminal sanctions and decisions concerning insolvency or bankruptcy where the service provider must give their consent to sharing this information if disclosure cannot lawfully be made otherwise.
Registers:
2.7 Do we need to increase/create our number of registers?
No. You must make any registers of service providers that are currently publicly available within the UK, available to competent authorities in other Member States on the same basis. If a register does not currently exist, there is no need to create a new one.
2.8 We currently hold public registers but they are not online – do we need to publish these registers online?
No. You only need to make these registers available to competent authorities in other Member States on the same basis as you make them available to competent authorities in the UK but this does not necessarily mean publishing the registers online.
3. Point of Single Contact (PSC):
3.1 If a fee is not received, can a local authority reject the application?
Yes. The application is not complete unless the fee is paid although the authority must notify the applicant as to the reason why the application has been rejected.
3.2 Which payment engine will you (BIS/the PSC) be using?
BIS will be supporting Worldpay, Capita, Civica and Northgate when used by the local authority. We will check what other payment engines are used by local authorities and, if necessary, review that list in light of the information we get.
3.3 Our local authority doesn’t accept credit cards, will that be ok?
Local authorities are required to accept an electronic fee payment. It is at your discretion which brands of cards you accept. However, as a minimum, you should accept both Maestro and Visa debit cards as both are widely used across Europe.
3.4 Can I charge credit card users a premium?
Yes, if your payment engine allows it, you can charge a premium for credit card use. (Note: you cannot charge a premium to users of foreign debit cards, as that would be discriminatory.).
3.5 Can the fee charged be increased to cover the charge of changing currency for service providers in other Member States?
With online card payments you price in sterling and you get paid the amount charged in sterling by the card provider. You will typically pay a higher fee for overseas debit cards. You cannot charge applicants from other EU states more than UK-based applicants, so you should factor the cost of accepting those cards in setting your fees. You will be able to get the precise fees from your bank and payment service providers.
3.6 How does the PSC overlap with the “Single Business Register”?
The Single Business Register is not being pursued by government. However, the PSC is closely aligned with the Convergence Strategy, which consolidates business to government contact through the businesslink.gov site.
3.7 Has there been any research done about the likely level of demand and/or increase in demand from implementing the PSC and/or the Directive?
Yes. Further details can be found in the Impact Assessment on the website. The main initial demand is likely to come from new and existing UK service providers.
3.8 Do local authorities have to check that an applicant has permits or licences issued by their home country before they can apply for a licence or permit in the UK?
Not in general. You must treat applications from another member state in the same manner as you would approach an application from the UK, so you must only ask about qualifications and experience for applications from service providers from other Member States on the same basis as for those from the UK. You should also note that a start up without any trading history can apply from another member state.
3.9 How will a local authority manage anything it gets that then has to go back out to other consultees, for example, the police etc?
Each local authority should build sufficient time into its timescales for dealing with a specific application process, including allowing time for consulting with others.
3.10 Will local authorities have to design a new website?
No. Local authorities can use the BIS forms service provided as part of the PSC. You may have to make some changes to your site’s business regulatory content to comply with the Directive, but you certainly will not need a new site for this.
3.11 Should local authorities switch off their own websites?
No, local authorities will still need to use your website to publish local information and you may choose to use your own online facilities at any time in the future.
3.12 How will a local authority know that there is a licence application pending?
The forms service will send an email to a nominated email address telling you about the application. You can nominate different addresses for different departments if you wish and you will have some control over the frequency of messages. You are obliged to process applications through the PSC, so it will be good practice to periodically log-in and check for applications if no emails are received.
3.13 How will a local authority know that there is a fee to be paid?
You will be able to set your own fees for each formality handled by the BIS forms service and the user will make an online payment. The fee paid and a payment reference will be supplied to you. If the user had to calculate the fee themselves, you will need to check that they have got it right.
3.14 Will the PSC check that a form is complete before passing it on?
It will ensure that mandatory fields have been filled and that the right number of attachments have been made and that a payment, if there is one, has been applied. The authority will still need to check each application to ensure that it is correct.
3.15 Why can’t the PSC have different application forms for different local authorities?
The Directive requires that procedures be simplified where possible, firstly to keep development costs and risk reasonable, secondly to make it easier for businesses who need to apply to several local authorities. If an authority needs material in addition to that requested on the standard form then the service provider can attach the additional content as a document.
3.16 Why can’t the PSC have standard application forms for all (as there will be some standard forms from BIS and some online at local authorities)?
The local authority can choose to mix its offering to best reflect its own business needs. A local authority can use the BIS forms service for all of its forms that are in scope of the Directive.
3.17 When will local authorities be able to see the standard application forms?
Where there is no model or prescribed form available for us to use, we will consult on what a form should contain during May.
3.18 Would BIS/EU enforce the use of standard forms across the EU?
All applicants from within the EU applying to the UK will use the same local authority forms and UK applicants applying in other member states will use their local forms. The Directive is not trying to harmonise forms.
3.19 Do I have to accept applications or documents in foreign languages?
No. You can require that documents get translated although the Directive does not allow you to insist on certified translations.
3.20 Will the PSC be multi-lingual?
The Directive does not require the PSC to be multi-lingual. The UK’s PSC will be in English, although some introductory content may be held in some languages of the other Member States. Some local authorities translate business facing content into languages used in their community and they can continue to do so.
3.21 How does the PSC affect my data protection policy?
It does not. You have the same obligations in respect of maintaining privacy and so forth as you do now (but see question 2.6 about mutual assistance). The PSC will have a data protection statement that the user must signify assent to before proceeding. The statement will explain how the PSC will pass data to competent authorities who in turn may contact other authorities involved in the regulatory process. The PSC will implement security in line with government guidelines, which includes an expert assessment and testing for security vulnerabilities before the system goes live.
3.22 Do we need to connect to the PSC through either the GCSx or GSX secure network?
No - our security assessment has indicated that https access over the web is sufficiently secure for authority staff to access the PSC.
3.23 What happens if an applicant says they have posted an application or any supporting documentation, but the local authority doesn’t receive it?
It will be up to the applicant to prove that the application was made and received. The PSC will keep a record of applications sent through it. The PSC will recommend that the applicant uses recorded delivery.
3.24 Will service providers be required to register on the PSC?
Yes; however, that registration does not authenticate service providers.
3.25 Will the contents of the application forms be kept by the PSC?
Yes. At least from the time the form is submitted by the applicant until the case is decided. This so an authority that loses an in-process application can retrieve it. Prior to submission, an authority has no sight of the form. Service providers can delete applications that have been decided from 28 days after the decision was issued.
3.26 If someone submits rubbish into the PSC, will it know?
There will be some validation of data and some basic checks (e.g. for viruses) of attachments, but it is down to the authority to check the application in detail and inform the applicant if a form is incomplete or incorrect.
3.27 If a local authority has an online form that is printed out at the end for sending to the local authority, is that ok?
An authority must be able to accept an application submitted electronically. This includes the form, fee and any attachments. If a service provider opts to post forms despite being given the opportunity to submit electronically, that would still be acceptable but the choice lies with the service provider not the local authority.
3.28 Will the PSC notify the service provider when it has confirmation that a licence has been granted/application has been accepted?
If an application has been received via the PSC, you are obliged to respond via the PSC. You will be able to tell the applicant whether you have accepted or declined and give conditions and reasons behind your decision. The service provider will get an email telling them a decision has arrived and they can log-in to the PSC and pick up the details.
3.29 Will printed licenses pass through the PSC?
You can send a licence for the service provider to print. However, if you wish to issue a licence with holograms or the like, it is acceptable to notify that the licence is granted electronically and then follow that up with posted material. Once electronically notified, the licensee does not need to wait for the posted material to start the licensed activity.
3.30 How will the applicant know which local authority to apply to?
The system will ask the applicant to supply the postcode and point the user accordingly. The PSC will use Royal Mail’s Postzon product for this.
3.31 If the applicant was given the wrong local authority details, what would happen? When would tacit authorisation start?
It is up to the applicant to ensure that the correct postcode information is submitted. If the applicant does not provide the correct information and the relevant authority does not receive the application then tacit authorisation would not apply as the form is incomplete or faulty in Directive terms. Local authorities must not sit on applications that they have decided are not for them and must inform the applicant as soon as possible.
3.32 Would it be better to use the PSC or develop our own website?
That is a business decision for the local authority; however, you are obliged to supply some information on your site. BIS will be providing an overview on the PSC and some standard material that local authorities can use on their own website. For online applications you have a choice of whether to use the BIS forms service or provide your own service or offer a mix. See http://www.berr.gov.uk/whatwedo/europeandtrade/europe/services-directive/local%20authority/page50030.html, which gives details.
3.33 I want to use a commercially available system to offer licence applications online. Are there products that are compliant with the Services Directive?
http://www.berr.gov.uk/whatwedo/europeandtrade/europe/services-directive/local%20authority/page50030.htmlsets out the criteria for Directive compliance of an authority’s own online system, to which the PSC can link. You are recommended to check that a vendor’s product meets those criteria. BIS is unable to comment about any particular vendor’s products.
4. Screening:
4.1 Why can’t screening bye-laws be done centrally?
Model bye-laws have been looked at centrally. Local Authorities will only need to screen bye-laws if they have imposed any requirements above the minimum stated in the model bye-laws.
4.2 Would it be possible for Primary Authorities to lead on this rather than Local Authorities?
We don’t believe this would be practicable as each Local Authority has its own way of working, including processes, practices etc. However, there is nothing to prevent a group of neighbouring authorities from working together on this.
4.3 Will there be an audit of local authorities to check that we have screened our legislations correctly?
BIS is working with local authorities to ensure that the UK fulfils its obligations under the Directive. In addition, we will be working with key stakeholders, including LACORS, the LGA and others to ensure that we provide the support needed to ensure this happens, e.g. advice, guidance, training etc. No full audit of all local authorities is planned; however, local authorities should bear in mind the consequences of non-compliance as set out in Qs 4.1 & 4.2 above.
In the first half of 2010, the UK, along with other EU Member States, will undertake a six-month mutual evaluation process of how the Directive has been implemented.
4.4 By law, a local authority can restrict sex shops to one per area, will that still be allowed?
Any restrictions will have to meet the requirements as set out in the Directive concerning Overriding Reasons of Public Interest (see Recitals 40 and 41 and Article 4(8) and 15 of the Directive).
4.5 Where primary legislation allows local authorities to limit the number of service providers in an area, will BERR change the legislation if needed?
Any restrictions will have to meet the requirements under Recitals 40 and 41 and Articles 4(8) and 15 of the Directive that deal with Overriding Reasons of Public Interest.
4.5 Will lap dancing legislation be covered/changed by the Directive?
The Home Office is leading a review of lap-dancing legislation and all stakeholders will be informed of the outcome in due course.
4.6 If a number of local authorities implement the same local act, will they all have to screen it individually?
Local authorities are individually responsible for the way they implement the legislation they are responsible for; however, BIS would encourage local authorities to work together on agreeing a common view on this through existing local, regional and national networks.
4.7 Will the Licensing Act 2003 need to be changed in order to comply with the Directive?
Some aspects of the alcohol and entertainment licensing regime that relate to the application process appear to be non-compliant with the Services Directive, such as the need to submit hard copies of application forms to several different authorities. DCMS is considering the extent of the changes that are necessary and will advise in due course.
5. Tacit Authorisation:
5.1 What’s to prevent a local authority from issuing a blanket disclaimer along the lines that “tacit authorisation does not apply”?
Local authorities will need to show that tacit authorisation will not apply because to do so could result in an injury to a third party. A blanket ban could lead to a legal challenge.
5.2 Is central government checking licenses to see if Tacit Authorisation can be allowed or not?
BIS will be issuing additional guidance on where tacit authorisation should not apply.
5.3 If the time period within which an authorisation should be granted is not set nationally, are we not missing an opportunity to do so now?
Research found that different local authorities take different amounts of time to grant particular licences as they vary in their size, number of applications received etc. It would not be appropriate for central government to impose time periods nationally.
5.5 When does the clock start with Tacit Authorisation?
The clock starts when the completed application is submitted along with all the required information and documents requested, including fee. If the local authority spots an error or omission in the application, it can be placed on hold and the clock starts from the beginning when the applicant either supplies a correction or all the information requested.
5.6 A zoo must be inspected by a veterinary officer appointed by the local authority; however, there a limited number of such veterinary officers and it can sometimes take a long time for an inspection to happen, will tacit authorisation still apply?
HMG is of the view that tacit authorisation would apply in the case of zoo licences because of Overriding Reasons Relating to the Public Interest (ORRPI). However, local authorities will still need to deal with applications in a timely manner i.e. accordance with its public timetable, that should allow for any potential delay in getting hold of a veterinary officer.
6. Fees for applications:
6.1 How can local authorities recover enforcement costs if they’re not allowed to be included in the licence fee?
Local Authorities are allowed to recover enforcement costs only from those service providers they enforce. For example, Westminster Council requires the application and enforcement fee to be paid at the outset for applications for licensable sex establishments and, for every unsuccessful application, the enforcement element of the fee that has been paid is returned.
6.2 How will the prohibition of fixed tariffs affect the “cumulative impact of licensed premises”?
The Services Directive does not encourage the setting of minimum tariffs or restricting the number of service providers but recognises that such restrictions may be necessary for reasons of Overriding Reasons of Public Interest as set out in Recitals 40 & 41 and Articles 4(8) and 15 of the Directive, which allows limits on certain types of activities.
7. General/background questions:
7.1 Who is responsible for ensuring that the UK implements the Directive correctly and on time?
BIS is responsible for managing the implementation of the Directive within the UK. If the Commission believes that the UK has not fulfilled its obligations under the Directive then it will first contact BIS, which will then investigate and respond to the Commission’s concerns.
7.2 What is the review process for a service provider whose application using the PSC is unsuccessful?
The PSC will provide information on the means of redress available to a service provider in the event of a dispute with a competent authority.
If a service provider believes that a particular local authority has not interpreted the Directive correctly, they may also wish to seek legal advice as to whether there is any redress via the Courts.
7.3 How will the Directive impact on local Approved Trader Schemes, which are only available to businesses located within that area?
The Directive applies to legislation and practices at both national and local level, which would include local Approved Trader Schemes.
7.4 How will the Directive impact on local standing orders?
The Directive applies to both legislation and practices at both national and local level, which would include local authority standing orders. Local authorities will need to screen their standing orders to ensure they are compliant.
7.5 What will be the level/type of contact between the BIS Implementation Team and the local authority primary liaison points (PLPS)?
BIS will use the liaison points to disseminate and update information, advice and guidance on implementing the Directive. We will also use the liaison points to gather information about where local authorities are in terms of the actions they need to take i.e. to measure progress against key milestones. We would also expect the liaison point to engage and communicate with colleagues within their local authority, including those involved in regulation, website management (customer service or IT), legal and finance given the cross-cutting nature of the Directive.
7.6 What’s being planned re communicating with business?
BIS has produced two one-page documents for business, which set out the benefits of the Directive and their obligations under it. We are also liaising with key representative organisations such as the Federation of Small Businesses, Institute of Directors and the CBI. In addition, we are encouraging all those involved in implementing the Directive, including local authorities, to consider how they might help and will be producing further guidance later in the year.
7.7 Will there be any additional funding to help local authorities implement the Directive?
The Services Directive does not change the functions of local authorities in dealing with licence applications, which stem from the existing UK legislation. The online application element in the Point of Single Contact (PSC) is being provided by BIS.
BIS is funding the development of the central PSC so that local authorities are not required to make substantial investments in their own online systems. Some authorities have already put in place electronic application processes either funded from their own resources or using the money provided by ODPM as part of the 2001-2005 e-Govt initiative. In these cases we will link to those systems and will also accommodate a mix and match approach where a local authority has automated some licensing systems but not others.
The PSC leads to an opportunity for local authorities to put in place electronic processing by sharing in national economies of scale in areas where there would not otherwise have been a local business case justification for doing so.
Funding has been provided for local authority staff time on training related to the Internal Market Information (IMI) system through an allocation by Communities and Local Government as part of the CSR07 settlement. The system itself as well as the training and materials are being provided by the Commission and BIS.
7.8 What is the role of LACORS in helping local authorities to implement the Directive?
BIS will be working very closely with LACORS (and others) to ensure that consideration of policy issues during the implementation process is joined-up.
7.9 How will the Directive save local authorities money as I haven’t received any applications from other Member States?
The Services Directive aims to make it easier for all service providers to set up business across the UK; the PSC will facilitate applications from elsewhere in the UK and EU and streamline the application process. Further details can be found in the Impact Assessment on the website.
7.10 Is the 27th December 2009 deadline UK or EU wide?
The 27th December 2009 deadline applies to all EU Member States.
7.11 Will the BIS designed forms contain diversity monitoring information that most authorities are currently recording?
No. There is no national policy or legislation that requires diversity forms to be issued. Local authorities are welcome to send their own questionnaires to applicants as a follow up, as long as completing these is optional.
7.12 Local authorities currently require a “wet signature” for some licensing regimes – how will these be affected by the Services Directive?
The Directive requires that applications should be made electronically and remotely. Local authorities should therefore first consider the reasons why they require a wet signature and whether these could be fulfilled by some other means. Some Member States are able to provide a digital signature, which the Point of Single Contact will be able pass on. Further information would also be available to a local authority via the Internal Market Information system (see FAQs 2.1 to 2.6)
7.13 Will premises that are not licensed in the UK but are in other EU Member States, for example, brothels in Holland, be able to be licensed in the UK under the Directive?
No. If an activity is illegal in the UK (or not already regulated in the UK) that will continue to be the case.
7.14 For a personal licence, the applicant must be resident in the area, what is being done about this?
Personal Licences are outside the scope of the Directive.
7.15 If a service provider has exclusive contractual rights for providing a catering service at an event in a park but another service provider would also like to provide a catering service at that event, would they be able to under the Directive?
The Services Directive does not affect private contractual arrangements.
7.16 The Directive obliges EU countries to examine all legislation and practices - does “practices” include the practice of local authorities as landowners and landlords of commercial premises placing restrictions by contract or lease covenants? (These are commonly put in place to protect private commercial interests or for estate management reasons.)
To the extent that these are contractual rather than regulatory or administrative restrictions, we would not normally expect them to be caught by the Directive.
7.17 What are the links with the Mutual Recognition of Professional Qualifications?
Regulated Professions already caught by the Mutual Recognition of Professional Qualifications (MRPQ) Directive will still have to check their procedures for compliance with the Services Directive and their authorisation schemes will still have to feature on the Point of Single Contact. However, as MRPQ takes precedence where its provisions conflict with the Services Directive, regimes that are caught by MRPQ will, on the whole, comply with the Services Directive.
