For England and Wales, the Solicitors Act 1974, the Administration of Justice Act 1985, and the Legal Services Act 2007.
For Scotland, the Solicitors (Scotland) Act 1980 and the Legal Services (Scotland) Act 2010.
For Northern Ireland, the Solicitors (Northern Ireland) Order 1976.
For all jurisdictions, the Immigration and Asylum Act 1999,
In addition, the measures applicable in each jurisdiction include any requirements set by professional and regulatory bodies.
Entry No. I-3 - Professional services (intellectual property agents)
Sector - Sub-Sector: Professional services - intellectual property agents
Obligations concerned: Local Presence, Most-Favoured-Nation Treatment
Level of Government: Central
Description: Cross-Border Trade in Services
Local presence is required for the provision of intellectual property agency services.
Measures: Copyright, Designs and Patents Act 1988.
Entry No. I-4 - Professional services (veterinary services)
Sector - Sub-Sector: Professional services - veterinary services
Industry Classification: CPC 932
Obligations Concerned: Market Access, Local Presence
Level of Government: Central
Description: Cross-Border Trade in Services
Only members of the Royal College of Veterinary Surgeons (RCVS) may provide veterinary services in the UK. RCVS guidelines may require physical presence for the provision of veterinary services.
Measures: Veterinary Surgeons Act 1966.
Entry No. I-5 - Business services
Sector - Sub-Sector: Business services - rental or leasing services without operators and other business services
Industry Classification: Part of CPC 831
Obligations Concerned: Market Access, National Treatment, Local Presence, Most-Favoured-Nation Treatment
Level of Government: Central
Description: Investment and Cross-Border Trade in Services
For rental or leasing of aircraft without crew (dry lease) aircraft used by an air carrier of the UK are subject to applicable aircraft registration requirements. A dry lease agreement to which a UK carrier is a party shall be subject to requirements in the national law on aviation safety, such as prior approval and other conditions applicable to the use of third countriesâ registered aircraft. To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by enterprises meeting specific criteria regarding ownership of capital and control (CPC 83104).
With respect to computer reservation system (CRS) services, where the UK air carriers are not accorded, by CRS services suppliers operating outside the UK, equivalent (meaning non-discriminatory) treatment to that provided in the UK, or where UK CRS services suppliers are not accorded, by non-UK air carriers, equivalent treatment to that provided in the UK, measures may be taken to accord equivalent discriminatory treatment, respectively, to the non-UK air carriers by the CRS services suppliers operating in the UK, or to the non-UK CRS services suppliers by UK air carriers.
Measures: Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) as retained in UK law by the European Union (Withdrawal) Act 2018 and as amended by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations (SI. 2018/1392).
Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89 as retained in UK law by the European Union (Withdrawal) Act 2018 and as amended by The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080).
Entry No. I-6 - Communication services
Sector - Sub-Sector: Communication services - postal and courier services
Industry Classification: Part of CPC 71235, part of 73210, part of 751
Obligations Concerned: Market Access
Level of Government: Central
Description: Investment and Cross-Border Trade in Services
The organisation of the siting of letter boxes on the public highway, the issuing of postage stamps, and the provision of the registered mail service used in the course of judicial or administrative procedures may be restricted. For greater certainty, postal operators may be subject to particular universal service obligations or a financial contribution to a compensation fund.
Measures: Postal Services Act 2011, Postal Services Act 2000.
Entry No. I-7 - Transport services and services auxiliary to transport services
Sector - Sub-Sector: Transport services - auxiliary services for water transport, auxiliary services to rail transport, road transport and services auxiliary to road transport, services auxiliary to air transport services
Obligations Concerned: Market Access, Local Presence, Senior Management and Boards of Directors
Level of Government: Central and Regional
Description (a)
(a) Services auxiliary to air transport services
With respect to Investment - Market Access and Cross- Border Trade in Services - Market Access:
The level of openness of groundhandling services depends on the size of airport. The number of suppliers in each airport may be limited. For big airports, this limit may not be less than two suppliers.
Measures (a)
The Airports (Groundhandling) Regulations 1997 (SI. 1997/2389).
Description (b)
(b) Supporting services for all modes of transport
With respect to Cross-Border Trade in Services - Local Presence:
Customs services, including customs clearance services and services relating to use of temporary storage facilities or customs warehouses, may only be provided by persons established in the UK. For the avoidance of doubt, this includes UK residents, persons with a permanent place of business in the UK or a registered office in the UK.
Measures (b)
Taxation (Cross-Border Trade) Act 2018. Customs and Excise Management Act 1979.
Description (c)
(c) Auxiliary services for water transport
With respect to Investment - Market Access, and Cross-Border Trade in Services - Market Access:
For port services, the managing body of a port, or the competent authority, may limit the number of providers of port services for a given port service.
Measures (c)
Regulation (EU) 2017/352 of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports, Article 6 as retained in UK law by the European Union (Withdrawal) Act 2018 and as amended by the Pilotage and Port Services (Amendment) (EU Exit) Regulations 2020 (SL 2020/671).
Port Services Regulations 2019.
Description (d)
(d) Road transport and Services auxiliary to road transport
With respect to Investment - Senior Management and Boards of Directors
Transport Managers within the Road Haulage sector may be required to be resident in the UK.
Measures (d)
Goods Vehicles (Licensing of Operators) Act 1995.
Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC as retained in UK law by the European Union (Withdrawal) Act 2018 and as amended by the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.L_2019/708).
Entry No. I-8 - Energy related activities
Sector - Sub-Sector: Energy related activities - mining and quarrying
Industry Classification: ISIC Rev 3.1 11
Obligations Concerned: Market Access
Level of Government: Central and Regional
Description: Investment
A licence is necessary to undertake exploration and production activities, both onshore and offshore. But mining and quarrying services may be provided to that licence holder without restriction.
This entry applies to production licences issued with respect to both onshore and offshore activities. To be a Licensee, a company must have a place of business within the UK. That means either:
(a) a staffed presence in the UK;
(b) registration of a UK company at Companies House; or
(c) registration of a UK branch of a foreign company at Companies House.
To be a party to a licence that covers a producing field, a company must either (a) be registered at Companies House as a UK company; or (b) carry on its business through a fixed place of business in the UK as defined in section 148 of the Finance Act 2003 (which normally tequires a staffed presence).
This entry does not cover the provision of mining and quarrying services to the licence holder. Such services may be provided without restriction, provided that the holder of the production licence meets the criteria above.
Measures: Petroleum Act 1998.
ANNEX II. EXPLANATORY NOTES
The Schedule of a Party to this Annex sets out, pursuant to Article 8.7 (Non- Conforming Measures - Cross-Border Trade in Services) and Article 13.13 (Non-Conforming Measures - Investment), the specific sectors, sub-sectors, or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 8.3 (National Treatment – Cross-Border Trade in Services) or Article 13.5 (National Treatment – Investment);
(b) Article 8.4 (Most-Favoured-Nation Treatment – Cross-Border Trade in Services) or Article 13.6 (Most-Favoured-Nation Treatment – Investment);
(c) Article 8.5 (Market Access – Cross-Border Trade in Services) or Article 13.4 (Market Access – Investment);
(d) Article 8.6 (Local Presence – Cross-Border Trade in Services);
(e) Article 13.11 (Performance Requirements – Investment); or
(f) Article 13.12 (Senior Management and Boards of Directors – Investment).
2. Each Schedule entry sets out the following elements:
(a) “Sector” refers to the sector for which the entry is made;
(b) “Sub-Sector”, where referenced, refers to the specific sub-sector for which the entry is made;
(c) “Industry Classification”, where referenced, refers to the activity covered by the entry, according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described in that entry;
“ISIC Rev. 3.1” means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 4, ISIC Rev. 3.1, 2002; and
“CPC” means the Provisional Central Product Classification (Statistical Papers, Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
(d) “Obligations concerned” specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.7 (Non-Conforming Measures – Cross-Border Trade in Services) and Article 13.13 (Non-Conforming Measures – Investment), do not apply to the sectors, sub-sectors, or activities listed in the entry;
(e) “Description” sets out the scope or nature of the sectors, sub-sectors, or activities covered by the entry to which the reservation applies; and
(f) “Existing measures”, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub-sectors, or activities covered by the entry.
3. In accordance with Article 8.7 (Non-Conforming Measures – Cross-Border Trade in Services) and Article 13.13 (Non-Conforming Measures – Investment), the Articles specified in the “Obligations concerned” element of an entry do not apply to the sectors, sub-sectors, and activities identified in the “Description” element of that entry.
4. In the interpretation of a schedule entry, all elements of the entry shall be considered. The “Description” element shall prevail over all other elements.
5. The list of entries below does not include measures relating to qualification requirements and procedures, technical standards, authorisation requirement and licensing requirements and procedures where they do not constitute a limitation within the meaning of Articles 8.3 (National Treatment – Cross-Border Trade in Services), Article 13.5 (National Treatment – Investment), Article 8.5 (Market Access – Cross-Border Trade in Services), Article 13.4 (Market Access – Investment), or Article 8.6 (Local Presence – Cross-Border Trade in Services). These measures may include, in particular, the need to obtain a licence, to satisfy universal service obligations, to have recognised qualifications in regulated sectors, to have completed a recognised period of training, to pass specific examinations, including language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, to have a local agent for service, or to maintain a local address, or any non-discriminatory requirements that certain activities may not be carried out in protected zones or areas. While not listed, such measures continue to apply.
6. Non-discriminatory measures do not constitute a market access limitation within the meaning of Article 8.5 (Market Access – Cross-Border Trade in Services) or Article 13.4 (Market Access – Investment) of this Agreement for any measure:
(a) concerning zoning and planning regulations affecting the development or use of land, or another analogous measure;
(b) requiring the separation of the ownership of infrastructure from the ownership of the goods or services provided through that infrastructure to ensure fair competition, for example in the fields of energy, transportation, and telecommunications;
(c) restricting the concentration of ownership to ensure fair competition;
(d) seeking to ensure the conservation and protection of natural resources and the environment, including a limitation on the availability, number, and scope of concessions granted, and the imposition of a moratorium or ban;
(e) limiting the number of authorisations granted because of technical or physical constraints, for example telecommunications spectra and frequencies; or
(f) requiring that a certain percentage of the shareholders, owners, partners, or directors of an enterprise be qualified or practice a certain profession such as lawyers or accountants.
7. For the purposes of the Schedules of Australia and the United Kingdom, an entry for a requirement to have a local presence in the territory of Australia or the United Kingdom is made against Article 8.6 (Local Presence – Cross-Border Trade in Services), and not against Article 8.3 (National Treatment – Cross-Border Trade in Services) or Article 8.5 (Market Access – Cross-Border Trade in Services).
ANNEX II. SCHEDULE OF AUSTRALIA
INTRODUCTORY NOTES
1. For the avoidance of doubt, in relation to education services, nothing in Chapter 8 (Cross-Border Trade in Services) or Chapter 13 (Investment) shall interfere with:
(a) the ability ofindividual education and training institutions to maintain autonomy in admissions policies (including in relation to considerations of equal opportunity for students and recognition of credits and degrees), in setting tuition rates and in the development of cutricula or course content;
(b) non-discriminatory accreditation and quality assurance procedures for education and training institutions and their programmes, including the standards that must be met;
(c) government funding, subsidies or grants, such as land grants, preferential tax treatment, and other public benefits, provided to education and training institutions; or
(d) the need for education and training institutions to comply with non- discriminatory requirements related to the establishment and operation of a facility in a particular jurisdiction.
3. For greater certainty, where Australia has more than one entry in its Schedule to Annex II that could apply to a measure, each entry is to be read independently, and is without prejudice to the application of any other entry to the measure.
4. All dollar figures are in Australian dollars unless specified otherwise.
1. Sector: All
Obligations concerned: Market Access (Cross-Border Trade in Services)
Description: Australia reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, subject to the provisions of Chapter 11 (Temporary Entry for Business Persons), that is not inconsistent with Australia's obligations under Article XVI of GATS.
Existing measures:
2. Sector: All
Obligations concerned: National Treatment (Cross-Border Trade in Services and Investment), Market Access (Cross-Border Trade in Services and Investment), Local Presence, Performance Requirements, Senior Management and Boards of Directors
Description: Australia reserves the right to adopt or maintain any measure that accords preferences to any Indigenous person or organisation or providing for the favourable treatment of any Indigenous person or organisation.
For the purpose of this reservation, an Indigenous person means a person of the Aboriginal and Torres Strait Islander peoples.
Existing measures:
Legislation and ministerial statements at all levels of government including Australia's foreign investment framework, and the Native Title Act 1993 (Cth).
3. Sector: All
Obligations concerned: National Treatment (Investment), Market Access (Investment), Performance Requirements
Description: Australia reserves the right to adopt or maintain any measure with respect to a proposed acquisition by a foreign person (1) (2) of an interest in Australian land, (3) other than developed commercial land or land that is used wholly and exclusively for a primary production business.
Existing measures: Australia's Foreign Investment Framework, which comprises Australia' s Foreign Investment Policy, Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulation 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.
4. Sector: All
Obligations concerned: National Treatment (Investment), Most-Favoured-Nation Treatment (Investment), Market Access (Investment), Performance Requirements, Senior Management and Boards of Directors
Description: Australia reserves the right to adopt or maintain any measure with respect to the proposed acquisition by a foreign person (4) (5) of an interest in agricultural land (6) where the cumulative value of the agricultural land owned by the foreign person alone or together with associates, including the proposed acquisition, is above $15 million.
Australia reserves the right to adopt or maintain any measure with respect to the proposed acquisition by a foreign person of an interest in an agribusiness (7) where the cumulative value of the interest held by the foreign person in that agribusiness, alone or together with associates, including the proposed acquisition, is above $61 million.