Section 4 — Exclusion of certain requirements existing before commencement

(1) A statutory requirement in a part of the United Kingdom (“the relevant part”) which—

(a) applies in relation to a particular sale of goods in that part of the United Kingdom, and

(b) would otherwise fall within section 3 as a relevant requirement,

is not a relevant requirement (so far as relating to the sale) for the purposes of the mutual recognition principle where the conditions in subsection (2) are met.

(2) The conditions are that, on the relevant day —

(a) the same statutory requirement would have applied in relation to the sale if it had taken place on that day, and

(b) there was no corresponding requirement in force in each of the other three parts of the United Kingdom.

(3) For the purposes of subsection (2) “the relevant day” is the day before the day on which this section comes into force.

(4) The re-enactment (without substantive change) of a statutory requirement does not affect its continuity for the purposes of subsection (2)(a).

(5) For the purposes of subsection (2)(b) “corresponding requirement”, in relation to the statutory requirement in the relevant part of the United Kingdom, means a statutory requirement in another part of the United Kingdom that would have had the same effect in relation to the sale (if it had taken place there on the relevant day).

(6) For the purposes of subsections (2) and (5) a statutory requirement is to be regarded as the same as another statutory requirement, or having the same effect, if any differences between them are not substantive.