UK Internal Market Act 2020: Exclusions from Market Access Principles and Glue Traps Regulations 2025

UK Internal Market Act Amended to Ban Glue Traps in New Regulations

London, December 2nd, 2025 – In a move hailed by animal welfare groups, new regulations have been laid before Parliament, amending the United Kingdom Internal Market Act 2020 to explicitly exclude glue traps from market access principles.the “United Kingdom Internal Market Act 2020 (Exclusions from Market Access Principles: Glue Traps) Regulations 2025” effectively allows for legislation prohibiting the sale of these controversial pest control devices across England, Wales, Scotland, and Northern Ireland.

The regulations, enacted under Section 10(2) of the 2020 Act, demonstrate the UK government’s commitment to animal welfare while navigating the complexities of the internal market established post-Brexit. Crucially, the Secretary of State confirmed having “had regard to the importance of facilitating the access to the market within Great Britain of qualifying Northern Ireland goods” and secured consent from devolved administrations in Scotland, Wales, and Northern Ireland before proceeding.

Understanding the UK Internal Market Act

The 2020 Act, designed to ensure seamless trade within the UK following its departure from the European union, established two key Market access Principles (MAPs). These principles aim to prevent barriers to trade between the four nations of the UK. However, the Act also allows for exclusions to these principles, as demonstrated by these new regulations. Previous analysis of the Act highlighted concerns regarding its potential impact on devolved policymaking, and this amendment showcases a practical request of its flexibility.

What the Regulations Mean

Specifically, Regulation 2 inserts a new paragraph (14) into Schedule 1 of the 2020 Act. This amendment clarifies that the UK market access principles will not apply to, and will not hinder the operation of, any legislation that prohibits the sale of glue traps. The regulations define a “glue trap” as “any trap that is designed, or is capable of being used, to catch an animal other than an invertebrate and uses an adhesive substance as the means, or one of the means, of capture.”

Coming into Force

The regulations will come into force 21 days after being made, providing a short transition period for businesses. This move is expected to pave the way for a nationwide ban on the sale of glue traps, addressing widespread concerns about their cruelty and indiscriminate nature, often resulting in the suffering of non-target animals like birds, hedgehogs, and even domestic pets.

What are the key areas where the UK Internal market Act 2020 permits divergence from its core market access principles?

The UK Internal Market Act 2020 (IMA) aimed to regulate trade within the United Kingdom following Brexit. However, the Act allows for exclusions from its core market access principles, and the potential for what are commonly referred to as “glue traps” – regulations that unintentionally hinder trade – remains a significant concern in 2025. This article delves into these exclusions, the emerging glue trap regulations, and their implications for businesses operating across the four nations of the UK: England, Scotland, wales, and Northern Ireland. We’ll cover key areas like mutual recognition, non-regression, and facts sharing, alongside practical considerations for compliance.

Understanding the Market Access Principles

The IMA established four key principles to govern the UK internal market:

* Mutual Recognition: Goods and services lawfully sold in one part of the UK should be freely available across the entire UK,regardless of differing regulations.

* Non-Regression: Devolved administrations cannot introduce new regulations that create new barriers to trade within the UK. Existing standards can be maintained or improved, but not lowered to restrict internal market access.

* Information Sharing: A duty on public authorities to share information relevant to the functioning of the internal market.

* Automatic Recognition of Professional Qualifications: Facilitating the movement of professionals across the UK.

These principles were designed to prevent the creation of new internal trade barriers and ensure a smooth flow of goods, services, and people. however, the Act also provides mechanisms for deviation.

Permitted Exclusions: Where the Principles Bend

The IMA isn’t absolute.Several areas are explicitly excluded from the full submission of the market access principles. These exclusions are crucial to understand,as they represent potential points of divergence and increased regulatory complexity.

* Environmental Standards: Regulations relating to environmental protection are largely exempt, allowing devolved administrations to maintain or strengthen their own environmental policies even if they impact trade.

* Food Safety & Animal Welfare: Significant divergence in food standards and animal welfare regulations is permitted,reflecting differing priorities across the UK. This is a notably sensitive area, with ongoing debates about post-Brexit trade deals and food import standards.

* Public Health: Regulations concerning public health,including healthcare services and disease control,are excluded. The COVID-19 pandemic highlighted the importance of devolved administrations having the autonomy to respond to public health crises.

* Cultural Policy: Areas relating to cultural heritage, arts funding, and broadcasting are exempt, acknowledging the distinct cultural identities of each nation.

* Certain Tax Measures: Specific tax policies can be implemented without necessarily adhering to the market access principles.

These exclusions,while justifiable in principle,create a patchwork of regulations that businesses must navigate. The potential for increased compliance costs and administrative burdens is significant.

The Rise of “Glue Traps” in 2025

The term “glue trap” refers to regulations – often seemingly minor – that unintentionally create barriers to trade. While the IMA aimed to prevent intentional barriers, the risk of unintentional ones remains high, particularly as devolved administrations exercise their powers under the permitted exclusions. Several areas are proving particularly problematic in 2025:

* Differing Packaging Requirements: Variations in packaging regulations across the four nations are creating logistical challenges for businesses,especially those involved in food and beverage distribution. Scotland’s deposit return scheme, for exmaple, has faced criticism for its potential to disrupt UK-wide supply chains.

* Local Content Requirements: While outright protectionist measures are prohibited, subtle forms of local content requirements – such as preferential procurement policies – can disadvantage businesses based outside a particular region.

* Administrative Burdens: Increased reporting requirements or differing application processes for licenses and permits can add significant costs and delays for businesses operating across borders.

* Digital Services Regulations: Divergence in regulations governing digital services, such as data protection and online advertising, is creating uncertainty for businesses operating in the digital economy.

* Agricultural Subsidies: Post-Brexit agricultural policy divergence is leading to differing subsidy schemes, potentially distorting competition within the UK agricultural market.

Case study: Scottish Deposit Return scheme (DRS)

The Scottish Deposit Return Scheme (DRS), launched in February 2024 (with initial delays), provides a clear example of a regulation with unintended consequences for the UK internal market. While intended to boost recycling rates, the scheme’s initial implementation faced significant challenges due to:

* Exclusion of Glass: The initial scheme excluded glass bottles, creating a logistical anomaly for producers selling in both Scotland and England.

* Administrative Complexity: The scheme’s administrative requirements placed a significant burden on producers and retailers.

* Internal Market Concerns: concerns were raised that the scheme would create a barrier to trade, as producers would need to comply with different deposit schemes in different parts of the UK.

The scheme was paused and revised, highlighting the need for careful consideration of internal market impacts when designing devolved regulations.

Navigating the Regulatory Landscape: Practical Tips for Businesses

Businesses operating across the UK need to proactively manage the risks associated with the IMA’s exclusions and potential glue traps. Here are some practical steps:

1. Regulatory Monitoring: Establish a system for monitoring regulatory changes in each of the four nations. Subscribe to relevant newsletters,