Competition Act 1998

1. Introductory Text

2. Part I Competition

   1. Chapter I Agreements

      1. Introduction

         1. 1. Enactments replaced.

      2. The prohibition

         1. 2. Agreements etc. preventing, restricting or distorting competition.

      3. Excluded agreements

         1. 3. Excluded agreements.

      4. Exemptions

         1. 4. Individual exemptions.

         2. 5. Cancellation etc. of individual exemptions.

         3. 6. Block exemptions.

         4. 7. Block exemptions: opposition.

         5. 8. Block exemptions: procedure.

         6. 9. Exempt agreements.

         7. 10. Assimilated exemptions.

         8. 10A. Power to vary etc assimilated block exemption regulations

         9. 11. Exemption for certain other agreements.

      5. Notification

         1. 12. Requests for OFT to examine agreements.

         2. 13. Notification for guidance.

         3. 14. Notification for a decision.

         4. 15. Effect of guidance.

         5. 16. Effect of a decision that the Chapter I prohibition has not been infringed.

   2. Chapter II Abuse of Dominant Position

      1. Introduction

         1. 17. Enactments replaced.

      2. The prohibition

         1. 18. Abuse of dominant position.

      3. Excluded cases

         1. 19. Excluded cases.

      4. Notification

         1. 20. Requests for OFT to consider conduct.

         2. 21. Notification for guidance.

         3. 22. Notification for a decision.

         4. 23. Effect of guidance.

         5. 24. Effect of a decision that the Chapter II prohibition has not been infringed.

   3. Chapter III Investigation and Enforcement

      1. Investigations

         1. 25. Power of CMA to investigate

         2. 25A. Power of CMA to publish notice of investigation

         3. 26. Investigations: powers to require documents and information

         4. 26A. Investigations: power to ask questions

         5. 27. Power to enter business premises without a warrant

         6. 28. Power to enter business premises under a warrant.

         7. 28A. Power to enter domestic premises under a warrant

         8. 29. Entry of premises under warrant: supplementary.

         9. 30. Privileged communications.

         10. 30A. Use of statements in prosecution

         11. 31. Decisions following an investigation.

         12. 31A. Commitments

         13. 31B. Effect of commitments under section 31A

         14. 31C. Review of commitments

         15. 31D. Guidance

         16. 31E. Enforcement of commitments

         17. 31F. Power for Secretary of State to impose time-limits on investigations etc.

      2. Enforcement

         1. 32. Directions in relation to agreements.

         2. 33. Directions in relation to conduct.

         3. 34. Enforcement of directions.

         4. 35. Interim measures.

      3. Civil sanctions: breaches of commitments, directions and interim measures

         1. 35A. Enforcement of powers under sections 31A, 32, 33 and 35: imposition of penalties

         2. 35B. Penalties under section 35A: amount

      4. Statement of policy in relation to functions under sections 31E, 34 and 35A

         1. 35C. Statement of policy in relation to functions under sections 31E, 34 and 35A

      5. Civil sanctions: infringements of the Chapter I or II prohibitions

         1. 36. Penalties.

         2. 37. Recovery of penalties.

         3. 38. The appropriate level of a penalty.

         4. 39. Limited immunity in relation to the Chapter I prohibition.

         5. 40. Limited immunity in relation to the Chapter II prohibition.

      6. Transferred EU anti-trust commitments and transferred EU anti-trust directions

         1. 40ZA. Interpretation

         2. 40ZB. Transferred EU anti-trust commitments

         3. 40ZC. Transferred EU anti-trust directions

         4. 40ZD. Information relating to transferred EU anti-trust commitments and transferred EU anti-trust directions

      7. Civil sanctions

         1. 40A. Penalties: amount

         2. 40B. Statement of policy on penalties

         3. 41. Agreements notified to the Commission.

      8. Offences

         1. 42. Offences.

         2. 43. Destroying or falsifying documents.

         3. 44. False or misleading information.

   4. Chapter IV Appeals before the Tribunal and proceedings and settlements relating to infringements of competition law

      1. ...

         1. 45. The Competition Commission.

      2. Appeals before the Tribunal

         1. 46. Appealable decisions.

         2. 47. Third party appeals

      3. Claims for loss or damage: proceedings before the Tribunal

         1. 47A. Proceedings before the Tribunal: claims for damages etc.

         2. 47B. Collective proceedings before the Tribunal

         3. 47C. Collective proceedings: damages and costs

         4. 47D. Proceedings under section 47A or collective proceedings: injunctions etc.

         5. 47E. Limitation or prescriptive periods for proceedings under section 47A and collective proceedings

      4. Further provision about claims in respect of loss or damage before a court or the Tribunal

         1. 47F. Further provision about claims in respect of loss or damage before a court or the Tribunal

      5. Further appeals from the Tribunal

         1. 48. Appeal tribunals.

         2. 49. Further appeals from the Tribunal

      6. Settlements relating to infringements of competition law

         1. 49A. Collective settlements: where a collective proceedings order has been made

         2. 49B. Collective settlements: where a collective proceedings order has not been made

         3. 49C. Approval of redress schemes by the CMA

         4. 49D. Redress schemes: recovery of costs

         5. 49E. Enforcement of approved schemes

   5. Chapter V Miscellaneous

      1. Vertical agreements and land agreements

         1. 50. Vertical agreements and land agreements.

      2. CMA's rules, guidance and fees

         1. 51. Rules.

         2. 52. Advice and information.

         3. 53. Fees.

      3. Regulators

         1. 54. Regulators.

      4. Confidentiality and immunity from defamation

         1. 55. General restrictions on disclosure of information.

         2. 56. Director and Secretary of State to have regard to certain matters in relation to the disclosure of information.

         3. 57. Defamation.

      5. Findings of fact by CMA

         1. 58. Findings of fact by CMA.

      6. Findings of infringements

         1. 58A. Infringement decisions

      7. Interpretation and governing principles

         1. 59. Interpretation of Part 1.

         2. 60. Principles to be applied in determining questions.

         3. 60A. Certain principles etc to be considered or applied from IP completion day

3. Part II Inspections under Articles 20, 21 and 22(2)

   1. 61. Interpretation of Part 2

   2. 62. Power to enter business premises under a warrant: Article 20 inspections

   3. 62A. Power to enter non-business premises under a warrant: Article 21 inspections

   4. 62B. Powers when conducting an Article 22(2) inspection

   5. 63. Power to enter business premises under a warrant: Article 22(2) inspections

   6. 64. Entry of premises under sections 62, 60, 62A and 63: supplementary.

   7. 65. Offences.

   8. 65A. Privileged communications: Article 22(2) inspections

   9. 65B. Use of statements in prosecution: Article 22(2) inspections

4. PART 2A Article 22(1) investigations

   1. 65C. Interpretation of Part 2A

   2. 65D. Power to conduct an Article 22(1) investigation

   3. 65E. Powers when conducting Article 22(1) investigations

   4. 65F. Power to enter business premises without a warrant

   5. 65G. Power to enter business premises under a warrant

   6. 65H. Power to enter domestic premises under a warrant

   7. 65I. Entry of premises under a warrant: supplementary

   8. 65J. Privileged communications

   9. 65K. Use of statements in prosecution

   10. 65L. Offences

   11. 65M. Destroying or falsifying documents

   12. 65N. False or misleading information

5. Part III Monopolies

   1. 66. Monopoly investigations: general.

   2. 67. Offences.

   3. 68. Services relating to use of land.

   4. 69. Reports: monopoly references.

6. Part IV Supplemental and Transitional

   1. 70. Contracts as to patented products etc.

   2. 71. Regulations, orders and rules.

   3. 72. Offences by bodies corporate etc.

   4. 73. Crown application.

   5. 74. Amendments, transitional provisions, savings and repeals.

   6. 75. Consequential and supplementary provision.

   7. 75A. Rules in relation to Part 2 and Part 2A

   8. 76. Short title, commencement and extent.

7. SCHEDULES

   1. SCHEDULE 1

      Exclusions: Mergers and Concentrations

      1. Part I Mergers

         1. Enterprises ceasing to be distinct: the Chapter I prohibition

            1. 1. (1) To the extent to which an agreement (either on...

         2. Enterprises ceasing to be distinct: the Chapter II prohibition

            1. 2. (1) To the extent to which conduct (either on its...

         3. Transfer of a newspaper or of newspaper assets

            1. 3. (1) The Chapter I prohibition does not apply to an...

         4. Withdrawal of the paragraph 1 exclusion

            1. 4. (1) The exclusion provided by paragraph 1 does not apply...

         5. Protected agreements

            1. 5. An agreement is a protected agreement for the purposes of...

      2. Part II Concentrations subject to EC controls

         1. 6. (1) To the extent to which an agreement (either on...

   2. SCHEDULE 2

      Exclusions: Other Competition Scrutiny

      1. Part I Financial Services

         1. ...

            1. 1. (1) The Financial Services Act 1986 is amended as follows....

      2. Part II Companies

         1. The Companies Act 1989 (c.40)

            1. 2. (1) The Companies Act 1989 is amended as follows.

         2. The Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5))

            1. 3. . . . . . . . . . ....

      3. Part III Broadcasting

         1. The Broadcasting Act 1990 (c.42)

            1. 4. (1) The Broadcasting Act 1990 is amended as follows.

         2. Networking arrangements under the Broadcasting Act 1990 (c.42)

            1. 5. (1) The Chapter I prohibition does not apply in respect...

      4. Part IV Environmental Protection

         1. Producer responsibility obligations

            1. 6. (1) The Environment Act 1995 is amended as follows.

   3. SCHEDULE 3

      General Exclusions

      1. Planning obligations

         1. 1. (1) The Chapter I prohibition does not apply to an...

      2. Section 21(2) agreements

         1. 2. (1) The Chapter I prohibition does not apply to an...

      3. ...

         1. 3. . . . . . . . . . ....

      4. Services of general economic interest etc.

         1. 4. Neither the Chapter I prohibition nor the Chapter II prohibition...

      5. Compliance with legal requirements

         1. 5. (1) The Chapter I prohibition does not apply to an...

      6. Avoidance of conflict with international obligations

         1. 6. (1) If the Secretary of State is satisfied that, in...

      7. Public policy

         1. 7. (1) If the Secretary of State is satisfied that there...

      8. Coal and steel

         1. 8. (1) The Chapter I prohibition does not apply to an...

      9. Agricultural products

         1. 9. (1) The Chapter I prohibition does not apply to an...

         2. 10. (1) The Chapter 1 prohibition does not apply to an...

   4. SCHEDULE 4

      Professional Rules

      1. Part I Exclusion

         1. General

            1. 1. Professional Rules

         2. Designated rules

            1. 2. Professional Rules

         3. Application for designation

            1. 3. Professional Rules

         4. Alterations

            1. 4. Professional Rules

         5. Reviewing the list

            1. 5. Professional Rules

         6. Removal from the list

            1. 6. Professional Rules

         7. Inspection

            1. 7. Professional Rules

      2. Part II Professional Services

         1. Legal

            1. 8. Professional Rules

         2. Medical

            1. 9. Professional Rules

         3. Dental

            1. 10. Professional Rules

         4. Ophthalmic

            1. 11. Professional Rules

         5. Veterinary

            1. 12. Professional Rules

         6. Nursing

            1. 13. Professional Rules

         7. Midwifery

            1. 14. Professional Rules

         8. Physiotherapy

            1. 15. Professional Rules

         9. Chiropody

            1. 16. Professional Rules

         10. Architectural

             1. 17. Professional Rules

         11. Accounting and auditing

             1. 18. Professional Rules

         12. Insolvency

             1. 19. Professional Rules

         13. Patent agency

             1. 20. Professional Rules

             2. 21. Professional Rules

         14. Parliamentary agency

             1. 22. Professional Rules

         15. Surveying

             1. 23. Professional Rules

         16. Engineering and technology et ceteralaetc.

             1. 24. Professional Rules

         17. Educational

             1. 25. Professional Rules

         18. Religious

             1. 26. Professional Rules

   5. SCHEDULE 5

      Notification under Chapter I: Procedure

      1. Terms used

         1. 1. In this Schedule— “ applicant ” means the person making...

      2. General rules about applications

         1. 2. (1) An application must be made in accordance with rules....

      3. Preliminary investigation

         1. 3. (1) If, after a preliminary investigation of an application, the...

      4. Procedure on application for guidance

         1. 4. When determining an application for guidance, the OFT must follow...

      5. Procedure on application for a decision

         1. 5. (1) When determining an application for a decision, the OFT...

      6. Publication of decisions

         1. 6. If the OFT determines an application for a decision it...

      7. Delay by the OFT

         1. 7. (1) This paragraph applies if the court is satisfied, on...

   6. SCHEDULE 6

      Notification under Chapter II: Procedure

      1. Terms used

         1. 1. In this Schedule— “ applicant ” means the person making...

      2. General rules about applications

         1. 2. (1) An application must be made in accordance with rules....

      3. Preliminary investigation

         1. 3. (1) If, after a preliminary investigation of an application, the...

      4. Procedure on application for guidance

         1. 4. When determining an application for guidance, the OFT must follow...

      5. Procedure on application for a decision

         1. 5. (1) When determining an application for a decision, the OFT...

      6. Publication of decisions

         1. 6. If the OFT determines an application for a decision it...

      7. Delay by the OFT

         1. 7. (1) This paragraph applies if the court is satisfied, on...

   7. SCHEDULE 6A

      COMMITMENTS

      1. PART 1 PROCEDURAL REQUIREMENTS FOR THE ACCEPTANCE AND VARIATION OF COMMITMENTS

         1. 1. Paragraph 2 applies where the CMA proposes to—

         2. 2. (1) Before accepting the commitments or variation, the CMA must—...

         3. 3. (1) The CMA must not accept the commitments or variation...

         4. 4. If, after giving notice under paragraph 2 or 3 the...

         5. 5. The requirements of paragraph 3 shall not apply if the...

         6. 6. The requirements of paragraph 3 shall not apply if the...

         7. 7. As soon as practicable after accepting commitments or a variation...

         8. 8. A notice under paragraph 2 or 3 shall be given...

      2. PART 2 PROCEDURAL REQUIREMENTS FOR THE RELEASE OF COMMITMENTS

         1. 10. Paragraph 11 applies where the CMA proposes to release any...

         2. 11. (1) Before releasing the commitments, the CMA must—

         3. 12. If after giving notice under paragraph 11 the CMA decides...

         4. 13. As soon as practicable after releasing the commitments, the CMA...

         5. 14. A notice under paragraph 11 or 12 shall be given...

   8. SCHEDULE 7

      The Competition Commission

      1. Part I General

         1. Interpretation

            1. 1. In this Schedule— “the 1973 Act” means the Fair Trading...

         2. Membership of the Commission

            1. 2. (1) The Commission is to consist of—

         3. Chairman and deputy chairmen

            1. 3. (1) The Commission is to have a chairman appointed by...

         4. President

            1. 4. The Competition Commission

         5. The Council

            1. 5. (1) The Commission is to have a management board to...

         6. Term of office

            1. 6. (1) Subject to the provisions of this Schedule, each member...

         7. Expenses, remuneration and pensions

            1. 7. (1) The Secretary of State shall pay to the Commission...

         8. The Commission’s powers

            1. 7A. The Commission may publish advice and information in relation to...

            2. 8. Subject to the provisions of this Schedule, the Commission has...

         9. Staff

            1. 9. (1) The Commission is to have a secretary, appointed by...

         10. Procedure

             1. 10. Subject to any provision made by or under this Act,...

         11. Application of seal and proof of instruments

             1. 11. (1) The application of the seal of the Commission must...

         12. Accounts

             1. 12. (1) The Commission must— (a) keep proper accounts and proper...

         13. Annual reports

             1. 12A. (1) The Commission shall make to the Secretary of State...

         14. Status

             1. 13. (1) The Commission is not to be regarded as the...

      2. Part II Performance of the Commission’s General Functions

         1. Interpretation

            1. 14. In this Part of this Schedule “group” means a group...

         2. Discharge of certain functions by groups

            1. 15. (1) Except where sub-paragraph (7) or (8) gives the Chairman...

         3. Chairmen of groups

            1. 16. The Chairman must appoint one of the members of a...

         4. Replacement of member of group

            1. 17. (1) If, during the proceedings of a group—

         5. Attendance of other members

            1. 18. (1) At the invitation of the chairman of a group,...

         6. Procedure

            1. 19. (1) Subject to any special or general directions given by...

            2. 19A. (1) The Chairman must make rules of procedure in relation...

         7. Effect of exercise of functions by group

            1. 20. (1) Subject to sub-paragraph (2) sub-paragraphs (2) to (9), anything...

         8. Casting votes

            1. 21. The chairman of a group is to have a casting...

         9. Newspaper merger references

            1. 22. There are to be members of the Commission appointed by...

      3. Part III Appeals

         1. Interpretation

            1. 23. The Competition Commission

         2. Training of appeal panel members

            1. 24. The Competition Commission

         3. Acting President

            1. 25. The Competition Commission

         4. Panel of tribunal chairmen

            1. 26. The Competition Commission

         5. Constitution of tribunals

            1. 27. The Competition Commission

      4. Part IV Miscellaneous

         1. Disqualification of members for House of Commons

            1. 28. In Part II of Schedule 1 to the House of...

         2. Disqualification of members for Northern Ireland Assembly

            1. 29. In Part II of Schedule 1 to the Northern Ireland...

      5. Part V Transitional provisions

         1. Interpretation

            1. 30. In this Part of this Schedule— “commencement date” means the...

         2. Chairman

            1. 31. (1) The person who is Chairman of the MMC immediately...

         3. Deputy chairmen

            1. 32. The persons who are deputy chairmen of the MMC immediately...

         4. Reporting panel members

            1. 33. (1) The persons who are members of the MMC immediately...

         5. Specialist panel members

            1. 34. (1) The persons who are members of the MMC immediately...

         6. Secretary

            1. 35. The person who is the secretary of the MMC immediately...

         7. Council

            1. 36. (1) The members who become deputy chairmen of the Commission...

   9. SCHEDULE 7A

      the competition commission: procedural rules for mergers and market references etc.

      1. 1. In this Schedule— “ market investigation ” means an investigation...

      2. 2. Rules may make provision— (a) for particular stages of a...

      3. 3. Rules made by virtue of paragraph 2(a) and (b) may,...

      4. 4. Rules made by virtue of paragraph 2(c) may, in particular,...

      5. 5. Rules may make provision as to the quorum of relevant...

      6. 6. Rules may make provision— (a) as to the extent (if...

      7. 7. Rules may make provision for— (a) the notification or publication...

   10. SCHEDULE 8

       Appeals

       1. Part I General

          1. Interpretation

             1. 1. Appeals

          2. General procedure

             1. 2. (1) An appeal to the Tribunal under section 46, 47...

          3. Decisions of the tribunal

             1. 3. (A1) This paragraph applies to any appeal under section 46...

             2. 3A. (1) This paragraph applies to— (a) any appeal under section...

             3. 3B. (1) This paragraph applies to an appeal under section 49D(3)....

             4. 4. Appeals

       2. Part II Rules

          1. Registrar of Appeal Tribunals

             1. 5. Appeals

          2. Notice of appeal

             1. 6. Appeals

          3. Response to the appeal

             1. 7. Appeals

          4. Pre-hearing reviews and preliminary matters

             1. 8. Appeals

          5. Conduct of the hearing

             1. 9. Appeals

          6. Interest

             1. 10. Appeals

          7. Fees

             1. 11. Appeals

          8. Withdrawing an appeal

             1. 12. Appeals

          9. Interim orders

             1. 13. Appeals

          10. Miscellaneous

              1. 14. Appeals

   11. SCHEDULE 8A

       Further Provision about Claims in Respect of Loss or Damage Before a Court or the Tribunal

       1. Part 1 Interpretation

          1. 1. This Part of this Schedule contains definitions and other provisions...

          2. 2. Competition law etc

          3. 3. Competition authority etc

          4. 4. Cartels

          5. 5. Settlement submission to a competition authority

          6. 6. Consensual dispute resolution process

          7. 7. Other definitions

       2. Part 2 Passing On

          1. 8. Overcharges and underpayments

          2. 9. Burden of proof where an overcharge is passed on to an indirect purchaser

          3. 10. Burden of proof where an underpayment is passed on to an indirect provider

          4. 11. Burden of proof where an overcharge or underpayment is passed on by the claimant

       3. Part 3 Small and Medium-Sized Enterprises

          1. 12. Liability of small and medium-sized enterprises

       4. Part 4 Cartels

          1. 13. Presumption that cartels cause harm

          2. 14. Immunity recipients

          3. 15. Liability of immunity recipients

          4. 16. Contribution between participants in cartels

       5. Part 5 Limitation and Prescriptive Periods

          1. 17. Time limits for bringing competition proceedings

          2. 18. Length of limitation or prescriptive period

          3. 19. Beginning of limitation or prescriptive period

          4. 20. Effect of disability on beginning of limitation period: England and Wales and Northern Ireland

          5. 21. Suspension during investigation by competition authority

          6. 22. Suspension during consensual dispute resolution process

          7. 23. Suspension during collective proceedings

          8. 24. Suspension of prescriptive period during period of disability: Scotland

          9. 25. Continuity of limitation or prescriptive period

          10. 26. New claims in pending actions: England and Wales and Northern Ireland

       6. Part 6 Disclosure etc

          1. 27. Disclosure orders

          2. 28. Restriction in relation to settlement submissions and cartel leniency statements

          3. 29. Restriction in relation to investigation materials

          4. 30. Restriction in relation to material in a competition authority’s file

          5. 31. Power of High Court in Northern Ireland to order disclosure etc by non-parties

       7. Part 7 Use of Evidence

          1. 32. Cartel leniency statements and settlement submissions

          2. 33. Investigation materials

          3. 34. Material obtained from a competition authority’s file

          4. 35. Decisions of member State competition authorities

       8. Part 8 Exemplary Damages

          1. 36. Exemplary damages

       9. Part 9

          1. Contribution and Consensual Settlements

             1. 37. Consensual settlement

             2. 38. Assessment of contribution

             3. 39. Effect of consensual settlement on the amount of a claim

             4. 40. Effect of consensual settlement for the settling infringer

             5. 41. Effect of consensual settlement on contribution between defendants

       10. Part 10 Application

           1. 42. (1) Parts 2 to 5, 8 and 9 of this...

           2. 43. The following provisions of this Schedule apply only in relation...

           3. 44. In this Part of this Schedule “the relevant day” means...

   12. SCHEDULE 9

       CMA's Rules

       1. General

          1. 1. In this Schedule “rules” means rules made by the CMA...

       2. Delegation of functions

          1. 1A. (1) Rules may provide for the exercise of a function...

       3. Applications

          1. 2. Rules may make provision— (a) as to the form and...

       4. Provisional decisions

          1. 3. Rules may make provision as to the procedure to be...

       5. Guidance

          1. 4. Rules may make provision as to— (a) the form and...

       6. Decisions

          1. 5. (1) Rules may make provision as to—

       7. Individual exemptions

          1. 6. Rules may make provision as to— (a) the procedure to...

          2. 7. Rules may make provision as to— (a) the form and...

       8. Block exemptions

          1. 8. Rules may make provision as to— (a) the procedure to...

       9. Assimilated exemptions

          1. 9. Rules may make provision as to— (a) the circumstances in...

       10. ...

           1. 10. . . . . . . . . . ....

       11. Directions withdrawing exclusions

           1. 11. Rules may make provision as to the factors which the...

       12. Disclosure of information

           1. 12. (1) Rules may make provision as to the circumstances in...

       13. Applications under section 47

           1. 13. Rules may make provision as to— (a) the period within...

       14. Oral hearings: procedure

           1. 13A. (1) Rules may make provision as to the procedure to...

       15. Procedural complaints

           1. 13B. (1) Rules may make provision as to arrangements to be...

       16. Settling cases

           1. 13C. Rules may make provision as to the procedure to be...

       17. Enforcement

           1. 14. Rules may make provision as to the procedure to be...

   13. SCHEDULE 10

       Regulators

       1. Part I Monopolies

          1. 1. The amendments of the Fair Trading Act 1973 made by...

       2. Part II The Prohibitions

          1. Telecommunications

             1. 2. (1) In consequence of the repeal by this Act of...

          2. Gas

             1. 3. (1) In consequence of the repeal by this Act of...

          3. Electricity

             1. 4. (1) In consequence of the repeal by this Act of...

          4. Water

             1. 5. (1) In consequence of the repeal by this Act of...

          5. Railways

             1. 6. (1) In consequence of the repeal by this Act of...

       3. Part III The Prohibitions: Northern Ireland

          1. Electricity

             1. 7. (1) In consequence of the repeal by this Act of...

          2. Gas

             1. 8. (1) In consequence of the repeal by this Act of...

       4. Part IV Utilities: Minor and Consequential Amendments

          1. The Telecommunications Act 1984 (c.12)

             1. 9. (1) The Telecommunications Act 1984 is amended as follows.

          2. The Gas Act 1986 (c.44)

             1. 10. (1) The Gas Act 1986 is amended as follows.

          3. The Water Act 1989 (c.15)

             1. 11. In section 174(3) of the Water Act 1989 (general restrictions...

          4. The Electricity Act 1989 (c.29)

             1. 12. (1) The Electricity Act 1989 is amended as follows.

          5. The Water Industry Act 1991 (c.56)

             1. 13. (1) The Water Industry Act 1991 is amended as follows....

          6. The Water Resources Act 1991 (c.57)

             1. 14. In Schedule 24 to the Water Resources Act 1991 (disclosure...

          7. The Railways Act 1993 (c.43)

             1. 15. (1) The Railways Act 1993 is amended as follows.

          8. The Channel Tunnel Rail Link Act 1996 (c.61)

             1. 16. (1) The Channel Tunnel Rail Link Act 1996 is amended...

       5. Part V Minor and Consequential Amendments: Northern Ireland

          1. The Electricity (Northern Ireland) Order 1992

             1. 17. (1) The Electricity (Northern Ireland) Order 1992 is amended as...

          2. The Gas (Northern Ireland) Order 1996

             1. 18. (1) The Gas (Northern Ireland) Order 1996 is amended as...

   14. SCHEDULE 11

       Interpretation of Section 55

       1. Relevant functions

          1. 1. Interpretation of Section 55

       2. Designated persons

          1. 2. Interpretation of Section 55

   15. SCHEDULE 12

       Minor and Consequential Amendments

       1. The Fair Trading Act 1973 (c.41)

          1. 1. (1) The Fair Trading Act 1973 is amended as follows....

       2. The Energy Act 1976 (c.76)

          1. 2. In the Energy Act 1976, omit section 5 (temporary relief...

       3. The Estate Agents Act 1979 (c.38)

          1. 3. In section 10(3) of the Estate Agents Act 1979 (restriction...

       4. The Competition Act 1980 (c.21)

          1. 4. (1) The Competition Act 1980 is amended as follows.

       5. Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

          1. 5. In Schedule 6 to the Magistrates’ Courts (Northern Ireland) Order...

       6. Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

          1. 6. In Schedule 8 to the Agricultural Marketing (Northern Ireland) Order...

       7. The Airports Act 1986 (c.31)

          1. 7. (1) The Airports Act 1986 is amended as follows.

       8. ...

          1. 8. In Schedule 11 to the Financial Services Act 1986, in...

       9. The Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986 (S.I. 1986/1035 (N.I. 9))

          1. 9. In Part II of Schedule 1 to the Companies Consolidation...

       10. The Consumer Protection Act 1987 (c.43)

           1. 10. In section 38(3) of the Consumer Protection Act 1987 (restrictions...

       11. The Channel Tunnel Act 1987 (c.53)

           1. 11. In section 33 of the Channel Tunnel Act 1987—

       12. The Road Traffic (Consequential Provisions) Act 1988 (c.54)

           1. 12. In Schedule 3 to the Road Traffic (Consequential Provisions) Act...

       13. The Companies Act 1989 (c.40)

           1. 13. In Schedule 20 to the Companies Act 1989 (amendments about...

       14. The Broadcasting Act 1990 (c.42)

           1. 14. . . . . . . . . . ....

       15. The Tribunals and Inquiries Act 1992 (c.53)

           1. 15. In Schedule 1 to the Tribunals and Inquiries Act 1992...

       16. The Osteopaths Act 1993 (c.21)

           1. 16. Section 33 of the Osteopaths Act 1993 (competition and anti-competitive...

       17. The Chiropractors Act 1994 (c.17)

           1. 17. Section 33 of the Chiropractors Act 1994 (competition and anti-competitive...

       18. The Coal Industry Act 1994 (c.21)

           1. 18. In section 59(4) of the Coal Industry Act 1994 (information...

       19. The Deregulation and Contracting Out Act 1994 (c.40)

           1. 19. (1) The Deregulation and Contracting Out Act 1994 is amended...

       20. The Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

           1. 20. (1) The Airports (Northern Ireland) Order 1994 is amended as...

       21. The Broadcasting Act 1996 (c.55)

           1. 21. In section 77 of the Broadcasting Act 1996 (which modifies...

   16. SCHEDULE 13

       Transitional Provisions and Savings

       1. Part I General

          1. Interpretation

             1. 1. (1) In this Schedule— “RPA” means the Resale Prices Act...

          2. General power to make transitional provision and savings

             1. 2. (1) Nothing in this Schedule affects the power of the...

          3. Advice and information

             1. 3. (1) The Director may publish advice and information explaining provisions...

       2. Part II During the Interim Period

          1. Block exemptions

             1. 4. (1) The Secretary of State may, at any time during...

          2. Certain agreements to be non-notifiable agreements

             1. 5. An agreement which— (a) is made during the interim period,...

          3. Application of RTPA during the interim period

             1. 6. In relation to agreements made during the interim period—

          4. Guidance

             1. 7. (1) Sub-paragraphs (2) to (4) apply in relation to agreements...

       3. Part III On the Starting Date

          1. Applications which fall

             1. 8. (1) Proceedings in respect of an application which is made...

          2. Orders and approvals which fall

             1. 9. (1) An order in force immediately before the starting date...

       4. Part IV On and After the Starting Date

          1. Chapter I General

             1. Duty of Director to maintain register etc.

                1. 10. (1) This paragraph applies even though the relevant provisions of...

             2. RTPA section 3 applications

                1. 11. (1) Even though section 3 of the RTPA is repealed...

             3. RTPA section 26 applications

                1. 12. (1) Even though section 26 of the RTPA is repealed...

             4. Right to bring civil proceedings

                1. 13. (1) Even though section 35 of the RTPA is repealed...

          2. Chapter II Continuing Proceedings

             1. The general rule

                1. 14. (1) The Chapter I prohibition does not apply to an...

             2. Meaning of “continuing proceedings”

                1. 15. (1) For the purposes of this Schedule “continuing proceedings” means...

             3. RTPA section 4 proceedings

                1. 16. Proceedings on an application for an order under section 4...

             4. RPA section 16 or 17 proceedings

                1. 17. Proceedings on an application for an order under section 16...

             5. Continuing proceedings which are discontinued

                1. 18. (1) On an application made jointly to the Court by...

          3. Chapter III The Transitional Period

             1. The general rule

                1. 19. (1) Except where this Chapter or Chapter IV provides otherwise,...

             2. Cases for which there is no transitional period

                1. 20. (1) There is no transitional period for an agreement to...

             3. Continuing proceedings under the RTPA

                1. 21. In the case of an agreement which is the subject...

             4. Continuing proceedings under the RPA

                1. 22. (1) In the case of an agreement relating to goods...

             5. Provisions not contrary to public interest

                1. 23. (1) To the extent to which an agreement contains provisions...

             6. Goods

                1. 24. (1) In the case of an agreement relating to goods...

             7. Transitional period for certain agreements

                1. 25. (1) This paragraph applies to agreements— (a) which are subject...

             8. Special cases

                1. 26. (1) In the case of an agreement in respect of...

          4. Chapter IV The Utilities

             1. General

                1. 27. In this Chapter “the relevant period” means the period beginning...

             2. Electricity

                1. 28. (1) For an agreement to which, immediately before the starting...

             3. Electricity: power to make transitional orders

                1. 29. (1) There is a transitional period for an agreement (whether...

             4. Gas

                1. 30. (1) For an agreement to which, immediately before the starting...

             5. Gas: power to make transitional orders

                1. 31. (1) There is a transitional period for an agreement of...

             6. Gas: Northern Ireland

                1. 32. (1) For an agreement to which, immediately before the starting...

             7. Gas: Northern Ireland – power to make transitional orders

                1. 33. (1) There is a transitional period for an agreement of...

             8. Railways

                1. 34. (1) In this paragraph— “section 131” means section 131 of...

             9. The regulators

                1. 35. (1) Subject to sub-paragraph (3), each of the regulators may...

          5. Chapter V Extending the transitional period

             1. 36. (1) A party to an agreement for which there is...

          6. Chapter VI Terminating the Transitional Period

             1. General

                1. 37. (1) Subject to sub-paragraph (2), the Director may by a...

             2. Circumstances in which the Director may terminate the transitional period

                1. 38. (1) If the Director is considering whether to give a...

             3. Procedural requirements on giving a paragraph 37 direction

                1. 39. (1) The Director must specify in a direction under paragraph...

       5. Part V The Fair Trading Act 1973

          1. References to the Monopolies and Mergers Commission

             1. 40. (1) If, on the date on which the repeal by...

          2. Orders under Schedule 8

             1. 41. (1) In this paragraph— “the 1973 Act” means the Fair...

          3. Part III of the Act

             1. 42. (1) The repeals made by section 1 do not affect...

       6. Part VI The Competition Act 1980

          1. Undertakings

             1. 43. (1) Subject to sub-paragraph (2), an undertaking accepted by the...

          2. Application of sections 25 and 26

             1. 44. The repeals made by section 1 do not affect—

       7. Part VII Miscellaneous

          1. Disclosure of information

             1. 45. (1) Section 55 of this Act applies in relation to...

          2. The Court

             1. 46. If it appears to the Lord Chancellor that a person...

   17. SCHEDULE 14

       Repeals and Revocations

       1. Part I Repeals

       2. Part II Revocations