Deregulation and Contracting Out Act 1994

10 Restrictive trade practices: non-notifiable agreements.

(1) In the [1976 c. 34.] Restrictive Trade Practices Act 1976, after section 27 there shall be inserted—

“Non-notifiable agreements

27A Non-notifiable agreements

(1) For the purposes of this Act, a non-notifiable agreement is one which—

(a) is subject to registration under this Act,

(b) is, and has always been, of a description specified for the purposes of this section by order made by the Secretary of State,

(c) is not, and has never been, a price-fixing agreement, and

(d) is not an agreement in respect of which the Director has entered or filed particulars under section 1(2)(b) above.

(2) Without prejudice to the generality of paragraph (b) of subsection (1) above, an order under that paragraph may frame a description by reference—

(a) to the size of the businesses of the parties to an agreement, whether expressed by reference to turnover, as defined in the order, or to market share, as so defined, or in any other manner, or

(b) to exemption under, or any steps taken or decision given under or for the purpose of, any directly applicable Community provision (including any such provision as it has effect from time to time).

(3) In subsection (1)(c) above, the reference to a price-fixing agreement is to an agreement to which this Act applies by virtue of—

(a) a restriction in respect of any of the matters set out in section 6(1)(a) or (b) or 11(2)(a) above, or

(b) an information provision in respect of any of the matters set out in section 7(1)(a) or (b) or 12(2)(a) above.

(4) An order under subsection (1)(b) above shall be made by statutory instrument and may contain such transitional provisions as the Secretary of State considers appropriate.”

(2) In section 42(1) of that Act (statutory instruments subject to negative resolution procedure) in paragraph (a) (orders) after “18(5)” there shall be inserted “, 27A(1)(b)”.

(3) In section 43(1) of that Act (interpretation) there shall be inserted at the appropriate place—

““non-notifiable agreement” has the meaning given by section 27A(1) above;”.

(4) Schedule 3 to this Act (which modifies the 1976 Act in relation to non-notifiable agreements) shall have effect.