- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2003)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 20/06/2003
Point in time view as at 01/04/2003.
Fair Trading Act 1973 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 1.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Section 3.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 2 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 10(1)(a), 279, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 repealed (1.4.1999) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 1(2), Sch. 14 Pt. I (with s. 73); S.I. 1999/505, art. 2, Sch. 2
Sections 14 and 109.
1U.K.Legal services (that is to say, the services of barristers, advocates or solicitors in their capacity as such).
Modifications etc. (not altering text)
C3Sch. 4 para. 1 modified (1.1.1992) by S.I. 1991/2684, art. 4, Sch. 1
2U.K.Medical services (that is to say, the provision of medical or surgical advice or attendance and the performance of surgical operations).
3U.K.Dental services (that is to say, any services falling within the practice of dentistry within the meaning of the Dentists Act [F111984]).
Textual Amendments
F11Figures substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 6
4U.K.Ophthalmic services (that is to say, the testing of sight).
5U.K.Veterinary services (that is to say, any services which constitute veterinary surgery within the meaning of the M2Veterinary Surgeons Act 1966).
Marginal Citations
[F126U.K.The services of registered nurses or midwives in their capacity as such.]
Textual Amendments
F12Sch. 4 para. 6 substituted (1.4.2002) by S.I. 2002/253, arts. 1(2)(3), 54(3), Sch. 5 para. 3(a) (with art. 3(18))
7U.K.The services of [F13midwives,] physiotherapists or chiropodists in their capacity as such.
Textual Amendments
F13Words in Sch. 4 para. 7 omitted (1.4.2002) by virtue of S.I. 2002/253, art. 1(2)(3), 54(3), Sch. 5 para. 3(b)
8U.K.The services of architects in their capacity as such.
9U.K.Accounting and auditing services (that is to say, the making or preparation of accounts or accounting records and the examination, verification and auditing of financial statements).
[F1410U.K.The services of registered patent agents (within the meaning of Part V of the Copyright, Designs and Patents Act 1988) in their capacity as such.]
Textual Amendments
[F1510AU.K.The services of persons carrying on for gain in the United Kingdom the business of acting as agents or other representatives of other persons for the purpose of applying for or obtaining European patents or for the purpose of conducting proceedings [F16in relation to applications for or otherwise]in connection with such patents before the European Patent Office or the comptroller and whose names appear on the European list (within the meaning of [F17Part V of the Copyright, Designs and Patents Act 1988]) in their capacity as such persons.]
Textual Amendments
F15Para. 10A inserted by Patents Act 1977 (c. 37), Sch. 5 para. 7(2)
F16Words inserted by Administration of Justice Act 1985 (c. 61, SIF 76:1), s. 60(2)(a)(6)
F17Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 15
11U.K.The services of parliamentary agents entered in the register in either House of Parliament as agents entitled to practise both in promoting and in opposing Bills, in their capacity as such parliamentary agents.
12U.K.The services of surveyors (that is to say, of surveyors of land, of quantity surveyors, of surveyors of buildings or other structures and of surveyors of ships) in their capacity as such surveyors.
13U.K.The services of professional engineers or technologists (that is to say, of persons practising or employed as consultants in the field of—
(a)civil engineering;
(b)mechanical, aeronautical, marine, electrical or electronic engineering;
(c)mining, quarrying, soil analysis or other forms of minerology or geology;
(d)agronomy, forestry, livestock rearing or ecology;
(e)metallurgy, chemistry, biochemistry or physics; or
(f)any other form of engineering or technology analgous to those mentioned in the preceding sub-paragraphs),
in their capacity as such engineers or technologists.
14U.K.Services consisting of the provision—
(a)of primary, secondary or further education within the meaning of the [F18Education Act 1996], the Education (Scotland) Acts 1939 to 1971 or the Education and Libraries (Northern Ireland) Order 1972, or
(b)of university or other higher education not falling within the preceding sub-paragraph.
Textual Amendments
F18Words in Sch. 4 para. 14 substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 para. 26 (with ss. 1(4), 561, 562, Sch. 39)
15U.K.The services of ministers of religion in their capacity as such ministers.
Sections 16, 50 and 51.
[F191U.K.Gas supplied through pipes to tariff customers (within the meaning of Part I of the Gas Act 1986).]
Textual Amendments
F19Sch. 5 Pt. I para. 1 substituted for paras. 1 and 2 by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 15(4)
F203U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Sch. 5 Pt. I para. 3 repealed (E.W.S.) (31.3.1990) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(4), Sch. 16 para. 16(5), Sch. 18 and (N.I) (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1)(4), Sch. 12 para. 11, Sch.14; S.R. 1992/117, para.3(1)
[F214U.K.The carriage of passengers by road in Northern Ireland.]
Textual Amendments
F21Sch. 5 Pt. I para. 4 substituted by Transport Act 1985 (c. 67, SIF 126), s. 114(2)(a)
[F225U.K.Services for the carriage of passengers, or of goods, by railway, network services and station services, within the meaning of Part I of the Railways Act 1993, but excluding the carriage of passengers or goods on shuttle services (within the meaning of the M3Channel Tunnel Act 1987).]
Textual Amendments
F22Sch. 5 para. 5 substituted (1.4.1994) by 1993 c. 43, s. 66(5); S.I. 1994/571, art. 5
Marginal Citations
6U.K.The services of conveying, receiving, collecting despatching and delivering letters.
7U.K.The running of any system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of any of the matters specified [F23in paragraphs (a) to (d) of section 4(1) of the Telecommunications Act 1984]
Textual Amendments
F23Words substituted by virtue of Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 57(4), Sch. 5 para. 45
Modifications etc. (not altering text)
C4Sch. 5 Pt. I para. 7 explained by Broadcasting Act 1990 (c. 42, SIF 96), s. 192(2)
Textual Amendments
Section 19.
1U.K.Prohibition of the specified consumer trade practice either generally or in relation to specified consumer transactions.
2U.K.Prohibition of specified consumer transactions unless carried out at specified times or at a place of a specified description.
3U.K.Prohibition of the inclusion in specified consumer transactions of terms or conditions purporting to exclude or limit the liability of a party to such a transaction in respect of specified matters.
4U.K.A requirement that contracts relating to specified consumer transactions shall include specified terms or conditions.
5U.K.A requirement that contracts or other documents relating to specified consumer transactions shall comply with specified provisions as to lettering (whether as to size, type, colouring or otherwise).
6U.K.A requirement that specified information shall be given to parties to specified consumer transactions.
Sections 50 and 51.
1U.K.Raw cane or beet sugar.
2U.K.Sugar beet.
3U.K.Hops.
[F254U.K.Water.]
Textual Amendments
F25Sch. 7 Pt. I para. 4 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1)(3), Sch. 25 para. 45(4), Sch. 27 Pt. I
5U.K.Port facilities (as defined by section 92(1) of the M4Transport Act 1962).
Marginal Citations
6U.K.Air navigation services (as defined by section 64(1) of the M5Civil Aviation Act 1971).
Marginal Citations
[F267U.K.International carriage by air, otherwise than on a charter flight (that is to say, a flight on which the whole capacity of the aircraft is available for purchase by one or more charterers for his or their own use or for resale).]
Textual Amendments
F26Sch. 7 Pt. I para. 7 substituted by S.I. 1984/1887, art. 2
8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
Textual Amendments
9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
Textual Amendments
F28Sch. 7 Pt. I para. 9 inserted in Part I of Sch. 7 after para. 8 by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 29 and repealed by Broadcasting Act 1990 (c. 42, SIF 96), ss. 192(4), 203(3), Sch. 21
Description of goods or services | Form of supply excluded |
---|---|
F299.. . . | F29. . . |
10. Refined sugar. | Supply otherwise than by way of retail sale. |
11. Fleece wool. | Supply under a scheme for the time being in force under the M6Agricultural Marketing Act 1958. |
F3012.. . . | F30. . . |
F30. . . | |
F30. . . | |
13. . . . F31 | . . . F31 |
Textual Amendments
F29Sch. 7 Pt. II para. 9 deleted (16.10.1998) by S.I. 1998/2253, art. 2(a)
F30Sch. 7 Pt. II para. 12 deleted (16.10.1998) by S.I. 1998/2253, art. 2(b)
Marginal Citations
Description of goods | Form of supply excluded |
---|---|
14. Live pigs. | Supply for slaughter. |
15. Fresh uncured carcases or parts of carcases of pigs. | Supply otherwise than by way of retail sale. |
Sections 56, 73, 74, 77, 89 and 91.
Modifications etc. (not altering text)
C5Sch. 8 extended (with modifications) (13.5.1999) by 1994 c. 17, s. 33(2); S.I. 1999/1309, art. 2, Sch.
C6Sch. 8 applied (with modifications) (9.5.1998) by 1993 c. 21, s. 33(2); S.I. 1998/1138, art. 2(e)(vii)
Modifications etc. (not altering text)
C7Sch. 8 Pt. I extended (N.I.) (1.9.1995) by S.I. 1994/426 (N.I. 1), art. 45(1); S.R. 1995/294, art. 2, Sch.
Sch. 8 Pt. I modified (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 18(1)(a) (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2
Sch. 8 Pt. I extended (with modifications) (28.8.1996) by S.I. 1996/2199, reg. 21(1)(3)(4)(6)
C8Pt. I extended by Competition Act 1980 (c. 21), ss. 10(4), 33(5) and extended (except para. 10) (1.5.1980) ibid., s. 12(6)
1U.K.Subject to paragraph 3 of this Schedule, an order under section 56 or section 73 of this Act (in this Schedule referred to as an “order”) may declare it to be unlawful, except to such extent and in such circumstances as may be provided by or under the order, to make or to carry out any such agreement as may be specified or described in the order.
2U.K.Subject to the next following paragraph, an order may require any party to any such agreement as may be specified or described in the order to terminate the agreement within such time as may be so specified, either wholly or to such extent as may be so specified.
3F32(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F32(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)An order shall not by virtue of either of those paragraphs declare it to be unlawful to make or to carry out, or require any person to terminate, an agreement in so far as, if made, it would relate, or (as the case may be) in so far as it relates, to the terms and conditions of employment of any workers, or to the physical conditions in which any workers are required to work.
(4)In this paragraph “terms and conditions of employment” has the meaning assigned to it by section 167(1) of the M7Industrial Relations Act 1971.
Textual Amendments
F32Sch. 8 para. 3(1)(2) repealed (10.11.1999) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 1(3)(d), Sch. 14 Pt. I (with s. 73); S.I. 1999/2859, art. 2(a)(c)
Marginal Citations
4U.K.An order may declare it to be unlawful, except to such extent and in such circumstances as may be provided by or under the order, to withhold or to agree to withhold or to threaten to withhold, or to procure others to withhold or to agree to withhold or threaten to withhold, from any such persons as may be specified or described in the order, any supplies or services so specified or described or any orders for such supplies or services (whether the withholding is absolute or is to be effectual only in particular circumstances).
5U.K.An order may declare it to be unlawful, except to such extent and in such circumstances as may be provided by or under the order, to require, as a condition of the supplying of goods or services to any person,—
(a)the buying of any goods, or
(b)the making of any payment in respect of services other than the goods or services supplied, or
(c)the doing of any other such matter as may be specified or described in the order.
6U.K.An order may declare it to be unlawful, except to such extent and in such circumstances as may be provided by or under the order,—
(a)to discriminate in any manner specified or described in the order between any persons in the prices charged for goods or services so specified or described, or
(b)to do anything so specified or described which appears to the appropriate Minister to amount to such discrimination,
or to procure others to do any of the things mentioned in sub-paragraph (a) or sub-paragraph (b) of this paragraph.
7U.K.An order may declare it to be unlawful, except to such extent and in such circumstances as may be provided by or under the order,—
(a)to give or agree to give in other ways any such preference in respect of the supply of goods or services, or the giving of orders for goods or services, as may be specified or described in the order, or
(b)to do anything so specified or described which appears to the appropriate Minister to amount to giving such preference,
or to procure others to do any of the things mentioned in sub-paragraph (a) or sub-paragraph (b) of this paragraph.
8U.K.An order may declare it to be unlawful, except to such extent and in such circumstances as may be provided by or under the order, to charge for goods or services supplied prices differing from those in any published list or notification, or to do anything specified or described in the order which appears to the appropriate Minister to amount to charging such prices.
9U.K.An order may require a person supplying goods or services to publish a list of or otherwise notify prices, with or without such further information as may be specified or described in the order.
[F339A(1)An order may require a person supplying goods or services to publish—U.K.
(a)any such accounting information in relation to the supply of the goods or services, and
(b)any such information in relation to—
(i)the quantities of goods or services supplied, or
(ii)the geographical areas in which they are supplied,
as may be specified or described in the order.
(2)In this paragraph “accounting information”, in relation to a supply of goods or services, means information as to—
(a)the costs of the supply, including fixed costs and overheads,
(b)the manner in which fixed costs and overheads are calculated and apportioned for accounting purposes of the supplier, and
(c)the income attributable to the supply.]
Textual Amendments
10(1)Subject to the following provisions of this paragraph, an order may, to such extent and in such circumstances as may be provided by or under the order, regulate the prices to be charged for any goods or services specified or described in the order.U.K.
(2)An order shall not exercise the power conferred by the preceding sub-paragraph in respect of goods or services of any description unless the matters specified in the relevant report as being those which in the opinion of the Commission operate, or may be expected to operate, against the public interest relate, or include matters relating, to the prices charged for goods or services of that description.
(3)In this paragraph “the relevant report”, in relation to an order, means the report of the Commission in consequence of which the order is made, in the form in which that report is laid before Parliament.
11U.K.An order may declare it to be unlawful, except to such extent and in such circumstances as may be provided by or under the order, for any person, by publication or otherwise, to notify, to persons supplying goods or services, prices recommended or suggested as appropriate to be charged by those persons for those goods or services.
12(1)An order may prohibit or restrict the acquisition by any person of the whole or part of the undertaking or assets of another person’s business, or the doing of anything which will or may have a result to which this paragraph applies, or may require that, if such an acquisition is made or anything is done which has such a result, the persons concerned or any of them shall thereafter observe any prohibitions or restrictions imposed by or under the order.U.K.
(2)This paragraph applies to any result which consists in two or more bodies corporate becoming interconnected bodies corporate.
(3)Where an order is made in consequence of a report of the Commission under section 72 of this Act, or is made under section 74 of this Act, this paragraph also applies to any result (other than that specified in sub-paragraph (2) of this paragraph) which, in accordance with section 65 of this Act, consists in two or more enterprises ceasing to be distinct enterprises.
[F3412A.An order may require any person to furnish any such information to the Director as may be specified or described in the order.
12B.An order may require any activities to be carried on separately from any other activities.
12C.An order may prohibit or restrict the exercise of any right to vote exercisable by virtue of the holding of any shares, stock or securities.]
Textual Amendments
13U.K.In this Part of this Schedule “the appropriate Minister”, in relation to an order, means the Minister by whom the order is made.
Modifications etc. (not altering text)
C10Sch. 8 Pt. II extended (N.I.) (1.9.1995) by S.I. 1994/426 (N.I. 1), art. 45(1); S.R. 1995/294, art. 2,Sch.
Sch. 8 Pt. II modified (N.I.) (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 18(1)(a) (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2
Sch. 8 Pt. II extended (with modifications) (28.8.1996) by S.I. 1996/2199, reg. 21(1)(3)(4)(6)
14U.K.An order may provide for the division of any business by the sale of any part of the undertaking or assets or otherwise (for which purpose all the activities carried on by way of business by any one person or by any two or more interconnected bodies corporate may be treated as a single business), or for the division of any group of interconnected bodies corporate, and for all such matters as may be necessary to effect or take account of the division, including—
(a)the transfer or vesting of property, rights, liabilities or obligations;
(b)the adjustment of contracts, whether by discharge or reduction of any liability or obligation or otherwise;
(c)the creation, allotment, surrender or cancellation of any shares, stock or securities;
(d)the formation or winding up of a company or other association, corporate or unincorporate, or the amendment of the memorandum and articles or other instruments regulating any company or association;
(e)the extent to which, and the circumstances in which, provisions of the order affecting a company or association in its share capital, constitution or other matters may be altered by the company or association, and the registration under any enactment of the order by companies or associations so affected;
(f)the continuation, with any necessary change of parties, of any legal proceedings.
15U.K.In relation to an order under section 73 of this Act, the reference in paragraph 14 of this Schedule to the division of a business as mentioned in that paragraph shall be construed as including a reference to the separation, by the sale of any part of any undertaking or assets concerned or other means, of enterprises which are under common control otherwise than by reason of their being enterprises of interconnected bodies corporate.
Section 91.
Modifications etc. (not altering text)
C11Sch. 9 applied (28.8.1996) by S.I. 1996/2199, reg. 23(1)
1U.K.The provisions of this Schedule shall have effect where the Secretary of State proposes to lay before Parliament a draft of any such order as is mentioned in section 91(1) of this Act.
2U.K.The Secretary of State shall cause notice of his intention to lay a draft of the order before Parliament to be published in the London Gazette, the Edinburgh Gazette and the Belfast Gazette and in two or more daily newspapers (other than local newspapers), and shall not lay a draft of the order until the end of the period of forty-two days beginning with the day on which the publication of the notice in accordance with this paragraph is completed.
3U.K.A notice under this Schedule shall—
(a)state that it is proposed to lay a draft of the order before Parliament;
(b)indicate the nature of the provisions to be embodied in the order;
(c)name a place where a copy of the draft will be available to be seen at all reasonable times; and
(d)state that any person whose interests are likely to be affected by the order, and who is desirous of making representations in respect of it, should do so in writing (stating his interest and the grounds on which he wishes to make the representations) before the date on which the period mentioned in paragraph 2 of this Schedule is due to expire (specifying that date).
4U.K.The Secretary of State shall consider any representation that is duly made with respect to the draft order and is not withdrawn, and, at any time after the date specified in the notice in accordance with sub-paragraph (d) of paragraph 3 of this Schedule, may lay the draft order . . . F35
Textual Amendments
F35Words repealed by Companies Act 1989 (c. 40, SIF 27), ss. 153, 212, Sch. 20 para. 20(1)(2), Sch. 24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36Schs. 10, 11 paras. 12, 13 repealed by Restrictive Trade Practices Act 1976 (c. 34), Sch. 6
Sections 139, 140.
1(1)Subject to the following provisions of this Schedule, in so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if done under that provision.U.K.
(2)In relation to the Commission (by whichever of the names mentioned in section 4(1) of this Act it was for the time being called) sub-paragraph (1) of this paragraph applies, in particular, to any appointment of a member of the Commission (including any appointment, or extension of the term of service, of a chairman or deputy chairman of the Commission) or of any of the staff of the Commission, any reference made to the Commission, any proceedings or report of the Commission on such a reference, and any order made in consequence of any such report.
(3)A provision of this Act shall, for the purposes of this Schedule, be regarded as corresponding to an enactment repealed by this Act if (notwithstanding that it differs, whether to a small extent or substantially, from that enactment) it fulfils in this Act a purpose similar to that which that enactment fulfilled in the repealed enactments; and any reference in this Schedule to provisions of the repealed enactments corresponding to any provisions of this Act shall be construed accordingly.
(4)In this Schedule “the repealed enactments” means the enactments repealed by this Act, and “the commencement of this Act”, where that expression occurs in any provision of this Schedule,—
(a)if the same day is appointed under section 140 of this Act for the repeal of all those enactments, means the day so appointed, or
(b)if different days are appointed under that section for the repeal of different enactments, means such day as may be specified for the purposes of this sub-paragraph in an order made by the Secretary of State by statutory instrument;
and different days may be so specified in relation to different provisions of this Schedule.
2U.K.For the purposes of the operation of paragraph 1 of this Schedule, anything done by or in relation to the Board of Trade shall be treated as having been done by or in relation to the Secretary of State, whether apart from this paragraph it would fall to be so treated or not.
3U.K.Without prejudice to any express amendment made by this Act, where an Act (whether passed before, or in the same Session as, this Act) or any document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to any corresponding provision of this Act.
4U.K.Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, and there is a corresponding provision in this Act, this Act shall have effect as if that corresponding provision had been in force when that period began to run.
5U.K.Without prejudice to paragraph 1 of this Schedule, any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act shall, except where the context otherwise requires, be construed as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any corresponding provisions of the repealed enactments.
6U.K.Nothing in this Act shall affect the repealed enactments in their operation in relation to offences committed before the commencement of this Act.
7(1)Any reference made to the Commission under the repealed enactments, and any report of the Commission made before the commencement of this Act on any such reference, shall have effect in accordance with paragraph 1 of this Schedule if made in accordance with such of the repealed enactments as were applicable to it, and shall so have effect notwithstanding that the reference or report was not made in accordance with the corresponding provisions of this Act.U.K.
(2)In the case of any such reference on which the Commission have not made their report before the commencement of this Act—
(a)any proceedings of the Commission on that reference after the commencement of this Act shall be conducted in accordance with the repealed enactments as if they had not been repealed, and
(b)any report of the Commission on that reference shall be made in accordance with those enactments and not in accordance with any corresponding provisions of this Act;
but nothing in this sub-paragraph shall be construed as excluding the operation of any provisions of this Act relating to any functions of the Director in relation to the Commission, to the transmission to the Director of copies of reports of the Commission, or to any other action authorised or required to be taken in relation to or in consequence of a report made by the Commission.
(3)In particular, but without prejudice to the generality of the preceding sub-paragraphs, any reference, proceedings or report to which either of those sub-paragraphs applies shall have effect, or shall be conducted or made, as mentioned in that sub-paragraph notwithstanding that the reference or report related or relates to the question whether conditions to which the Act of 1948 applied prevailed or prevail, and not to the existence or possible existence of a monopoly situation within the meaning of this Act.
(4)For the purposes of the operation of sub-paragraph (2) of this paragraph in relation to a report made by the Commission after the commencement of this Act, section 29(1) of the Act of 1956 (whereby conditions to which the Act of 1948 applied were not to be considered to prevail by reason of any agreement to which Part I of the Act of 1956 applied) shall be construed as if section 6(1) of the Act of 1956 had been originally enacted as amended by section 95 of this Act.
8U.K.An order made under section 56 of this Act in consequence of a report made by the Commission before the commencement of the Act of 1965 shall not exercise any of the powers specified in Part II of Schedule 8 to this Act; and accordingly the powers conferred by section 89 of this Act shall not be exercisable in consequence of any such report.
9(1)This paragraph applies to any undertaking given to a Minister which is certified by the Secretary of State to have been given in relation to matters dealt with in a report made by the Commission on a reference under section 2 of the Act of 1948 or on a reference under section 6 of the Act of 1965 and which either—U.K.
(a)was given before the commencement of this Act, or
(b)is given after the commencement of this Act in a case where no request under subsection (1) of section 88 of this Act has been made to the Director to carry out consultations in accordance with that subsection.
(2)A copy of any certificate given by the Secretary of State under the preceding sub-paragraph shall be furnished to the Director; and the Minister to whom any such undertaking was or is given shall furnish particulars of it to the Director.
(3)Subsection (4) of section 88 of this Act shall have effect in relation to any undertaking to which this paragraph applies as if—
(a)it were an undertaking of which particulars have been furnished to the Director under subsection (2) of that section, and
(b)any reference in subsection (4) of that section to the report of the Director were a reference to a report made by the Commission as mentioned in sub-paragraph (1) of this paragraph.
(4)The preceding provisions of this paragraph shall have effect without prejudice—
(a)to the duty of the Commission under section 86 of this Act to transmit to the Director copies of reports which were made by the Commission before the commencement of this Act and which, by virtue of paragraphs 1 and 7 of this Schedule, have effect as if made under this Act, or
(b)to any duty of the Director, where requested by the appropriate Minister or Ministers to do so with respect to any such report, to carry out such consultations as are mentioned in section 88(1) of this Act.
10U.K.Subsection (5) of section 88 of this Act shall have effect in relation to any order which was made under section 10 of the Act of 1948 or under section 3 or section 6 of the Act of 1965 and which, by virtue of paragraph 1 of this Schedule, has effect as if made under this Act, as that subsection has effect in relation to orders made under this Act in the circumstances specified in that subsection.
11(1)Except as provided by paragraph 15 of this Schedule, in relation to any time after the commencement of this Act, anything which has before the commencement of this Act been done by or in relation to the Registrar shall have effect as if it had been done by or in relation to the Director.U.K.
(2)Sub-paragraph (1) of this paragraph applies, in particular, to any regulations made by the Registrar, any register kept or document issued by the Registrar, any particulars furnished to the Registrar, and any application to or proceedings before the Restrictive Practices Court, or any other court, tribunal or authority, made or instituted by or against the Registrar or to which the Registrar was otherwise a party; and such proceedings, if pending at the commencement of this Act, may accordingly be continued by or against the Director, or with the Director being otherwise treated as a party to them, as the circumstances may require, and for the purpose of so continuing them anything done by or in relation to the Registrar in connection with any such proceedings shall be treated as having been done by or in relation to the Director.
(3)In this Schedule “the Registrar” means the Registrar of Restrictive Trading Agreements.
12, 13.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37
Textual Amendments
F37Schs. 10, 11 paras. 12, 13 repealed by Restrictive Trade Practices Act 1976 (c. 34), Sch. 6
14U.K.The repeal by this Act of the following enactments, that is to say, Part II of Schedule 1 to the Act of 1965 and section 3(4)(d) of the M8Superannuation (Miscellaneous Provisions) Act 1967, shall not affect the operation of those enactments in relation to any person who was appointed to be chairman or deputy chairman of the Commission before the commencement of this Act; and, in relation to any such person, a recommendation made under paragraph 5 of that Schedule shall have effect whether made before or after the commencement of this Act.
Marginal Citations
15(1)The repeal by this Act of subsections (7) and (8) of section 1 of the Act of 1956 shall not affect the operation of those subsections in relation to any person who was appointed to be the Registrar before the commencement of this Act; and, in relation to any such person, a determination made under subsection (7) of that section shall have effect whether made before or after the commencement of this Act.U.K.
(2)Paragraph 11 of this Schedule shall not have effect for the purposes of the operation of subsection (7) or subsection (8) of section 1 of the Act of 1956 in accordance with the preceding sub-paragraph.
16U.K.The repeal by this Act of subsections (2) to (4) of section 30 of the M9Trade Descriptions Act 1968 shall not affect the operation of those subsections in their application to any case where a notice under subsection (2) of that section, or a certificate under subsection (4) of that section or a document purporting to be such a certificate, has been given or issued before the commencement of this Act; and the duty imposed by section 130(1) of this Act shall not apply where such a notice has been so given.
Marginal Citations
Section 139.
Acts | Amendment |
---|---|
. . . F38 | . . . |
The M10Agricultural Marketing Act 1958. | In section 47, in the proviso to subsection (2), after paragraph (a) there shall be inserted the following paragraph:— “(aa)made to the Monopolies and Mergers Commission, or to any member of that Commission or to any staff of that Commission, or to the Director General of Fair Trading or any staff appointed by thar Director General, if it is made for the purpose of enabling the Commission or the Director General to perform any functions of theirs or his under the Fair Trading Act 1973.” |
The M11Public Records Act 1958. | In Schedule 1, in Part II of the Table set out at the end of paragraph 3, for the words “Registrar of Restrictive Trading Agreements” there shall be substituted the words “the Director General of Fair Trading”. |
[F39The M12Agricultural Marketing Act (Northern Ireland) 1964.] | [F39In section 23, in subsection (2), after paragraph (aa) there shall be inserted the following paragraph:— “(aaa)made to the Monopolies and Mergers Commission, or to any member of that Commission or to any staff of that Commission, or to the Director General of Fair Trading or any staff appointed by thar Director General, if it is made for the purpose of enabling the Commission or the Director General to perform any functions of theirs or his under the Fair Trading Act 1973.”] |
. . . F38 | . . . |
. . . F40 | . . . |
. . . F38 | . . . |
The M13Local Government Act 1972. | In section 201, in subsection (6)(a), after the words “Trades Descriptions Acts 1968 and 1972” there shall be inserted the words “or the Fair Trading Act 1973”. |
Textual Amendments
F38Entries repealed by Iron and Steel Act 1975 (c. 64), Sch. 7, Restrictive Practices Court Act 1976 (c. 33), Sch., Restrictive Trade Practices Act 1976 (c. 34), Sch. 6, Resale Prices Act 1976 (c. 53), Sch. 3 Pt. I and Patents Act 1977 (c. 37), Sch. 6
F39Amendment of the Agricultural Marketing Act (Northern Ireland) 1964 repealed (prosp.) (but by S.R.s 1984 No. 422 and 1989 No. 47 the repeal came into operation in relation to the Pigs Marketing Board (Northern Ireland) on 31.12.1984 and in relation to the Milk Marketing Board for Northern Ireland on 1.4.1989 respectively) by S.I. 1982/1080 (N.I. 12), art. 46(2), Sch. 9
F40Amendment of the Pensions (Increase) Act 1971 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4
Modifications etc. (not altering text)
C12The text of the amendment to Agricultural Marketing Act 1958 (c. 47) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C13The text of the amendment to the Public Records Act 1958 (c. 51), Sch. 1 para. 3 Table Pt. II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C14The text of the amendment to the Agricultural Marketing Act (Northern Ireland) 1964 (c. 13) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C15The text of the amendment to the Local Government Act 1972 (c. 70), s. 201(6)(a) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
M106 & 7 Eliz. 2. c. 47.
M116 & 7 Eliz. 2. c. 51.
Modifications etc. (not altering text)
C16The text of Sch. 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
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