Fair Trading Act 1973

16 Restriction on references under s. 14 in respect of certain goods and services. U.K.

(1) No reference under section 14 of this Act shall be made to the Advisory Committee by the Director except with the consent of the appropriate Minister, if it appears to the Director that the consumer trade practice in question—

(a) is carried on in connection only with the supply, by a body corporate to which this section applies, of goods or services of a description specified in Part I of Schedule 5 to this Act, . . . F1

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 [F2 or

(c) is carried on in connection only with the supply of electricity by a licence holder within the meaning of Part I of the Electricity Act 1989 [F3 or Part II of the Electricity (Northern Ireland) Order 1992].][F4 or

(d) is carried on in connection only with the conveyance or supply of gas by a licence holder within the meaning of Part II of the Gas (Northern Ireland) Order 1996;]

(2) This section applies to any body corporate which fulfils the following conditions, that is to say—

(a) that the affairs of the body corporate are managed by its members, and

(b) that by virtue of an enactment those members are appointed by a Minister;

and in this section “Minister” includes a [F5 Northern Ireland department], and “the appropriate Minister”, in relation to a body corporate, means the Minister by whom members of that body corporate are appointed.

[F6 (2A) In this section “the appropriate Minister”, in relation to a licence holder within the meaning of Part I of the Electricity Act 1989, means the Secretary of State responsible for matters relating to energy.]

[F7 (2B) In this section “the appropriate Minister” in relation to a licence holder within the meaning of Part II of the Electricity (Northern Ireland) Order 1992 [F8 or Part II of the Gas (Northern Ireland) Order 1996], means the Department of Economic Development.]

(3) The Secretary of State may by order made by statutory instrument vary any of the provisions of Schedule 5 to this Act, either by adding one or more further entries or by altering or deleting any entry for the time being contained in it; and any reference in this Act to that Schedule shall be construed as a reference to that Schedule as for the time being in force.

Textual Amendments

F1 Word “or” and s. 16(1)(b) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109(6), Sch. 7 Pt. I

F2 Word “or” and s. 16(1)(c) added (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 16(2)

F3 Words in s. 16(1)(c) inserted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 9(a); S.R. 1992/117, art. 3(1)

F4 S. 16(1)(d) added (N.I.) (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 71(1), Sch. 6 (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

F5 Words substituted by virtue of Northern Ireland Act 1974 (c. 28), Sch. 1 para. 2(1)(b)(4)

F6 S. 16(2A) inserted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 16(3)

F7 S. 16(2B) inserted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 9(b); S.R. 1992/117, para. 3

F8 Words in s. 16(2B) inserted (N.I.) (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 71(1), Sch. 6 (with Sch. 7 paras. 2, 3(2)), Sch. 6; S.R. 1996/216, art. 2