Fair Trading Act 1973

90 General provisions as to orders under ss. 56, 73, 74 and 89. U.K.

(1) This section applies to any order under section 56, section 73, section 74 [F1 section 75K]or section 89 of this Act.

(2) Any such order declaring anything to be unlawful may declare it to be unlawful either for all persons or for such persons as may be specified or described in the order.

(3) Nothing in any such order shall have effect so as to apply to any person in relation to his conduct outside the United Kingdom unless that person is—

(a) a citizen of the United Kingdom and Colonies, or

(b) a body corporate incorporated under the law of the United Kingdom or of a part of the United Kingdom, or

(c) a person carrying on business in the United Kingdom, either alone or in partnership with one or more other persons,

but, in the case of a person falling within paragraph (a), paragraph (b) or paragraph (c) of this subsection, any such order may extend to acts or omissions outside the United Kingdom.

(4) An order to which this section applies may extend so as to prohibit the carrying out of agreements already in existence on the date on which the order is made.

[F2 (5) Nothing in any order to which this section applies shall have effect so as to—

(a) cancel or modify conditions in licences granted—

(i) under a patent granted under the Patents Act 1949 or the Patents Act 1977 or a European patent (UK) (within the meaning of the Patents Act 1977), or

(ii) in respect of a design registered under the Registered Designs Act 1949,

by the proprietor of the patent or design, or

(b) require an entry to be made in the register of patents or the register of designs to the effect that licences under such a patent or such a design are to be available as of right.]

(6) Nothing in any such order shall affect the conduct of a board established under a scheme made under the M1 Agricultural Marketing Act 1958 [F3 or under the M2 Agricultural Marketing Act (Northern Ireland) 1964][F4 or the Agricultural Marketing (Northern Ireland) Order 1982.]

(7) An order to which this section applies may authorise the Minister making the order to give directions to a person specified in the directions, or to the holder for the time being of an office so specified in any company or association,—

(a) to take such steps within his competence as may be specified or described in the directions for the purpose of carrying out, or securing compliance with, the order, or

(b) to do or refrain from doing anything so specified or described which he might be required by the order to do or refrain from doing,

and may authorise that Minister to vary or revoke any directions so given.

Textual Amendments

F1 Words inserted by Companies Act 1989 (c. 40, SIF 27), s. 153, Sch. 20 para. 16(2)

F2 S. 90(5) substituted by Companies Act 1989 (c. 40, SIF 27), s. 153, Sch. 20 para. 16(3)

F3 Words 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

F4 Words added by S.I. 1982/1080, (N.I. 12), art. 46(1), Sch. 8

Modifications etc. (not altering text)

C1 S. 90 applied (with modifications) (28.8.1996) by S.I. 1996/2199, reg. 24

C2 S. 90(1) extended (1.5.1980) by Competition Act 1980 (c. 21), s. 12(6)

C3 S. 90(1)(3) extended by Competition Act 1980 (c. 21), ss. 10(4), 33(5)

C4 S. 90(4) extended (9.5.1998) by 1993 c. 21, s. 33(5); S.I. 1998/1138, art. 2(e)(vii)

S. 90(4) extended (13.5.1999) by 1994 c. 17, s. 33(5); S.I. 1999/1309, art. 2, Sch.

Marginal Citations

M1 1958 c. 47.

M2 1964 c. 13 (N.I.)