Restrictive Trade Practices Act 1976 (repealed 1.3.2000)

Section 24.

SCHEDULE 2 U.K. Furnishing of Particulars of Agreements

Modifications etc. (not altering text)

C1 Sch. 2 modified by Financial Services Act 1986 (c. 60, SIF 69), ss. 125(6), 140, Sch. 11 para. 36(2) and by S.I. 1990/593 (N.I. 5), art. 49(1), Sch. 14 para. 9(5)

1 [F1 (1) Subject to paragraph 2 below, no duty to furnish particulars in respect of an agreement which is subject to registration shall be affected by any subsequent variation or determination of the agreement.]

(2) If at any time after an agreement has become subject to registration it is varied (whether in respect of the parties or in respect of the terms) or determined otherwise than by effluxion of time, particulars of the variation or determination shall be furnished to the Director.

Textual Amendments

F1 Sch. 2 para. 1(1) substituted (3.1.1995) by 1994 c. 40, ss. 10(4), 82(2)(a)(b), Sch. 3 para. 7(2)

2 (1) The following provisions of this paragraph apply where [F2 , after an agreement is made, it becomes an agreement in respect of which particulars fall to be furnished under section 24 above].

(2) If, before the expiry of the time within which, apart from this paragraph, particulars would be required to be furnished in respect of the agreement, and before particulars have been so furnished, the agreement is determined (whether by effluxion of time or otherwise), section 24(1) above [F3 (so far as applicable)] and paragraph 1 above shall cease to apply to the agreement.

(3) If, before the expiry of that time and before particulars have been furnished in respect of the agreement, the agreement is varied, the particulars to be furnished under section [F4 24(1)] shall be particulars of the agreement as varied, and paragraph 1 above shall not apply in relation to the variation.

[F5 (4) Where the time for furnishing particulars of an agreement is determined by entry (f) of the Table in paragraph 5(1) below—

(a) sub-paragraph (2) above shall not apply where the restrictions made or information provisions accepted under the agreement take effect before the agreement is determined, and

(b) sub-paragraph (3) above shall only apply to variation of the agreement before the restrictions made or information provisions accepted under it take effect.]

Textual Amendments

F2 Words in Sch. 2 para. 2(1) substituted (3.1.1995) by 1994 c. 40, ss. 10(4), 82(2)(a)(b), Sch. 3 para. 7(3)

F3 Words in Sch. 2 para. 2(2) inserted (3.1.1995) by 1994 c. 40, ss. 10(4), 82(2)(a)(b), Sch. 3 para. 7(4)

F4 Word in Sch. 2 para. 2(3) substituted (3.1.1995) by 1994 c. 40, ss. 10(4), 82(2)(a)(b), Sch. 3 para. 7(5)

F5 Sch. 2 para. 2(4) inserted (19.3.1996) by 1996/347, art. 5

3 Particulars of an agreement shall—

(a) in so far as the agreement, or any variation or determination of it, is made by an instrument in writing, be furnished by the production of the original or a true copy of the instrument;

(b) in so far as the agreement, or any variation or determination of it, is not made by an instrument in writing, be furnished by the production of a memorandum in writing signed by the person by whom the particulars are furnished.

4 (1) Particulars may be furnished by or on behalf of any person who is party to the agreement or, as the case may be, was party thereto immediately before its determination.

(2) Where such particulars are duly furnished by or on behalf of any such person the provisions of section 24 and this Schedule shall be deemed to be complied with on the part of all such persons.

5 (1) The following Table shows the time within which particulars of agreements and any variation or determination of an agreement, are to be furnished under section 24 and this Schedule:—

Table

Description of agreement	Time for registering particulars
(a) Agreement made on or after 25th November 1968, other than an agreement to which (b) to (j) below apply.	F6 . . . within 3 months from the day on which the agreement is made.
(b) Agreement approved by order under section 29 or section 30 above which becomes subject to registration by virtue of the expiry or revocation of that order.	Within 1 month from the day on which the agreement becomes so subject.
(c) Agreement which becomes subject to registration by virtue of the revocation of an order under section 9(5) above.	Within 1 month from the day on which the agreement becomes so subject.
[F7 (ca) Agreement which ceases to be a non-notifiable agreement.	Within 1 month from the day on which the agreement so ceases.]
(d) Agreement which becomes subject to registration by virtue of an order under section 7 above coming into force after the making of the agreement.	Within 3 months from the day on which the agreement becomes so subject.
(e) Agreement which becomes subject to registration by virtue of an order under section 11 or section 12 above coming into force after the making of the agreement.	Within 3 months from the day on which the agreement becomes so subject.
(f) Agreement whether made before on or after 25th November 1968 which becomes subject to registration by virtue of a variation on or after that date [F8 not being a variation which becomes subject to registration by virtue of an order under section 11 or 12 above].	[F9 within 3 months from the day on which the agreement becomes so subject].
(g) Agreement which becomes subject to registration by virtue of the expiry or withdrawal of an approval given under section 32 above.	Within 3 months from the day on which the agreement becomes so subject.
(h) Agreement which was subject to registration on 25th November 1968, of which particulars had not been duly furnished.	Within 3 months from 25th November 1968.
(i) Variation on or after 25th November 1968 of an agreement (whether made before or after that date) being a variation which extends or adds to the restrictions accepted or information provisions made under the agreement [F10 other than a variation to which (ii) below applies].	[F11 Within three months from the day of the variation].
[F12 (ii) Variation of an agreement being a variation which extends or adds to the restrictions accepted or information provisions made under the agreement and which becomes subject to registration by virtue of the revocation or variation of an order made under section 11 or 12 above.]	[F12 Within 1 month from the day on which the variation becomes so subject.]
(j) Any other variation of an agreement, and the determination of an agreement.	Within 3 months from the day of the variation or determination.

(2) Any reference in the second column of the Table in this paragraph to a period calculated from a specified day is a reference to the period in question inclusive of that day.

Textual Amendments

F6 Sch. 2 para. 5(1) Table: words in entry (a) repealed (19.3.1996) by 1996/347, art. 3(i)

F7 Sch. 2 para. 5 Table: entry (ca) inserted (3.1.1995) by 1994 c. 40, ss. 10(4), 82(2)(a)(b), Sch. 3 para. 7(6)

F8 Words added (1.5.1980) by Competition Act 1980 (c. 21), s. 27(4)(a)

F9 Sch. 2 para. 5 (1) Table: words in entry (f) substituted (19.3.1996) by 1996/347, art. 3(ii)

F10 Words added (1.5.1980) by Competition Act 1980 (c. 21), s. 27(4)(b)

F11 SCh. 2 para. 5(1) Table: words in entry (i) substituted (19.3.1996) by S.I. 1996/347, art. 3(iii)

F12 Para. (ii) added (1.5.1980) by Competition Act 1980 (c. 21), s. 27(4)(c)