Restrictive Trade Practices Act 1976 (repealed 1.3.2000)

1 Registration of agreements and Court’s jurisdiction. U.K.

(1) Every agreement to which this Act applies by virtue of—

(a) section 6 below (restrictive agreements as to goods);

(b) an order under section 7 below (information agreements as to goods);

(c) an order under section 11 below (restrictive agreements as to services);

(d) an order under section 12 below (information agreements as to services);

is subject to registration under this Act.

(2) The Director General of Fair Trading (“the Director”) continues charged with the duty—

(a) of compiling and maintaining a register of agreements subject to registration under this Act;

(b) of entering or filing in the register such particulars as may be prescribed by regulations made under section 27 below of any such agreement, being—

(i) particulars duly furnished to him under this Act by parties to the agreement; or

(ii) documents or information obtained by him under this Act;

(c) of taking proceedings before the Restrictive Practices Court (“the Court”) in respect of the agreements of which particulars are from time to time entered or filed in the register; but this paragraph is subject to—

(i) such directions as may be given by the Secretary of State as to the order in which those proceedings are to be taken;

(ii) section 21 below (Director’s duties as to proceedings for investigation).

[F1 (2A) In the case of a non-notifiable agreement, subsection (2)(a) and (b) above shall only apply where the Director considers that any restrictions or information provisions by virtue of which this Act applies to the agreement are of such significance as to call for investigation by the Court.]

(3) The Court has jurisdiction, on the Director’s application in respect of an agreement of which particulars are for the time being registered under this Act, to declare whether or not any restrictions or information provisions by virtue of which this Act applies to the agreement are contrary to the public interest; but this jurisdicion is subject to paragraphs 6(2) and 9(2) of Schedule 3 to this Act.

Textual Amendments

F1 S. 1(2A) inserted (3.1.1995) by 1994 c. 40, ss. 10(4), 82(2), Sch. 3 para. 2

Modifications etc. (not altering text)

C1 S. 1(3) amended (1.5.1980) by Competition Act 1980 (c. 21), ss. 25, 26