Restrictive Trade Practices Act 1976 (repealed 1.3.2000)

43 Interpretation and construction. U.K.

(1) In this Act—

• “agreement” includes any agreement or arrangement, whether or not it is or is intended to be enforceable (apart from any provision of this Act) by legal proceedings, and references in this Act to restrictions accepted or information provisions made under an agreement shall be construed accordingly;

• “the Court” means the Restrictive Practices Court;

• “designated services” has the meaning given by section 13(1) above;

• “the Director” means the Director General of Fair Trading appointed under the M1 Fair Trading Act 1973;

• “goods” includes ships and aircraft, minerals, substances and animals (including fish), and references to the production of goods include references to the getting of minerals and the taking of such animals;

• “information provision” includes a provision for or in relation to the furnishing of information;

• “interconnected bodies corporate” means bodies corporate which are members of the same group, and for the purposes of this definition “group” means a body corporate and all other bodies corporate which are its subsidiaries—

  (a)

  within the meaning of [F1 section 736 of the Companies Act 1985] (or for companies in Northern Ireland, [F2 Article 4 of the Companies (Northern Ireland) Order 1986]); or

  (b)

  in the case of an industrial and provident society, within the meaning of section 15 of the M2 Friendly and Industrial and Provident Societies Act 1968 (or for industrial and provident societies in Northern Ireland, section 47 of the M3 Industrial and Provident Societies Act (Northern Ireland) 1969);

• [F3 “non-notifiable agreement” has the meaning given by section 27A(1) above;]

• “price” includes a charge of any description;

• “restriction” includes a negative obligation, whether express or implied and whether absolute or not;

• “services supply association” means such an association as is described in section 16(1) above;

• “supply” includes supply by way of lease or hire, and “acquire” shall be construed accordingly;

• “trade association” means a body of persons (whether incorporated or not) which is formed for the purpose of furthering the trade interests of its members, or of persons represented by its members.

(2) For the purposes of—

(a) sections 6 to 9 above, and Schedule 3 to this Act except for paragraph 5(4) to (8) of that Schedule;

(b) Part III of this Act except as is provided by section 19(2) above;

any two or more interconnected bodies corporate, or any two or more individuals carrying on business in partnership with each other, shall be treated as a single person.

(3) This Act applies to the construction or carrying out of buildings, structures and other works by contractors, as it applies to the supply of goods, and for the purposes of this Act any buildings, structures or other works so constructed or carried out shall be deemed to be delivered at the place where they are constructed or carried out.

(4) For the purposes of this Act a person shall not be deemed to carry on a business within the United Kingdom by reason only of the fact that he is represented for the purposes of that business by an agent within the United Kingdom.

(5) Any reference in this Act to any other enactment is a reference to that enactment as amended, or extended or applied by or under any other enactment, including this Act

Textual Amendments

F1 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F2 Words substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II

F3 S. 43(1): definition of “non-notifiable agreement” inserted (3.1.1995) by 1994 c. 40, ss. 10(3), 82(2)(a)(which s. 10 itself is prospectively repealed by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 19(1), Sch. 14 Pt. I)

Modifications etc. (not altering text)

C1 Definition of “trade association” restricted (retrospectively) by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34, SIF 2:1), s. 45(1)

Marginal Citations

M1 1973 c. 41.

M2 1968 c. 55.

M3 1969 c. 24 (N.I.)