New Roads and Street Works Act 1991

10 Application of enactments relating to monopolies, &c

(1) For the purposes of—

(a) the [1973 c. 41.] Fair Trading Act 1973,

(b) the provisions of the [1980 c. 21.] Competition Act 1980 relating to anti-competitive practices, and

(c) the provisions of the [1976 c. 34.] Restrictive Trade Practices Act 1976 relating to restrictive agreements,

a person authorised by a toll order to charge tolls shall be deemed to supply a service, namely, providing the facility to use the road in return for the toll charged.

(2) Where the toll charged is subject to a maximum specified by the toll order, the [1973 c. 41.] Fair Trading Act 1973 has effect—

(a) as if the service deemed by subsection (1) above to be supplied were among those listed in Part I of Schedule 7 to that Act (services excluded from Director’s power to make monopoly reference), and

(b) as if, in relation to any such service, the Secretary of State for Transport were among the Ministers listed in section 51(3) of that Act (Ministers whose concurrence is required for monopoly reference by the Secretary of State).

(3) The [1976 c. 34.] Restrictive Trade Practices Act 1976 has effect in relation to any agreement which—

(a) was made before the date on which this section comes into force, and

(b) becomes subject to registration under that Act on that date by virtue of the effect which an order under section 11 of that Act has as a result of the coming into force of this section,

as if the agreement had become subject to registration by virtue of an order under that section coming into force on that date.

In this subsection “agreement” has the same meaning as in that Act.