Competition Act 1998

Section 3(1)(b).

SCHEDULE 2 U.K. Exclusions: Other Competition Scrutiny

Part I U.K. Financial Services

F1 ... U.K.

Textual Amendments

F1 Sch. 2 para. 1 and cross-heading repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F1 1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 Part II U.K. Companies

Textual Amendments

F2 Sch. 2 Pt. 2 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 49(2) (with reg. 6(2))

The Companies Act 1989 (c.40) U.K.

2 (1) The Companies Act 1989 is amended as follows. U.K.

(2) In Schedule 14, for paragraph 9 (exclusion of certain agreements from the M1 Restrictive Trade Practices Act 1976), substitute—

“ The Competition Act 1998 U.K.

9 (1) The Chapter I prohibition does not apply to an agreement for the constitution of a recognised supervisory or qualifying body to the extent to which it relates to—

(a) rules of, or guidance issued by, the body; and

(b) incidental matters connected with the rules or guidance.

(2) The Chapter I prohibition does not apply to an agreement the parties to which consist of or include—

(a) a recognised supervisory or qualifying body, or

(b) any person mentioned in paragraph 3(5) or (6) above,

to the extent to which the agreement consists of provisions the inclusion of which in the agreement is required or contemplated by the rules or guidance of that body.

(3) The Chapter I prohibition does not apply to the practices mentioned in paragraph 3(4)(a) and (b) above.

(4) Where a recognition order is revoked, sub-paragraphs (1) to (3) above are to continue to apply for a period of six months beginning with the day on which the revocation takes effect, as if the order were still in force.

(5) In this paragraph—

(a) “the Chapter I prohibition” means the prohibition imposed by section 2(1) of the Competition Act 1998,

(b) references to an agreement are to be read as applying equally to, or in relation to, a decision or concerted practice,

and expressions used in this paragraph which are also used in Part I of the Competition Act 1998 are to be interpreted in the same way as for the purposes of that Part of that Act.

(6) In the application of this paragraph to decisions and concerted practices, references to provisions of an agreement are to be read as references to elements of a decision or concerted practice.”

Marginal Citations

M1 1976 c. 34.

The Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5)) U.K.

F3 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F3 Sch. 2 para. 3 repealed (1.1.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), s. 65(1), Sch. 8; S.I. 2004/3322, art. 2(1), Sch. 1

Part III U.K. Broadcasting

The Broadcasting Act 1990 (c.42) U.K.

4 (1) The Broadcasting Act 1990 is amended as follows. U.K.

(2) In section 194A (which modifies the M2 Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision), for subsections (2) to (6), substitute—

“(2) If, having sought the advice of the Director, it appears to the Secretary of State, in relation to some or all of the provisions of a relevant agreement, that the conditions mentioned in subsection (3) are satisfied, he may make a declaration to that effect.

(3) The conditions are that—

(a) the provisions in question do not have, and are not intended or likely to have, to any significant extent the effect of restricting, distorting or preventing competition; or

(b) the effect of restricting, distorting or preventing competition which the provisions in question do have or are intended or are likely to have, is not greater than is necessary—

(i) in the case of a relevant agreement falling within subsection (1)(a), for securing the appointment by holders of regional Channel 3 licences of a single body corporate to be the appointed news provider for the purposes of section 31(2), or

(ii) in the case of a relevant agreement falling within subsection (1)(b), for compliance by them with conditions included in their licences by virtue of section 31(1) and (2).

(4) If the Secretary of State makes a declaration under this section, the Chapter I prohibition does not apply to the agreement to the extent to which the agreement consists of provisions to which the declaration relates.

(5) If the Secretary of State is satisfied that there has been a material change of circumstances, he may—

(a) revoke a declaration made under this section, if he considers that the grounds on which it was made no longer exist;

(b) vary such a declaration, if he considers that there are grounds for making a different declaration; or

(c) make a declaration, even though he has notified the Director of his intention not to do so.

(6) If the Secretary of State makes, varies or revokes a declaration under this section, he must notify the Director of his decision.

(7) The Director may not exercise any Chapter III powers in respect of a relevant agreement, unless—

(a) he has notified the Secretary of State of his intention to do so; and

(b) the Secretary of State—

(i) has notified the Director that he has not made a declaration in respect of the agreement, or provisions of the agreement, under this section and that he does not intend to make such a declaration; or

(ii) has revoked a declaration under this section and a period of six months beginning with the date on which the revocation took effect has expired.

(8) If the Director proposes to exercise any Chapter III powers in respect of a relevant agreement, he must give the Secretary of State particulars of the agreement and such other information—

(a) as he considers will assist the Secretary of State to decide whether to exercise his powers under this section; or

(b) as the Secretary of State may request.

(9) In this section—

• “the Chapter I prohibition” means the prohibition imposed by section 2(1) of the Competition Act 1998;

• “Chapter III powers” means the powers given to the Director by Chapter III of Part I of that Act so far as they relate to the Chapter I prohibition;

• “Director” means the Director General of Fair Trading;

• “regional Channel 3 licence” has the same meaning as in Part I;

and expressions used in this section which are also used in Part I of the Competition Act 1998 are to be interpreted in the same way as for the purposes of that Part of that Act.

(10) In this section references to an agreement are to be read as applying equally to, or in relation to, a decision or concerted practice.

(11) In the application of this section to decisions and concerted practices, references to provisions of an agreement are to be read as references to elements of a decision or concerted practice.”

Marginal Citations

M2 1976 c. 34.

Networking arrangements under the Broadcasting Act 1990 (c.42) U.K.

5 [F4 (1) The Chapter I prohibition does not apply in respect of any networking arrangements to the extent that they— U.K.

(a) have been approved for the purposes of licence conditions imposed under section 291 of the Communications Act 2003; or

(b) are arrangements that have been considered under Schedule 4 to the Broadcasting Act 1990 and fall to be treated as so approved;

nor does that prohibition apply in respect of things done with a view to arrangements being entered into or approved to the extent that those things have effect for purposes that are directly related to, and necessary for compliance with, conditions so imposed.]

(2) [F5 OFCOM] must publish a list of the networking arrangements which in their opinion are excluded from the Chapter I prohibition by virtue of sub-paragraph (1).

(3) [F6 OFCOM] must—

(a) consult the Director before publishing the list, and

(b) publish the list in such a way as they think most suitable for bringing it to the attention of persons who, in their opinion, would be affected by, or likely to have an interest in, it.

[F7 (4) In this paragraph “networking arrangements” has the same meaning as in Part 3 of the Communications Act 2003.]

Textual Amendments

F4 Sch. 2 para. 5(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 291(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 Words in Sch. 2 para. 5(2) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(6)(a), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F6 Words in Sch. 2 para. 5(3) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(6)(b), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F7 Sch. 2 para. 5(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 291(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F8 Part IV U.K. Environmental Protection

Textual Amendments

F8 Sch. 2 Pt. 4 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 49(3) (with reg. 6(2))

Producer responsibility obligations U.K.

6 (1) The M3 Environment Act 1995 is amended as follows. U.K.

(2) In section 94(1) (supplementary provisions about regulations imposing producer responsibility obligations on prescribed persons), after paragraph (o), insert—

“(oa) the exclusion or modification of any provision of Part I of the Competition Act 1998 in relation to exemption schemes or in relation to any agreement, decision or concerted practice at least one of the parties to which is an operator of an exemption scheme;”.

(3) After section 94(6), insert—

“(6A) Expressions used in paragraph (oa) of subsection (1) above which are also used in Part I of the Competition Act 1998 are to be interpreted in the same way as for the purposes of that Part of that Act.”

(4) After section 94, insert—

94A “ Producer responsibility: competition matters.

(1) For the purposes of this section, the relevant paragraphs are paragraphs (n), (o), (oa) and (ya) of section 94(1) above.

(2) Regulations made by virtue of any of the relevant paragraphs may include transitional provision in respect of agreements or exemption schemes—

(a) in respect of which information has been required for the purposes of competition scrutiny under any regulation made by virtue of paragraph (ya);

(b) which are being, or have been, considered for the purposes of competition scrutiny under any regulation made by virtue of paragraph (n) or (ya); or

(c) in respect of which provisions of the M4 Restrictive Trade Practices Acts 1976 and M5 1977 have been modified or excluded in accordance with any regulation made by virtue of paragraph (o).

(3) Subsections (2), (3), (5) to (7) and (10) of section 93 above do not apply to a statutory instrument which contains only regulations made by virtue of any of the relevant paragraphs or subsection (2) above.

(4) Such a statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”]

Marginal Citations

M3 1995 c. 25.

M4 1976 c. 34.

M5 1977 c. 19.