Competition Act 1998

SCHEDULES

Sections 3(1)(a) and 19(1)(a).

SCHEDULE 1U.K. Exclusions: Mergers and Concentrations

Part IU.K. Mergers

Enterprises ceasing to be distinct: the Chapter I prohibitionU.K.

1(1)To the extent to which an agreement (either on its own or when taken together with another agreement) results, or if carried out would result, in any two enterprises ceasing to be distinct enterprises for the purposes of [F1Part V of the M1Fair Trading Act 1973 (“the 1973 Act”)] [F1Part 3 of the Enterprise Act 2002 (“the 2002 Act”)], the Chapter I prohibition does not apply to the agreement.U.K.

(2)The exclusion provided by sub-paragraph (1) extends to any provision directly related and necessary to the implementation of the merger provisions.

(3)In sub-paragraph (2) “merger provisions” means the provisions of the agreement which cause, or if carried out would cause, the agreement to have the result mentioned in sub-paragraph (1).

(4)[F2Section 65 of the 1973 Act] [F2Section 26 of the 2002 Act] applies for the purposes of this paragraph as if—

(a)in subsection (3) (circumstances in which a person or group of persons may be treated as having control of an enterprise), and

(b)in subsection (4) (circumstances in which a person or group of persons may be treated as bringing an enterprise under their control),

for “may” there were substituted “ must ”.

Textual Amendments

F1Words in Sch. 1 para. 1(1) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(a)(i); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)

F2Words in Sch. 1 para. 1(4) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(a)(ii); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)

Marginal Citations

Enterprises ceasing to be distinct: the Chapter II prohibitionU.K.

2(1)To the extent to which conduct (either on its own or when taken together with other conduct)—U.K.

(a)results in any two enterprises ceasing to be distinct enterprises for the purposes of [F3Part V of the 1973 Act] [F3Part 3 of the 2002 Act]), or

(b)is directly related and necessary to the attainment of the result mentioned in paragraph (a),

the Chapter II prohibition does not apply to that conduct.

(2)[F4Section 65 of the 1973 Act] [F4Section 26 of the 2002 Act] applies for the purposes of this paragraph as it applies for the purposes of paragraph 1.

Textual Amendments

F3Words in Sch. 1 para. 2(1)(a) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(b)(i); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)

F4Words in Sch. 1 para. 2(2) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(b)(ii); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)

Transfer of a newspaper or of newspaper assetsU.K.

F53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 1 para. 3 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Withdrawal of the paragraph 1 exclusionU.K.

4(1)The exclusion provided by paragraph 1 does not apply to a particular agreement if the [F6CMA] gives a direction under this paragraph to that effect.U.K.

(2)If the [F6CMA] is considering whether to give a direction under this paragraph, [F7it] may by notice in writing require any party to the agreement in question to give [F7the [F6CMA]] such information in connection with the agreement as [F7it] may require.

(3)The [F6CMA] may give a direction under this paragraph only as provided in sub-paragraph (4) or (5).

(4)If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (2), the [F6CMA] may give a direction under this paragraph.

(5)The [F6CMA] may also give a direction under this paragraph if—

[F8(a)it considers that the agreement will, if not excluded, infringe the Chapter I prohibition; and]

(b)the agreement is not a protected agreement.

(6)[F9For the purposes of sub-paragraph (5), an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).]

(7)A direction under this paragraph—

(a)must be in writing;

(b)may be made so as to have effect from a date specified in the direction (which may not be earlier than the date on which it is given).

Textual Amendments

F6Words in Sch. 1 para. 4(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 53(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7Words in Sch. 1 para. 4(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(c)(ii); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Modifications etc. (not altering text)

C1Sch. 1 para. 4 applied (1.3.2000) by S.I. 2000/310, art. 7

Protected agreementsU.K.

5U.K.An agreement is a protected agreement for the purposes of paragraph 4 if—

[F10(a)the [F11CMA] or (as the case may be) the Secretary of State has published its or his decision not to make a reference F12... under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement;

(b)the [F11CMA] or (as the case may be) the Secretary of State has made a reference F12... under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement and [F13the CMA] has found that the agreement has given rise to, or would if carried out give rise to, a relevant merger situation or (as the case may be) a special merger situation;

(c)the agreement does not fall within paragraph (a) or (b) but has given rise to, or would if carried out give rise to, enterprises to which it relates being regarded under section 26 of the 2002 Act as ceasing to be distinct enterprises (otherwise than as the result of subsection (3) or (4)(b) of that section); or

(d)the [F11CMA] has made a reference F12... under section 32 of the Water Industry Act 1991 in connection with the agreement and [F13the CMA] has found that the agreement has given rise to, or would if carried out give rise to, a merger of any two or more water enterprises of the kind to which that section applies.]

Textual Amendments

F10Sch. 1 para. 5(a)(d) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(d); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(4) 8)

Modifications etc. (not altering text)

F14Part IIU.K. Concentrations subject to EC controls

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 3(1)(b).

SCHEDULE 2U.K. Exclusions: Other Competition Scrutiny

Part IU.K. Financial Services

F15...U.K.

Textual Amendments

F15Sch. 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.

1(1)The Financial Services Act 1986 is amended as follows.U.K.

(2)For section 125 (effect of the M2Restrictive Trade Practices Act 1976), substitute—

“125 The Competition Act 1998: Chapter I prohibition.

(1)The Chapter I prohibition does not apply to an agreement for the constitution of—

(a)a recognised self-regulating organisation,

(b)a recognised investment exchange, or

(c)a recognised clearing house,

to the extent to which the agreement relates to the regulating provisions of the body concerned.

(2)Subject to subsection (3) below, the Chapter I prohibition does not apply to an agreement for the constitution of—

(a)a self-regulating organisation,

(b)an investment exchange, or

(c)a clearing house,

to the extent to which the agreement relates to the regulating provisions of the body concerned.

(3)The exclusion provided by subsection (2) above applies only if—

(a)the body has applied for a recognition order in accordance with the provisions of this Act; and

(b)the application has not been determined.

(4)The Chapter I prohibition does not apply to a decision made by—

(a)a recognised self-regulating organisation,

(b)a recognised investment exchange, or

(c)a recognised clearing house,

to the extent to which the decision relates to any of that body’s regulating provisions or specified practices.

(5)The Chapter I prohibition does not apply to the specified practices of—

(a)a recognised self-regulating organisation, a recognised investment exchange or a recognised clearing house; or

(b)a person who is subject to—

(i)the rules of one of those bodies, or

(ii)the statements of principle, rules, regulations or codes of practice made by a designated agency in the exercise of functions transferred to it by a delegation order.

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

(a)a recognised self-regulating organisation, a recognised investment exchange or a recognised clearing house; or

(b)a person who is subject to—

(i)the rules of one of those bodies, or

(ii)the statements of principle, rules, regulations or codes of practice made by a designated agency in the exercise of functions transferred to it by a delegation order,

to the extent to which the agreement consists of provisions the inclusion of which is required or contemplated by any of the body’s regulating provisions or specified practices or by the statements of principle, rules, regulations or codes of practice of the agency.

(7)The Chapter I prohibition does not apply to—

(a)any clearing arrangements; or

(b)any agreement between a recognised investment exchange and a recognised clearing house, to the extent to which the agreement consists of provisions the inclusion of which in the agreement is required or contemplated by any clearing arrangements.

(8)If the recognition order in respect of a body of the kind mentioned in subsection (1)(a), (b) or (c) above is revoked, subsections (1) and (4) to (7) above are to have effect as if that body had continued to be recognised until the end of the period of six months beginning with the day on which the revocation took effect.

(9)In this section—

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

  • “regulating provisions” means—

    (a)

    in relation to a self-regulating organisation, any rules made, or guidance issued, by the organisation;

    (b)

    in relation to an investment exchange, any rules made, or guidance issued, by the exchange;

    (c)

    in relation to a clearing house, any rules made, or guidance issued, by the clearing house;

  • “specified practices” means—

    (a)

    in the case of a recognised self-regulating organisation, the practices mentioned in section 119(2)(a)(ii) and (iii) above (read with section 119(5) and (6)(a));

    (b)

    in the case of a recognised investment exchange, the practices mentioned in section 119(2)(b)(ii) and (iii) above (read with section 119(5) and (6)(b));

    (c)

    in the case of a recognised clearing house, the practices mentioned in section 119(2)(c)(ii) and (iii) above (read with section 119(5) and (6)(b));

    (d)

    in the case of a person who is subject to the statements of principle, rules, regulations or codes of practice issued or made by a designated agency in the exercise of functions transferred to it by a delegation order, the practices mentioned in section 121(2)(c) above (read with section 121(4));

    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.”

(3)Omit section 126 (certain practices not to constitute anti-competitive practices for the purposes of the M3Competition Act 1980).

(4)For section 127 (modification of statutory provisions in relation to recognised professional bodies), substitute—

“127 Application of Competition Act 1998 in relation to recognised professional bodies: Chapter I prohibition.

(1)This section applies to—

(a)any agreement for the constitution of a recognised professional body to the extent to which it relates to the rules or guidance of that body relating to the carrying on of investment business by persons certified by it (“investment business rules”); and

(b)any other agreement, the parties to which consist of or include—

(i)a recognised professional body,

(ii)a person certified by such a body, or

(iii)a member of such a body,

and which contains a provision required or contemplated by that body’s investment business rules.

(2)If it appears to the Treasury, in relation to some or all of the provisions of an agreement to which this section applies—

(a)that 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)that 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 for the protection of investors,

the Treasury may make a declaration to that effect.

(3)If the Treasury make 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.

(4)If the Treasury are satisfied that there has been a material change of circumstances, they may—

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

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

(c)make a declaration even though they have notified the Director of their intention not to do so.

(5)If the Treasury make, vary or revoke a declaration under this section they must notify the Director of their decision.

(6)If the Director proposes to exercise any Chapter III powers in respect of any provisions of an agreement to which this section applies, he must—

(a)notify the Treasury of his intention to do so; and

(b)give the Treasury particulars of the agreement and such other information—

(i)as he considers will assist the Treasury to decide whether to exercise their powers under this section; or

(ii)as the Treasury may request.

(7)The Director may not exercise his Chapter III powers in respect of any provisions of an agreement to which this section applies, unless the Treasury—

(a)have notified him that they have not made a declaration in respect of those provisions under this section and that they do not intend to make such a declaration; or

(b)have 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)A declaration under this section ceases to have effect if the agreement to which it relates ceases to be one to which this section applies.

(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, 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

[F16Part IIU.K. Companies

Textual Amendments

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 M4Restrictive Trade Practices Act 1976), substitute—

“ The Competition Act 1998U.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

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

F173U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Part IIIU.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 M5Restrictive 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

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

5[F18(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)[F19OFCOM] 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)[F20OFCOM] must—

(a)consult the [F21CMA] 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.

[F22(4)In this paragraph “networking arrangements” has the same meaning as in Part 3 of the Communications Act 2003.]

Textual Amendments

F18Sch. 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)

F19Words 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)

F20Words 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)

F21Word in Sch. 2 para. 5(3)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 54 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F22Sch. 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)

[F23Part IVU.K. Environmental Protection

Textual Amendments

Producer responsibility obligationsU.K.

6(1)The M6Environment 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 M7Restrictive Trade Practices Acts 1976 and M81977 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

Sections 3(1)(c) and 19(1)(b).

SCHEDULE 3U.K. General Exclusions

Planning obligationsU.K.

1(1)The Chapter I prohibition does not apply to an agreement—U.K.

(a)to the extent to which it is a planning obligation;

(b)which is made under section 75 (agreements regulating development or use of land) or 246 (agreements relating to Crown land) of the M9Town and Country Planning (Scotland) Act 1997; or

(c)which is made under [F24Article 40 of the M10Planning (Northern Ireland) Order 1991] [F24section 76 of the Planning Act (Northern Ireland) 2011] .

(2)In sub-paragraph (1)(a), “planning obligation” means—

(a)a planning obligation for the purposes of section 106 of the M11Town and Country Planning Act 1990; or

(b)a planning obligation for the purposes of section 299A of that Act.

Textual Amendments

F24Words in Sch. 3 para. 1(1)(c) substituted (N.I.) (13.2.2015 for specified purposes, 1.4.2015 so far as not already in force) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 89 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2)

Marginal Citations

Section 21(2) agreementsU.K.

2[F25(1)The Chapter I prohibition does not apply to an agreement in respect of which a direction under section 21(2) of the M12Restrictive Trade Practices Act 1976 is in force immediately before the coming into force of section 2 (“a section 21(2) agreement”).U.K.

(2)If a material variation is made to a section 21(2) agreement, sub-paragraph (1) ceases to apply to the agreement on the coming into force of the variation.

(3)Sub-paragraph (1) does not apply to a particular section 21(2) agreement if the [F26OFT] gives a direction under this paragraph to that effect.

(4)If the [F26OFT] is considering whether to give a direction under this paragraph, [F27it] may by notice in writing require any party to the agreement in question to give [F27the OFT] such information in connection with the agreement as [F27it] may require.

(5)The [F26OFT] may give a direction under this paragraph only as provided in sub-paragraph (6) or (7).

(6)If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (4), the [F26OFT] may give a direction under this paragraph.

(7)The [F26OFT] may also give a direction under this paragraph [F28if it] considers—

(a)that the agreement will, if not excluded, infringe the Chapter I prohibition; and

(b)that [F28the OFT is]not likely to grant it an unconditional individual exemption.

(8)For the purposes of sub-paragraph (7) an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).

(9)A direction under this paragraph—

(a)must be in writing;

(b)may be made so as to have effect from a date specified in the direction (which may not be earlier than the date on which it is given).]

Textual Amendments

F26Word in Sch. 3 para. 2 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(a)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F27Words in Sch. 3 para. 2(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(a)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F28Words in Sch. 3 para. 2(7) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(a)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Marginal Citations

F29...U.K.

Textual Amendments

F293U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Services of general economic interest etc.U.K.

4U.K.Neither the Chapter I prohibition nor the Chapter II prohibition applies to an undertaking entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly in so far as the prohibition would obstruct the performance, in law or in fact, of the particular tasks assigned to that undertaking.

Compliance with legal requirementsU.K.

5(1)The Chapter I prohibition does not apply to an agreement to the extent to which it is made in order to comply with a legal requirement.U.K.

(2)The Chapter II prohibition does not apply to conduct to the extent to which it is engaged in an order to comply with a legal requirement.

(3)In this paragraph “legal requirement” means a requirement—

(a)imposed by or under any enactment in force in the United Kingdom;

[F30(b)imposed by or under the EU withdrawal agreement or the EEA EFTA separation agreement and having legal effect in the United Kingdom without further enactment (and in this paragraph, “EEA EFTA separation agreement” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act)).]

F31(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Sch. 3 para. 5(3)(b) substituted (31.12.2020) by S.I. 2019/93, reg. 29(3)(a) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 6)

F31Sch. 3 para. 5(3)(c) omitted (31.12.2020) by virtue of S.I. 2019/93, reg. 29(3)(b) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 6)

Avoidance of conflict with international obligationsU.K.

6(1)If the Secretary of State is satisfied that, in order to avoid a conflict between provisions of this Part and an international obligation of the United Kingdom, it would be appropriate for the Chapter I prohibition not to apply to—U.K.

(a)a particular agreement, or

(b)any agreement of a particular description,

he may by order exclude the agreement, or agreements of that description, from the Chapter I prohibition.

(2)An order under sub-paragraph (1) may make provision for the exclusion of the agreement or agreements to which the order applies, or of such of them as may be specified, only in specified circumstances.

(3)An order under sub-paragraph (1) may also provide that the Chapter I prohibition is to be deemed never to have applied in relation to the agreement or agreements, or in relation to such of them as may be specified.

(4)If the Secretary of State is satisfied that, in order to avoid a conflict between provisions of this Part and an international obligation of the United Kingdom, it would be appropriate for the Chapter II prohibition not to apply in particular circumstances, he may by order provide for it not to apply in such circumstances as may be specified.

(5)An order under sub-paragraph (4) may provide that the Chapter II prohibition is to be deemed never to have applied in relation to specified conduct.

(6)An international arrangement relating to civil aviation and designated by an order made by the Secretary of State is to be treated as an international obligation for the purposes of this paragraph.

(7)In this paragraph and paragraph 7 “specified” means specified in the order.

Public policyU.K.

7(1)If the Secretary of State is satisfied that there are exceptional and compelling reasons of public policy why the Chapter I prohibition ought not to apply to—U.K.

(a)a particular agreement, or

(b)any agreement of a particular description,

he may by order exclude the agreement, or agreements of that description, from the Chapter I prohibition.

(2)An order under sub-paragraph (1) may make provision for the exclusion of the agreement or agreements to which the order applies, or of such of them as may be specified, only in specified circumstances.

(3)An order under sub-paragraph (1) may also provide that the Chapter I prohibition is to be deemed never to have applied in relation to the agreement or agreements, or in relation to such of them as may be specified.

(4)If the Secretary of State is satisfied that there are exceptional and compelling reasons of public policy why the Chapter II prohibition ought not to apply in particular circumstances, he may by order provide for it not to apply in such circumstances as may be specified.

(5)An order under sub-paragraph (4) may provide that the Chapter II prohibition is to be deemed never to have applied in relation to specified conduct.

Coal and steelU.K.

8(1)The Chapter I prohibition does not apply to an agreement which relates to a coal or steel product to the extent to which the ECSC Treaty gives the Commission exclusive jurisdiction in the matter.U.K.

(2)Sub-paragraph (1) ceases to have effect on the date on which the ECSC Treaty expires (“the expiry date”).

(3)The Chapter II prohibition does not apply to conduct which relates to a coal or steel product to the extent to which the ECSC Treaty gives the Commission exclusive jurisdiction in the matter.

(4)Sub-paragraph (3) ceases to have effect on the expiry date.

(5)In this paragraph—

  • “coal or steel product” means any product of a kind listed in Annex I to the ECSC Treaty; and

  • “ECSC Treaty” means the Treaty establishing the European Coal and Steel Community.

Agricultural productsU.K.

9(1)[F32The Chapter I prohibition does not apply to an agreement to the extent to which it relates to production of or trade in an agricultural product and—U.K.

(a)forms an integral part of a national market organisation;

(b)is necessary for the attainment of the objectives set out in [F33Article 39 of the Treaty on the Functioning of the European Union] of the Treaty; or

(c)is an agreement of farmers or farmers’ associations (or associations of such associations) belonging to a single member State which concerns—

(i)the production or sale of agricultural products, or

(ii)the use of joint facilities for the storage, treatment or processing of agricultural products,

and under which there is no obligation to charge identical prices.]

[F32The Chapter 1 prohibition does not apply to an agreement to the extent that it is an agreement between the members of—

(a)a recognised producer organisation (“PO”), or

(b)a recognised association of producer organisations (“APO”),

for the PO or APO (as the case may be) to carry out one or more of the activities mentioned in sub-paragraph (1A) on behalf of its members (for all or part of their total production), provided that Conditions A and B are also met.]

[F32(1A)The activities are—

(a)planning production;

(b)optimising production costs;

(c)concentrating supply;

(d)placing products on the market;

(e)negotiating supply contracts.]

[F32(1B)Condition A is that—

(a)in the case of a PO, the PO concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the PO, or

(b)in the case of an APO, the APO concentrates supply and places the products of the members of the POs it represents on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the APO or to any of the POs the APO represents.]

[F32(1C)Condition B is that—

(a)in the case of a PO, none of the producers concerned are members of any other PO as regards the products covered by the activities mentioned in sub-paragraph (1A) to which the agreement relates, or

(b)in the case of an APO, none of the producers concerned are members of a PO that is a member of any other APO as regards the products covered by the activities mentioned in sub-paragraph (1A) to which the agreement relates.]

[F32(1D)But the Secretary of State may decide that the RPO exclusion applies if Condition B is not met, if—

(a)every producer which is a member of more than one PO holds distinct production units located in different geographical areas, and

(b)the Secretary of State considers that it is appropriate in all the circumstances for the RPO exclusion to apply.]

[F32(1E)If the Secretary of State is considering whether to make a decision under sub-paragraph (1D), the Secretary of State may by notice in writing require any party to the agreement in question to give the Secretary of State such information in connection with the agreement as the Secretary of State may require.]

(2)[F34If the Commission determines that an agreement does not fulfil the conditions specified by the provision for agricultural products for exclusion from [F35Article 101(1)], the exclusion provided by this paragraph (“the agriculture exclusion”) is to be treated as ceasing to apply to the agreement on the date of the decision.]

(3)The [F36agriculture exclusion] [F36RPO exclusion] does not apply to a particular agreement if the [F37CMA] gives a direction under this paragraph to that effect.

(4)If the [F37CMA] is considering whether to give a direction under this paragraph, [F38it] may by notice in writing require any party to the agreement in question to give the [F37CMA] such information in connection with the agreement as [F38it] may require.

(5)The [F37CMA] may give a direction under this paragraph only as provided in sub-paragraph (6) or (7).

(6)If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (4), the [F37CMA] may give a direction under this paragraph.

(7)The [F37CMA] may also give a direction under this paragraph if [F39it] considers that an agreement (whether or not [F39it] considers that it infringes the Chapter I prohibition) is likely, or is intended, substantially and unjustifiably to prevent, restrict or distort competition in relation to an agricultural product.

(8)A direction under this paragraph—

(a)must be in writing;

(b)may be made so as to have effect from a date specified in the direction (which may not be earlier than the date on which it is given).

(9)[F40In this paragraph—

  • “agricultural product” means any product of a kind listed in [F41Annex I] to the Treaty; and

  • “provision for agricultural products” means Council Regulation (EEC) No. 26/62 of 4th April 1962 applying certain rules of competition to production of and trade in agricultural products.]

[F40In this paragraph—

  • “agricultural product” means a product that falls within a sector mentioned in Schedule 1 to the Agriculture Act 2020;

  • “recognised association of producer organisations” means an association recognised under section 30 of that Act;

  • “recognised producer organisation” means a producer organisation recognised under section 30 of that Act.]

Textual Amendments

F34Sch. 3 para. 9(2) omitted (11.11.2020 for specified purposes) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(b), Sch. 2 para. 2(3)

F36Words in Sch. 3 para. 9(3) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(b), Sch. 2 para. 2(4)

F37Word in Sch. 3 para. 9(3)-(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 55(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F38Words in Sch. 3 para. 9(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(b)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F39Words in Sch. 3 para. 9(7) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(b)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Modifications etc. (not altering text)

[F4210(1)The Chapter 1 prohibition does not apply to an agreement to the extent that it is an agreement between the members of a recognised interbranch organisation that has the object of carrying out one or more specified activities, provided that the condition in sub-paragraph (2) is also met.U.K.

This exclusion is referred to in this paragraph as the “RIBO exclusion”.

(2)The condition in this sub-paragraph is that the organisation has notified the agreement to the CMA and provided all further details required by the CMA, and—

(a)the CMA has decided that it is appropriate for the RIBO exclusion to apply, or

(b)within two months of the CMA receiving all the details it requires, the CMA has not decided that it is inappropriate for the RIBO exclusion to apply.

(3)In deciding whether it is appropriate for the RIBO exclusion to apply, the CMA must consider whether the benefit of the agreement to the specified activities of the recognised interbranch organisation outweighs any prevention, restriction or distortion of competition within the United Kingdom as a result of the agreement.

(4)The CMA may at any time give a direction to the effect that the RIBO exclusion no longer applies to a particular agreement.

(5)Sub-paragraphs (4) to (8) of paragraph 9 apply to a direction under this paragraph as they apply to a direction under paragraph 9.

(6)In this paragraph—

  • “recognised interbranch organisation” means an organisation of agricultural businesses recognised under section 30 of the Agriculture Act 2020;

  • “specified activities” means the activities specified in regulations under section 30(6)(e) of that Act.]

Textual Amendments

Section 3(1)(d).

F43SCHEDULE 4U.K. Professional Rules

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43Sch. 4 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 207, 279, Sch. 26 (with Sch. 24 paras. 2022); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Section 12(2).

[F44SCHEDULE 5U.K. Notification under Chapter I: Procedure

Textual Amendments

Modifications etc. (not altering text)

C6Sch. 5 applied (with modifications) (1.3.2000) by S.I. 2000/263, art. 8

Commencement Information

I1Sch. 5 partly in force; Sch. 5 not in force at Royal Assent, see s. 431; Sch. 5 partly in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Terms usedU.K.

1U.K.In this Schedule—

  • “applicant” means the person making an application to which this Schedule applies;

  • “application” means an application under section 13 or an application under section 14;

  • “application for guidance” means an application under section 13;

  • “application for a decision” means an application under section 14;

  • “rules” means rules made by the [F45OFT] under section 51; and

  • “specified” means specified in the rules.

Textual Amendments

F45Words in Sch. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

General rules about applicationsU.K.

2(1)An application must be made in accordance with rules.U.K.

(2)A party to an agreement who makes an application must take all reasonable steps to notify all other parties to the agreement of whom he is aware—

(a)that the application has been made; and

(b)as to whether it is for guidance or a decision.

(3)Notification under sub-paragraph (2) must be in the specified manner.

Preliminary investigationU.K.

3(1)If, after a preliminary investigation of an application, the [F45OFT] considers that it is likely—U.K.

(a)that the agreement concerned will infringe the Chapter I prohibition, and

(b)that it would not be appropriate to grant the agreement an individual exemption,

[F46it] may make a decision (“a provisional decision”) under this paragraph.

(2)If the [F45OFT] makes a provisional decision—

(a)the [F45OFT] must notify the applicant in writing of [F46its] provisional decision; and

(b)section 13(4) or (as the case may be) section 14(4) is to be taken as never having applied.

(3)When making a provisional decision, the [F45OFT] must follow such procedure as may be specified.

(4)A provisional decision does not affect the final determination of an application.

(5)If the [F45OFT] has given notice to the applicant under sub-paragraph (2) in respect of an application for a decision, he may continue with the application under section 14.

Textual Amendments

F45Words in Sch. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F46Words in Sch. 5 para. 3 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Procedure on application for guidanceU.K.

4U.K.When determining an application for guidance, the [F45OFT] must follow such procedure as may be specified.

Textual Amendments

F45Words in Sch. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Procedure on application for a decisionU.K.

5(1)When determining an application for a decision, the [F45OFT] must follow such procedure as may be specified.U.K.

(2)The [F45OFT] must arrange for the application to be published in such a way as [F47it thinks] most suitable for [F48bringing the application] to the attention of those likely to be affected by it, unless [F49the OFT is] satisfied that it will be sufficient F50... to seek information from one or more particular persons other than the applicant.

(3)In determining the application, the [F45OFT] must take into account any representations made to [F51it] by persons other than the applicant.

Textual Amendments

F45Words in Sch. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F47Words in Sch. 5 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(c)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F48Words in Sch. 5 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(c)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F49Words in Sch. 5 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(c)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F50Words in Sch. 5 para. 5(2) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(c)(iv), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F51Word in Sch. 5 para. 5(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Publication of decisionsU.K.

6U.K.If the [F45OFT] determines an application for a decision [F52it] must publish [F52its] decision, together with [F52its] reasons for making it, in such manner as may be specified.

Textual Amendments

F45Words in Sch. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F52Words in Sch. 5 para. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Prospective

Delay by the [F45OFT] U.K.

7(1)This paragraph applies if the court is satisfied, on the application of a person aggrieved by the failure of the [F45OFT] to determine an application for a decision in accordance with the specified procedure, that there has been undue delay on the part of the [F45OFT] in determining the application.U.K.

(2)The court may give such directions to the [F45OFT] as it considers appropriate for securing that the application is determined without unnecessary further delay.]

Section 20(2).

[F53SCHEDULE 6U.K. Notification under Chapter II: Procedure

Textual Amendments

Terms usedU.K.

1U.K.In this Schedule—

  • “applicant” means the person making an application to which this Schedule applies;

  • “application” means an application under section 21 or an application under section 22;

  • “application for guidance” means an application under section 21;

  • “application for a decision” means an application under section 22;

  • “other party”, in relation to conduct of two or more persons, means one of those persons other than the applicant;

  • “rules” means rules made by the [F54OFT] under section 51; and

  • “specified” means specified in the rules.

Textual Amendments

F54Words in Sch. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

General rules about applicationsU.K.

2(1)An application must be made in accordance with rules.U.K.

(2)If the conduct to which an application relates is conduct of two or more persons, the applicant must take all reasonable steps to notify all of the other parties of whom he is aware—

(a)that the application has been made; and

(b)as to whether it is for guidance or a decision.

(3)Notification under sub-paragraph (2) must be in the specified manner.

Modifications etc. (not altering text)

C7Sch. 6 paras. 2-2C amended (1.3.2000) by S.I. 2000/947, art. 6

Preliminary investigationU.K.

3(1)If, after a preliminary investigation of an application, the [F54OFT] considers that it is likely that the conduct concerned will infringe the Chapter II prohibition, [F55it] may make a decision (“a provisional decision”) under this paragraph.U.K.

(2)If the [F54OFT] makes a provisional decision, [F55it] must notify the applicant in writing of that decision.

(3)When making a provisional decision, the [F54OFT] must follow such procedure as may be specified.

(4)A provisional decision does not affect the final determination of an application.

(5)If the [F54OFT] has given notice to the applicant under sub-paragraph (2) in respect of an application for a decision, he may continue with the application under section 22.

Textual Amendments

F54Words in Sch. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F55Word in Sch. 6 para. 3(1)(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Procedure on application for guidanceU.K.

4U.K.When determining an application for guidance, the [F54OFT] must follow such procedure as may be specified.

Textual Amendments

F54Words in Sch. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Procedure on application for a decisionU.K.

5(1)When determining an application for a decision, the [F54OFT] must follow such procedure as may be specified.U.K.

(2)The [F54OFT] must arrange for the application to be published in such a way as [F56it thinks] most suitable for [F57bringing the application] to the attention of those likely to be affected by it, unless [F58the OFT is] satisfied that it will be sufficient F59... to seek information from one or more particular persons other than the applicant.

(3)In determining the application, the [F54OFT] must take into account any representations made to [F60it] by persons other than the applicant.

Textual Amendments

F54Words in Sch. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F56Words in Sch. 6 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(c)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F57Words in Sch. 6 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(c)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F58Words in Sch. 6 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(c)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F59Words in Sch. 6 para. 5(2) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(c)(iv), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F60Word in Sch. 6 para. 5(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Publication of decisionsU.K.

6U.K.If the [F54OFT] determines an application for a decision [F61it] must publish [F61its] decision, together with [F61its] reasons for making it, in such manner as may be specified.

Textual Amendments

F54Words in Sch. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F61Words in Sch. 6 para. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Prospective

Delay by the [F54OFT] U.K.

7(1)This paragraph applies if the court is satisfied, on the application of a person aggrieved by the failure of the [F54OFT] to determine an application for a decision in accordance with the specified procedure, that there has been undue delay on the part of the [F54OFT] in determining the application.U.K.

(2)The court may give such directions to the [F54OFT] as it considers appropriate for securing that the application is determined without unnecessary further delay.]

Section 31A

[F62SCHEDULE 6AU.K.COMMITMENTS

Textual Amendments

PART 1U.K.PROCEDURAL REQUIREMENTS FOR THE ACCEPTANCE AND VARIATION OF COMMITMENTS

1.U.K.Paragraph 2 applies where the [F63CMA] proposes to—

(a)accept any commitments under section 31A; or

(b)accept any variation of such commitments other than a variation which is not material in any respect.

Textual Amendments

2.(1)Before accepting the commitments or variation, the [F64CMA] must—U.K.

(a)give notice under this paragraph; and

(b)consider any representations made in accordance with the notice and not withdrawn.

(2)A notice under this paragraph must state—

(a)that the [F65CMA] proposes to accept the commitments or variation;

(b)the purpose of the commitments or variation and the way in which the commitments or variation would meet the [F66CMA's] competition concerns;

(c)any other facts which the [F65CMA] considers are relevant to the acceptance or variation of the commitments; and

(d)the period within which representations may be made in relation to the proposed commitments or variation.

(3)The period stated for the purposes of sub-paragraph (2)(d) must be at least 11 working days starting with the date the notice is given or, if that date is not a working day, with the date of the first working day after that date.

Textual Amendments

3.(1)The [F67CMA] must not accept the commitments or variation of which notice has been given under paragraph 2(1) with modifications unless it—U.K.

(a)gives notice under this paragraph of the proposed modifications; and

(b)considers any representations made in accordance with the notice and not withdrawn.

(2)A notice under this paragraph must state—

(a)the proposed modifications;

(b)the reasons for them; and

(c)the period within which representations may be made in relation to the proposed modifications.

(3)The period stated for the purposes of sub-paragraph (2)(c) must be at least 6 working days starting with the date the notice is given or, if that date is not a working day, with the date of the first working day after that date.

Textual Amendments

F67Word in Sch. 6A para. 3(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

4.U.K.If, after giving notice under paragraph 2 or 3 the [F68CMA] decides—

(a)not to accept the commitments or variation concerned, and

(b)not to proceed by virtue of paragraph 5 or 6,

the [F68CMA] must give notice that it has so decided.

Textual Amendments

5.U.K.The requirements of paragraph 3 shall not apply if the [F69CMA] —

(a)has already given notice under paragraph 2 but not under paragraph 3; and

(b)considers that the modifications which are now being proposed are not material in any respect.

Textual Amendments

6.U.K.The requirements of paragraph 3 shall not apply if the [F70CMA] —

(a)has already given notices under paragraphs 2 and 3; and

(b)considers that the further modifications which are now being proposed are not material in any respect or do not differ in any material respect from the modifications in relation to which notice was last given under paragraph 3.

Textual Amendments

7.U.K.As soon as practicable after accepting commitments or a variation under section 31A the [F71CMA] must publish the commitments or the variation in such manner as the [F71CMA] considers appropriate.

Textual Amendments

8.U.K.A notice under paragraph 2 or 3 shall be given by—

(a)sending a copy of the notice to such person or persons as the [F72CMA] considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it; or

(b)publishing the notice in such manner as the [F72CMA] considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it.

Textual Amendments

PART 2U.K.PROCEDURAL REQUIREMENTS FOR THE RELEASE OF COMMITMENTS

10.U.K.Paragraph 11 applies where the [F73CMA] proposes to release any commitments under section 31A.

Textual Amendments

11.(1)Before releasing the commitments, the [F74CMA] must—U.K.

(a)give notice under this paragraph;

(b)send a copy of the notice to the person (or persons) who gave the commitments; and

(c)consider any representations made in accordance with the notice and not withdrawn.

(2)A notice under this paragraph must state—

(a)the fact that a release is proposed;

(b)the reasons for it; and

(c)the period within which representations may be made in relation to the proposed release.

(3)The period stated for the purposes of sub-paragraph (2)(c) must be at least 11 working days starting with the date the notice is given or, if that date is not a working day, with the date of the first working day after that date.

Textual Amendments

F74Word in Sch. 6A para. 11(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(11) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

12.U.K.If after giving notice under paragraph 11 the [F75CMA] decides not to proceed with the release, it must—

(a)give notice that it has so decided; and

(b)send a copy of the notice to the person (or persons) who gave the commitments.

Textual Amendments

13.U.K.As soon as practicable after releasing the commitments, the [F76CMA] must—

(a)publish the release in such manner as it considers appropriate; and

(b)send a copy of the release to the person (or persons) who gave the commitments.

Textual Amendments

14.U.K.A notice under paragraph 11 or 12 shall be given by—

(a)sending a copy of the notice to such other person or persons as the [F77CMA] considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it; or

(b)publishing the notice in such manner as the [F77CMA] considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it.]

Textual Amendments

Section 45(7).

F78SCHEDULE 7U.K. The Competition Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79SCHEDULE 7AU.K.the competition commission: procedural rules for mergers and market references etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Sections 46(5) and 48(4).

SCHEDULE 8U.K. Appeals

Part IU.K. General

InterpretationU.K.

F801U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80Sch. 8 para. 1 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(2), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

General procedureU.K.

2(1)An appeal to the [F81Tribunal under section [F8246, 47 or 49D(3)] must be made by sending a notice of appeal to it] within the specified period.U.K.

(2)The notice of appeal must set out the grounds of appeal in sufficient detail to indicate—

(a)under which provision of this Act the appeal is brought;

(b)to what extent (if any) the appellant contends that the decision against, or with respect to which, the appeal is brought was based on an error of fact or was wrong in law; and

(c)to what extent (if any) the appellant is appealing against the [F83[F84CMA's] exercise of its] discretion in making the disputed decision.

(3)The [F85Tribunal] may give an appellant leave to amend the grounds of appeal identified in the notice of appeal.

[F86(4)In this paragraph references to the Tribunal are to the Tribunal as constituted (in accordance with section 14 of the Enterprise Act 2002) for the purposes of the proceedings in question.

(5)Nothing in this paragraph restricts the power under section 15 of the Enterprise Act 2002 (Tribunal rules) to make provision as to the manner of instituting proceedings before the Tribunal.]

Textual Amendments

F81Words in Sch. 8 para. 2(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(3)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F82Words in Sch. 8 para. 2(1) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 17(2); S.I. 2015/1630, art. 3(j)

F83Words in Sch. 8 para. 2(2)(c) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(54)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F84Word in Sch. 8 para. 2(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 57(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F85Word in Sch. 8 para. 2(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(3)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F86Sch. 8 para. 2(4)(5) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(3)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Modifications etc. (not altering text)

C8Sch. 8 para. 2(2) applied (1.3.2000) by S.I. 2000/261, Rule 6

Decisions of the tribunalU.K.

3[F87(A1)This paragraph applies to any appeal under section 46 or 47 other than—U.K.

(a)an appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g) or (h) of that section, and

(b)an appeal under section 47(1)(b) or (c).]

(1)The [F88Tribunal] must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal.

(2)The [F88Tribunal] may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may—

(a)remit the matter to the [F89CMA] ,

(b)impose or revoke, or vary the amount of, a penalty,

(c)[F90grant or cancel an individual exemption or vary any conditions or obligations imposed in relation to the exemption by the [F89CMA] ,]

(d)give such directions, or take such other steps, as the [F89CMA] could [F91itself] have given or taken, or

(e)make any other decision which the [F89CMA] could [F91itself] have made.

(3)Any decision of the [F88Tribunal] on an appeal has the same effect, and may be enforced in the same manner, as a decision of the [F89CMA] .

(4)If the [F88Tribunal] confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.

Textual Amendments

F88Word in Sch. 8 para. 3 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(4), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F89Word in Sch. 8 para. 3(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 57(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F91Word in Sch. 8 para. 3(2)(d)(e) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(54)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

[F923A.(1)This paragraph applies to—U.K.

(a)any appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g) or (h) of that section, and

(b)any appeal under section 47(1)(b) or (c).

(2)The Tribunal must, by reference to the grounds of appeal set out in the notice of appeal, determine the appeal by applying the same principles as would be applied by a court on an application for judicial review.

(3)The Tribunal may—

(a)dismiss the appeal or quash the whole or part of the decision to which it relates; and

(b)where it quashes the whole or part of that decision, remit the matter back to the [F93CMA] with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal.]

Textual Amendments

F93Word in Sch. 8 para. 3A(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 57(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[F943B(1)This paragraph applies to an appeal under section 49D(3).U.K.

(2)The Tribunal must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal.

(3)The Tribunal may—

(a)approve the amount of costs which is the subject of the appeal, or

(b)impose a requirement to pay costs of a different amount.

(4)The Tribunal may also give such directions, or take such other steps, as the CMA could itself have given or taken.

(5)A requirement imposed by the Tribunal under sub-paragraph (3)(b) has the same effect, and may be enforced in the same manner, as a requirement imposed by the CMA under section 49D.]

Textual Amendments

F954U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Part IIU.K. Rules

Registrar of Appeal TribunalsU.K.

F955U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Notice of appealU.K.

F956U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Response to the appealU.K.

F957U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Pre-hearing reviews and preliminary mattersU.K.

F958U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Conduct of the hearingU.K.

F959U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

InterestU.K.

F9510U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

FeesU.K.

F9511U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Withdrawing an appealU.K.

F9512U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Interim ordersU.K.

F9513U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

MiscellaneousU.K.

F9514U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Section 47F

[F96SCHEDULE 8AU.K.Further Provision about Claims in Respect of Loss or Damage Before a Court or the Tribunal

Textual Amendments

Part 1U.K.Interpretation

1.U.K.This Part of this Schedule contains definitions and other provisions about interpretation which apply for the purposes of this Schedule.

Competition law etcU.K.

2.(1)“Competition law” means—

(a)the Chapter I prohibition, [F97and]

(b)the Chapter II prohibition,

F98(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)“Competition claim” means a claim in respect of loss or damage arising from an infringement of competition law (whatever the legal basis of the claim) which is made by or on behalf of—

(a)the person who suffered the loss or damage, or

(b)a person who has acquired that person’s right to make the claim (whether by operation of law or otherwise).

(3)“Competition damages claim” means a competition claim to the extent that it is a claim for damages.

(4)“Competition proceedings” means proceedings before a court or the Tribunal to the extent that they relate to a competition claim.

(5)Where the context requires, references to an infringement of competition law and to loss or damage (however expressed) include an alleged infringement and alleged loss or damage.

Textual Amendments

Competition authority etcU.K.

3.(1)“Competition authority” means—

(a)the CMA, [F100and]

(b)a regulator, so far as it exercises functions under Part 1 of this Act concurrently with the CMA,

F101(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)“Investigation materials”, in relation to a competition authority, means—

(a)information prepared by a person (other than a competition authority) for the purpose of an investigation by the competition authority into an infringement of competition law;

(b)information sent by the competition authority, during the course of such an investigation, to an undertaking which is the subject of the investigation;

(c)a settlement submission which has been withdrawn.

(4)[F104Section 58A(3) applies] for the purposes of determining when a decision of [F105the CMA or a regulator] becomes “final”.

F106(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CartelsU.K.

4.(1)“Cartel” means an agreement or concerted practice between two or more competitors aimed at—

(a)co-ordinating their competitive behaviour in a market, or

(b)otherwise influencing competition in a market,

through practices such as (but not limited to) those listed in sub-paragraph (2).

(2)Those practices are—

(a)fixing or co-ordinating purchase or selling prices or other trading conditions, including in relation to intellectual property rights,

(b)allocating production or sales quotas, and

(c)sharing markets and customers, including bid-rigging, restrictions of imports or exports or anti-competitive actions against other competitors.

(3)“Cartel leniency programme” means a programme operated by a competition authority under which—

(a)an undertaking that has participated in a cartel may provide the competition authority with information about the cartel and the undertaking’s involvement in it, and

(b)if it does so voluntarily and independently of the other cartel members, the competition authority may give the undertaking immunity from, or a reduction in, a financial penalty which would otherwise be payable by the undertaking for its participation in the cartel.

(4)“Cartel leniency statement” means a set of information provided, orally or in writing, to a competition authority by or on behalf of a person which—

(a)consists of information about a cartel and the person’s role in relation to the cartel,

(b)is provided voluntarily, and

(c)is provided specifically for the purposes of the competition authority’s cartel leniency programme,

excluding any pre-existing information.

(5)For the purposes of sub-paragraph (4)—

(a)“pre-existing information” means information that exists irrespective of a competition authority’s investigations, and

(b)the fact that information is in a competition authority’s file does not prevent it from being pre-existing information.

(6)References to a cartel leniency statement include—

(a)a part of a cartel leniency statement,

(b)a quotation from a cartel leniency statement,

(c)all or part of a record of a cartel leniency statement, and

(d)a copy of all or part of a cartel leniency statement or of a record of such a statement.

(7)On the application of a claimant in competition proceedings, a court or the Tribunal may, in accordance with procedural rules, determine whether information is a cartel leniency statement.

(8)For the purposes of making a determination under sub-paragraph (7), the court or the Tribunal may—

(a)take evidence from the author of the document, and

(b)obtain assistance from a competition authority,

but may not obtain assistance from anyone else.

Settlement submission to a competition authorityU.K.

5.(1)“Settlement submission” means a statement made, orally or in writing, to a competition authority by or on behalf of an undertaking—

(a)which states—

(i)that the undertaking accepts that it has infringed competition law, or

(ii)that the undertaking does not accept that it has infringed competition law but will not dispute a decision of the competition authority that it has done so,

(b)which is made voluntarily, and

(c)which is made for the sole purpose of allowing the competition authority to follow a simplified or expedited procedure in connection with the infringement.

(2)References to a settlement submission include—

(a)a part of a settlement submission,

(b)a quotation from a settlement submission,

(c)all or part of a record of a settlement submission, and

(d)a copy of all or part of a settlement submission or of a record of such a submission.

(3)On the application of a claimant in competition proceedings, a court or the Tribunal may, in accordance with procedural rules, determine whether a document is a settlement submission.

(4)For the purposes of making a determination under sub-paragraph (3), the court or the Tribunal may—

(a)take evidence from the author of the document, and

(b)obtain assistance from a competition authority,

but may not obtain assistance from anyone else.

Consensual dispute resolution processU.K.

6.(1)“Consensual dispute resolution process” means arbitration, mediation or any other process enabling parties to a dispute to resolve it out of court.

(2)A dispute is resolved “out of court” even if the process involves a court or the Tribunal approving what the parties agree or declaring their agreement binding.

Other definitionsU.K.

7.(1)“Court” means—

(a)the High Court or the Court of Appeal in England and Wales,

(b)the sheriff or the Court of Session,

(c)the High Court or the Court of Appeal in Northern Ireland, or

(d)the Supreme Court,

except in paragraphs 3(6) and 35.

(2)“Damages” includes any sum of money (other than costs or expenses) which may be awarded in respect of a competition claim.

(3)“Procedural rules” means—

(a)in relation to proceedings before a court, rules of court, and

(b)in relation to proceedings before the Tribunal, Tribunal rules.

(4)“Undertaking” includes an association of undertakings.

Part 2U.K.Passing On

Overcharges and underpaymentsU.K.

8.For the purposes of this Part of this Schedule—

(a)there is an overcharge as a result of an infringement of competition law if, when a product or service is acquired directly from the infringer, the price actually paid exceeds the price that would have been paid in the absence of the infringement, and

(b)there is an underpayment as a result of an infringement of competition law if, when a product or service is provided directly to the infringer, the price actually paid is less than the amount that would have been paid in the absence of the infringement.

Burden of proof where an overcharge is passed on to an indirect purchaserU.K.

9.(1)Sub-paragraph (2) applies where—

(a)there is an overcharge as a result of an infringement of competition law, and

(b)a competition claim is made in respect of loss or damage which—

(i)arises, directly or indirectly, from the overcharge, and

(ii)was suffered by a person who acquired a product or service indirectly from the infringer (“the injured person”).

(2)The claimant is to be treated as having proved that the overcharge was passed on to the claimant if the claimant proves that—

(a)the defendant infringed competition law,

(b)as a result of the infringement, there was an overcharge when a person acquired a product or service directly from the defendant, and

(c)the claimant subsequently acquired—

(i)the product or service mentioned in paragraph (b), or

(ii)a product or service derived from or containing the product or service mentioned in paragraph (b).

(3)Sub-paragraph (2) does not apply if the defendant proves that the overcharge, or part of it, was not passed on to the claimant.

(4)Where the claimant is not the injured person, the following are to be read as references to the injured person—

(a)the second reference to the claimant in the opening words of sub-paragraph (2), and

(b)the references to the claimant in sub-paragraphs (2)(c) and (3).

(5)Where the defendant is not the infringer, the references in sub-paragraph (2)(a) and (b) to the defendant are to be read as references to the infringer.

Burden of proof where an underpayment is passed on to an indirect providerU.K.

10.(1)Sub-paragraph (2) applies where—

(a)there is an underpayment as a result of an infringement of competition law, and

(b)a competition claim is made in respect of loss or damage which—

(i)arises, directly or indirectly, from the underpayment, and

(ii)was suffered by a person who provided a product or service indirectly to the infringer (“the injured person”).

(2)The claimant is to be treated as having proved that the underpayment was passed on to the claimant if the claimant proves that—

(a)the defendant infringed competition law,

(b)as a result of the infringement, there was an underpayment when a person provided a product or service directly to the defendant, and

(c)the product or service mentioned in paragraph (b)—

(i)was provided to the person by the claimant, or

(ii)contained or was derived from a product or service provided by the claimant.

(3)Sub-paragraph (2) does not apply if the defendant proves that the underpayment, or part of it, was not passed on to the claimant.

(4)Where the claimant is not the injured person, the following are to be read as references to the injured person—

(a)the second reference to the claimant in the opening words of sub-paragraph (2), and

(b)the references to the claimant in sub-paragraphs (2)(c) and (3).

(5)Where the defendant is not the infringer, the references in sub-paragraph (2)(a) and (b) to the defendant are to be read as references to the infringer.

Burden of proof where an overcharge or underpayment is passed on by the claimantU.K.

11.(1)This paragraph applies where—

(a)there is an overcharge or underpayment as a result of an infringement of competition law,

(b)a person makes a competition claim in respect of loss or damage which arises, directly or indirectly, from the overcharge or underpayment, and

(c)in its defence, the defendant claims that the claimant passed on all or part of the overcharge or underpayment to another person.

(2)The defendant has the burden of proving—

(a)that the claimant passed on the overcharge or underpayment, and

(b)the extent to which the claimant did so.

(3)Where the competition claim is made by someone other than the person who suffered the loss or damage (“the injured person”), the references in sub-paragraphs (1)(c) and (2) to the claimant are to be read as references to the injured person.

Part 3U.K.Small and Medium-Sized Enterprises

Liability of small and medium-sized enterprisesU.K.

12.(1)Sub-paragraph (3) applies where—

(a)an undertaking participated in an infringement of competition law with one or more other undertakings,

(b)throughout the period of the infringement, the undertaking’s share of the relevant market (or, if there was more than one, each relevant market) was less than 5%,

(c)but for this paragraph, the undertaking’s liability to pay damages in respect of the infringement (whatever the legal basis of the liability) would irretrievably jeopardise its economic viability and cause its assets to lose all their value, and

(d)the undertaking is a small or medium-sized enterprise.

(2)Sub-paragraph (3) does not apply where—

(a)the undertaking led the infringement,

(b)the undertaking coerced one or more of the other undertakings to participate in the infringement, or

(c)the undertaking has previously been found to have infringed competition law.

(3)The undertaking is not liable (either alone or jointly) to pay damages in respect of loss or damage suffered by a person as a result of the infringement of competition law (whatever the legal basis of the liability) except where—

(a)the person acquired a product or service that was the object of the infringement directly or indirectly from the undertaking, or

(b)the person acquired a product or service containing or derived from a product or service that was the object of the infringement indirectly from the undertaking.

(4)The reference in sub-paragraph (1)(c) to the effect of the undertaking’s liability to pay damages is to its effect taking account of the undertaking’s other liabilities.

(5)In this paragraph “small or medium-sized enterprise” means a small or medium-sized enterprise as defined in the Annex to Commission Recommendation (EC) No. 2003/361 of 6 May 2003 [F108(“the SME Annex”), subject to sub-paragraph (6)].

[F109(6)For the purposes of this paragraph, the SME Annex has effect as if—

(a)in Article 2(1), for “EUR 50 million and/or an annual balance sheet total not exceeding EUR 43 million” there were substituted “ £44,000,000 and/or an annual balance sheet total not exceeding £38,000,000 ”;

(b)in Article 2(2), for “EUR 10 million” there were substituted “ £8,800,000 ”;

(c)in Article 2(3), for “EUR 2 million” there were substituted “ £1,750,000 ”;

(d)in Article 3(2)(a), for “EUR 1 250 000” there were substituted “ £1,100,000 ”;

(e)in Article 3(2)(d), for “EUR 10 million” there were substituted “ £8,800,000 ”;

(f)in Article 3(5), for “by national or Community rules” there were substituted “ under the law of the United Kingdom (or any part of it) ”;

(g)in Article 5(b), for “national law” there were substituted “ the law of the United Kingdom (or any part of it) ”.]

Textual Amendments

Part 4U.K.Cartels

Presumption that cartels cause harmU.K.

13.For the purposes of competition proceedings, it is to be presumed, unless the contrary is proved, that a cartel causes loss or damage.

Immunity recipientsU.K.

14.(1)Paragraphs 15 and 16 apply where—

(a)undertakings have infringed the Chapter I prohibition F110... by participating in a cartel, and

(b)in respect of its participation in the infringement (the “cartel infringement”), an undertaking has been granted immunity from financial penalties under a cartel leniency programme.

(2)The undertaking mentioned in sub-paragraph (1)(b) is referred to in paragraphs 15 and 16 as “an immunity recipient”.

Textual Amendments

Liability of immunity recipientsU.K.

15.An immunity recipient is not liable (either alone or jointly) to pay damages in respect of loss or damage suffered by a person as a result of the cartel infringement (whatever the legal basis of the liability) except where—

(a)the person acquired a product or service that was the object of the cartel infringement directly or indirectly from the immunity recipient,

(b)the person acquired a product or service containing or derived from a product or service that was the object of the cartel infringement indirectly from the immunity recipient,

(c)the person provided a product or service that was the object of the cartel infringement directly or indirectly to the immunity recipient,

(d)a product or service that was the object of the cartel infringement contained or was derived from a product or service provided by the person, or

(e)the person is unable to obtain full compensation for the loss or damage from other undertakings involved in the cartel infringement.

Contribution between participants in cartelsU.K.

16.(1)Sub-paragraph (2) applies in relation to proceedings to recover contribution under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 where contribution is to be recovered—

(a)in respect of loss or damage suffered by a person as a result of a cartel infringement, and

(b)from a person who is an immunity recipient in relation to the cartel infringement.

(2)The amount of contribution that the immunity recipient may be required to pay may not exceed the amount of the loss or damage the immunity recipient caused to—

(a)persons who acquired products or services that were the object of the cartel infringement directly or indirectly from the immunity recipient,

(b)persons who acquired products or services containing or derived from products or services that were the object of the cartel infringement indirectly from the immunity recipient,

(c)persons who provided products or services that were the object of the cartel infringement directly or indirectly to the immunity recipient, and

(d)persons who provided—

(i)products or services that were subsequently contained in products or services that were the object of the cartel infringement, or

(ii)products or services from which products or services that were the object of the cartel infringement were subsequently derived.

(3)The following have effect subject to sub-paragraph (2)—

(a)section 2(1) of the Civil Liability (Contribution) Act 1978 (assessment of contribution);

(b)section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (contribution among joint wrongdoers).

Part 5U.K.Limitation and Prescriptive Periods

Time limits for bringing competition proceedingsU.K.

17.(1)Under the law of England and Wales and the law of Northern Ireland, proceedings in respect of a competition claim may not be brought before a court or the Tribunal after the end of the limitation period for the claim determined in accordance with this Part of this Schedule.

(2)Under the law of Scotland—

(a)proceedings in respect of a competition claim may not be brought before a court or the Tribunal after the end of the prescriptive period for the claim determined in accordance with this Part of this Schedule, and

(b)accordingly, an obligation in respect of the loss or damage that is the subject of the claim is extinguished,

except where the subsistence of the obligation in relation to which the claim is made was relevantly acknowledged before the end of that period.

(3)Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of 5 years) does not apply in relation to an obligation described in sub-paragraph (2).

(4)The following provisions of the Prescription and Limitation (Scotland) Act 1973 apply for the purposes of, or in relation to, sub-paragraph (2) as they apply for the purposes of, or in relation to, section 6 of that Act—

(a)section 10 (relevant acknowledgment);

(b)section 13 (prohibition of contracting out);

(c)section 14(1)(c) and (d) (computation of prescriptive periods).

Length of limitation or prescriptive periodU.K.

18.(1)The limitation period is 6 years.

(2)The prescriptive period is 5 years.

(3)But see—

(a)the provision in paragraphs 20 to 25 for the running of the period to be suspended in certain circumstances, and

(b)paragraph 23(5), which extends the period in certain circumstances.

Beginning of limitation or prescriptive periodU.K.

19.(1)The limitation or prescriptive period for a competition claim against an infringer begins with the later of—

(a)the day on which the infringement of competition law that is the subject of the claim ceases, and

(b)the claimant’s day of knowledge.

(2)“The claimant’s day of knowledge” is the day on which the claimant first knows or could reasonably be expected to know—

(a)of the infringer’s behaviour,

(b)that the behaviour constitutes an infringement of competition law,

(c)that the claimant has suffered loss or damage arising from that infringement, and

(d)the identity of the infringer.

(3)Where the claimant has acquired the right to make the competition claim from another person (whether by operation of law or otherwise) —

(a)the reference in sub-paragraph (2) to the day on which the claimant first knows or could reasonably be expected to know something is to be read as a reference to the first day on which either the claimant or a person in whom the cause of action was previously vested first knows or could reasonably be expected to know it, and

(b)the reference to the claimant in sub-paragraph (2)(c) is to be read as a reference to the injured person.

(4)In sub-paragraph (3), “injured person”, in relation to a competition claim, means a person who suffered the loss or damage that is the subject of the claim.

(5)Where a person (“P”) has acquired an infringer’s liability in respect of an infringement of competition law from another person (whether by operation of law or otherwise)—

(a)the reference to an infringer in sub-paragraph (1) is to be read as a reference to P, but

(b)the references to the infringer in sub-paragraph (2) are to be read as references to the original infringer.

(6)The references in sub-paragraphs (2) and (3) to a person knowing something are to a person having sufficient knowledge of it to bring competition proceedings.

(7)This paragraph has effect subject to the provision in paragraphs 20 to 25, which defers the beginning of the limitation or prescriptive period in certain circumstances.

Effect of disability on beginning of limitation period: England and Wales and Northern IrelandU.K.

20.(1)This paragraph applies if the claimant in relation to a competition claim is under a disability on the day on which, but for this paragraph, the limitation period for the claim would begin.

(2)In England and Wales and Northern Ireland, the limitation period for the claim begins with the earlier of—

(a)the day on which the claimant ceases to be under a disability, and

(b)the day on which the claimant dies.

(3)Where—

(a)the claimant has acquired the right to make the competition claim from another person (whether by operation of law or otherwise), and

(b)but for this paragraph, the limitation period would begin on the day specified in paragraph 19(2),

the references to the claimant in sub-paragraphs (1) and (2) of this paragraph are to be read as references to the person by reference to whose knowledge that day would fall to be determined in accordance with paragraph 19(3).

(4)In England and Wales, references in this paragraph to a person being “under a disability” have the same meaning as in the Limitation Act 1980 (see section 38(2) of that Act).

(5)In Northern Ireland, references in this paragraph to a person being “under a disability” have the same meaning as in the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) (see article 47 of that Order).

Suspension during investigation by competition authorityU.K.

21.(1)Where a competition authority investigates an infringement of competition law, the period of the investigation is not to be counted when calculating whether the limitation or prescriptive period for a competition claim in respect of loss or damage arising from the infringement has expired.

(2)The period of an investigation by a competition authority begins when the competition authority takes the first formal step in the investigation.

(3)The period of an investigation by a competition authority ends—

(a)if the competition authority makes a decision in relation to the infringement as a result of the investigation, at the end of the period of one year beginning with the day on which the decision becomes final, and

(b)otherwise, at the end of the period of one year beginning with the day on which the competition authority closes the investigation.

Modifications etc. (not altering text)

Suspension during consensual dispute resolution processU.K.

22.(1)This paragraph applies where—

(a)a dispute arising from an infringement of competition law is the subject of a consensual dispute resolution process,

(b)a competition claim is made which arises from the dispute, and

(c)the claimant and the defendant participated in the consensual dispute resolution process.

(2)The period of the consensual dispute resolution process is not to be counted when calculating whether the limitation or prescriptive period for the claim expired.

(3)The period of a consensual dispute resolution process in relation to a dispute begins with the first day on which either of the following occurs—

(a)the claimant and the defendant (with or without others) enter into an agreement to engage in the process in respect of the dispute, or

(b)the claimant and the defendant submit the dispute to the person who is to run the process.

(4)The period of a consensual dispute resolution process ends with the first day on which one of the following occurs —

(a)the claimant and the defendant reach an agreement to resolve the dispute;

(b)where the process is the subject of an agreement or rules, the process comes to an end in accordance with the agreement or rules;

(c)the claimant or defendant notifies the other that it has withdrawn from the process;

(d)the claimant or the defendant asks the other to confirm that it wishes to continue with the process and does not receive a response within the period of 14 days beginning with the day on which the request is made;

(e)the claimant and the defendant are notified that the person to whom they submitted the dispute refuses to deal with it;

(f)the claimant and defendant are notified that the person running the process cannot continue to act in relation to the dispute and fail to agree to submit the dispute to another person within the period of 14 days beginning with the day on which they are notified.

(5)Where the competition claim is made in collective proceedings, the references to the claimant in sub-paragraphs (1)(c), (3) and (4) are to be read as references to the claimant or the representative.

(6)Where the claimant has acquired the right to make the competition claim from another person (whether by operation of law or otherwise), the references to the claimant in sub-paragraphs (1)(c), (3), (4) and (5) are to be read as references to the claimant or a person in whom the cause of action was previously vested.

(7)Where the defendant has acquired the infringer’s liability in respect of the infringement of competition law from another person (whether by operation of law or otherwise), the references to the defendant in sub-paragraphs (1)(c), (3) and (4) are to be read as references to the defendant or a person who has previously held the liability.

Suspension during collective proceedingsU.K.

23.(1)Where a competition claim is made in collective proceedings at the commencement of those proceedings (“the section 47B claim”), this paragraph applies for the purpose of determining the limitation or prescriptive period for the claim if it is subsequently made in proceedings under section 47A.

(2)The period of the collective proceedings is not to be counted when calculating whether the limitation or prescriptive period has expired.

(3)The period of collective proceedings begins with the day on which the collective proceedings are commenced.

(4)The period of collective proceedings ends with the first day on which one of the following occurs—

(a)the Tribunal declines to make a collective proceedings order in respect of the collective proceedings;

(b)the Tribunal makes a collective proceedings order in respect of the proceedings, but the order does not provide that the section 47B claim is eligible for inclusion in the proceedings;

(c)the Tribunal rejects the section 47B claim;

(d)in the case of opt-in collective proceedings, the period within which a person may choose to have the section 47B claim included in the proceedings expires without the person having done so;

(e)in the case of opt-out collective proceedings—

(i)a person domiciled in the United Kingdom chooses (within the period in which such a choice may be made) to have the section 47B claim excluded from the collective proceedings, or

(ii)the period within which a person not domiciled in the United Kingdom may choose to have the section 47B claim included in the collective proceedings expires without the person having done so;

(f)the section 47B claim is withdrawn;

(g)the Tribunal revokes the collective proceedings order in respect of the collective proceedings;

(h)the Tribunal varies the collective proceedings order in such a way that the section 47B claim is no longer included in the collective proceedings;

(i)the section 47B claim is settled with or without the Tribunal’s approval;

(j)the section 47B claim is dismissed, discontinued or otherwise disposed of without an adjudication on the merits.

(5)Where—

(a)there is a period of collective proceedings in relation to a competition claim, and

(b)but for this sub-paragraph, the limitation or prescriptive period would expire before the end of the period of 6 months beginning with the day after the day on which the period of collective proceedings ends,

the limitation or prescriptive period for the claim is to be treated as expiring at the end of that 6 month period.

Suspension of prescriptive period during period of disability: ScotlandU.K.

24.(1)This paragraph applies if the injured person in relation to a competition claim is under legal disability for a period at any time.

(2)In Scotland, the period during which the injured person is under legal disability is not to be counted when calculating whether the prescriptive period for the claim has expired.

(3)References in this paragraph to a person being “under legal disability” have the same meaning as in the Prescription and Limitation (Scotland) Act 1973 (see section 15(1) of that Act).

(4)In this paragraph, “injured person”, in relation to a competition claim, means a person who suffered the loss or damages that is the subject of the claim.

Continuity of limitation or prescriptive periodU.K.

25.For the purposes of calculating whether the limitation or prescriptive period for a competition claim has expired, a period described in paragraph 21, 22, 23 or 24 is not to be regarded as separating the time immediately before it from the time immediately after it.

New claims in pending actions: England and Wales and Northern IrelandU.K.

26.(1)In section 35 of the Limitation Act 1980 (new claims in pending actions)—

(a)subsection (1) applies for the purposes of this Part of this Schedule as it applies for the purposes of that Act, and

(b)subsections (3) to (8) apply in relation to a competition claim that is a new claim and to competition proceedings as they apply in relation to other new claims and proceedings.

(2)In Article 73 of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) (new claims in pending actions)—

(a)paragraph (1) applies for the purposes of this Part of this Schedule as it applies for the purposes of that Order, and

(b)paragraphs (2) to (7) apply in relation to a competition claim that is a new claim and to competition proceedings as they apply in relation to other new claims and proceedings.

Part 6U.K.Disclosure etc

Disclosure ordersU.K.

27.(1)For the purposes of this Part of this Schedule (and subject to sub-paragraph (2)), a court or the Tribunal makes a disclosure order in respect of something if—

(a)in England and Wales or Northern Ireland, it orders its disclosure or production in accordance with procedural rules, or

(b)in Scotland, it grants commission and diligence for its recovery or makes an order in respect of it under section 1 of the Administration of Justice (Scotland) Act 1972 (inspection of documents etc).

(2)A court or the Tribunal does not make a disclosure order in respect of something if it does something described in sub-paragraph (1) for the purposes of enabling a court or the Tribunal to determine whether it is a cartel leniency statement or a settlement submission.

Restriction in relation to settlement submissions and cartel leniency statementsU.K.

28.For the purposes of competition proceedings, a court or the Tribunal must not make a disclosure order in respect of—

(a)a settlement submission which has not been withdrawn, or

(b)a cartel leniency statement (whether or not it has been withdrawn).

Restriction in relation to investigation materialsU.K.

29.For the purposes of competition proceedings, a court or the Tribunal must not make a disclosure order in respect of a competition authority’s investigation materials before the day on which the competition authority closes the investigation to which those materials relate.

Restriction in relation to material in a competition authority’s fileU.K.

30.(1)For the purposes of competition proceedings, a court or the Tribunal must not make a disclosure order addressed to a competition authority in respect of documents or information included in a competition authority’s file.

(2)Sub-paragraph (1) does not apply where the court or the Tribunal making the order is satisfied that no-one else is reasonably able to provide the documents or information.

Power of High Court in Northern Ireland to order disclosure etc by non-partiesU.K.

31.(1)On the application of a party to competition proceedings, where it appears to the High Court in Northern Ireland that evidence relevant to the proceedings is likely to be in the possession, custody or power of a person who is not a party to the proceedings, the court may order the person—

(a)to disclose whether such evidence is in the person’s possession, custody or power, and

(b)if it is, to produce it—

(i)to the applicant, or

(ii)on such conditions as may be specified in the order, to the applicant’s legal adviser or other professional adviser.

(2)An order under sub-paragraph (1) must not be made if the court considers that compliance with it would be likely to be injurious to the public interest.

(3)Rules of court may make provision specifying circumstances in which a court may or may not make an order under sub-paragraph (1).

(4)The power under sub-paragraph (3) includes power to make incidental, supplementary and consequential provision.

(5)Sub-paragraph (1) is without prejudice to the exercise by the High Court in Northern Ireland of any power to make orders which is exercisable apart from this paragraph.

Part 7U.K.Use of Evidence

Cartel leniency statements and settlement submissionsU.K.

32.(1)A settlement submission which has not been withdrawn is not admissible in evidence in competition proceedings.

(2)A cartel leniency statement is not admissible in evidence in competition proceedings (whether or not it has been withdrawn).

(3)The prohibitions in sub-paragraphs (1) and (2) do not apply if a party to the proceedings obtained the submission or statement—

(a)lawfully, and

(b)otherwise than from a competition authority’s file.

Investigation materialsU.K.

33.(1)A competition authority’s investigation materials are not admissible in evidence in competition proceedings at any time before the competition authority has closed the investigation to which those materials relate.

(2)The prohibition in sub-paragraph (1) does not apply if a party to the proceedings obtained the materials—

(a)lawfully, and

(b)otherwise than from a competition authority’s file.

Material obtained from a competition authority’s fileU.K.

34.Documents or information obtained by a person (“P”) from a competition authority’s file are admissible in evidence in competition proceedings only where—

(a)the proceedings relate, entirely or partly, to a competition claim made by P or by a person who has acquired P’s right to make the claim (whether by operation of law or otherwise), and

(b)none of the prohibitions in paragraphs 32 and 33 applies.

Decisions of member State competition authoritiesU.K.

F11135.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 8U.K.Exemplary Damages

Exemplary damagesU.K.

36.A court or the Tribunal may not award exemplary damages in competition proceedings.

Part 9U.K.

Contribution and Consensual SettlementsU.K.

Consensual settlementU.K.

37.In this Part of this Schedule, “consensual settlement” means an agreement relating to a dispute about loss or damage arising from an infringement of competition law which—

(a)is reached through a consensual dispute resolution process,

(b)is made between—

(i)an infringer or a person who has acquired an infringer’s liability in respect of the infringement (whether by operation of law or otherwise) (“the settling infringer”), and

(ii)a person who suffered the loss or damage or a person who has acquired such a person’s right to make a claim in respect of the loss or damage (whether by operation of law or otherwise) (“the settling complainant”), and

(c)entirely resolves the dispute between the settling infringer and the settling complainant.

Assessment of contributionU.K.

38.(1)This paragraph applies in relation to proceedings to recover contribution under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 where contribution is to be recovered in respect of loss or damage suffered by a person as a result of an infringement of competition law.

(2)The amount of contribution that one person liable in respect of the loss or damage may recover from another must be determined in the light of their relative responsibility for the whole of the loss or damage caused by the infringement.

(3)The determination of that amount must take into account any damages paid by the other person in respect of the loss or damage in accordance with a consensual settlement.

(4)The following have effect subject to this paragraph—

(a)section 2(1) of the Civil Liability (Contribution) Act 1978 (assessment of contribution);

(b)section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (contribution among joint wrongdoers).

Effect of consensual settlement on the amount of a claimU.K.

39.(1)Where loss or damage arising from an infringement of competition law is the subject of—

(a)a consensual settlement, and

(b)a competition damages claim by the settling complainant,

the amount of the settling complainant’s claim is reduced by the settling infringer’s share of the loss or damage.

(2)Sub-paragraph (1) has effect regardless of the terms of the consensual settlement.

Effect of consensual settlement for the settling infringerU.K.

40.(1)Where loss or damage arising from an infringement of competition law is the subject of a consensual settlement, the settling complainant ceases to have a right of action against the settling infringer in respect of the loss or damage.

(2)Sub-paragraph (1) has effect regardless of the terms of the consensual settlement.

(3)Sub-paragraphs (1) and (2) do not apply where—

(a)an undertaking other than the settling infringer is liable to pay damages to the settling complainant in respect of loss or damage which arises from the infringement,

(b)that undertaking is (or, if there is more than one, those undertakings are) unable to pay damages corresponding to the outstanding amount of the settling complainant’s claim, and

(c)the settling infringer’s liability for that amount is not expressly excluded by the terms of the consensual settlement.

Effect of consensual settlement on contribution between defendantsU.K.

41.(1)Where—

(a)loss or damage arising from an infringement of competition law is the subject of a consensual settlement,

(b)it is also the subject of a competition damages claim by the settling complainant, and

(c)an undertaking other than the settling infringer is liable to pay damages to the settling complainant in respect of the loss or damage that is the subject of the claim,

that undertaking may not recover contribution from the settling infringer in respect of the loss or damage under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.

(2)Sub-paragraph (1) has effect regardless of the terms of the consensual settlement.

(3)The following have effect subject to this paragraph—

(a)section 1 of the Civil Liability (Contribution) Act 1978;

(b)section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.

Part 10U.K.Application

42.(1)Parts 2 to 5, 8 and 9 of this Schedule apply in relation to competition claims, competition proceedings, claims for contribution arising from competition claims and proceedings relating to such claims only to the extent that the claims and proceedings relate to loss or damage suffered on or after the relevant day as a result of an infringement of competition law that takes place on or after that day.U.K.

(2)Where an infringement of competition law takes place over a period of 2 or more days it is to be taken for the purposes of sub-paragraph (1) to have taken place on the first of those days

43.U.K.The following provisions of this Schedule apply only in relation to proceedings on a competition claim in relation to which the first proceedings before a court or the Tribunal began on or after the relevant day—

(a)paragraphs 4(7) and (8) and 5(3) and (4);

(b)Parts 6 and 7.

44.U.K.In this Part of this Schedule “the relevant day” means the day on which the Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 come into force.]

Section 51(2).

SCHEDULE 9U.K. [F112CMA's] Rules

Textual Amendments

GeneralU.K.

[F1131U.K.In this Schedule “rules” means rules made by the [F114CMA] under section 51.]

Textual Amendments

[F115Delegation of functionsU.K.

Textual Amendments

F115Sch. 9 para. 1A and cross-heading inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 42(4), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

1A(1)Rules may provide for the exercise of a function of the CMA under this Part on its behalf—U.K.

(a)by one or more members of the CMA Board (see Part 2 of Schedule 4 to the Enterprise and Regulatory Reform Act 2013);

(b)by one or more members of the CMA panel (see Part 3 of that Schedule to that Act);

(c)by one or more members of staff of the CMA;

(d)jointly by one or more of the persons mentioned in paragraph (a), (b) or (c).

(2)Sub-paragraph (1) does not apply in relation to any function prescribed in regulations made under section 7(1) of the Civil Aviation Act 1982 (power for Secretary of State to prescribe certain functions of the Civil Aviation Authority which must not be performed on its behalf by any other person).]

ApplicationsU.K.

2U.K.[F116Rules may make provision—

(a)as to the form and manner in which an application for guidance or an application for a decision must be made;

(b)for the procedure to be followed in dealing with the application;

(c)for the application to be dealt with in accordance with a timetable;

(d)as to the documents and information which must be given to the [F117OFT] in connection with the application;

(e)requiring the applicant to give such notice of the application, to such other persons, as may be specified;

(f)as to the consequences of a failure to comply with any rule made by virtue of sub-paragraph (e);

(g)as to the procedure to be followed when the application is subject to the concurrent jurisdiction of the [F117OFT] and a regulator.]

Textual Amendments

F117Words in Sch. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(55); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Provisional decisionsU.K.

3U.K.[F118Rules may make provision as to the procedure to be followed by the [F117OFT] when making a provisional decision under paragraph 3 of Schedule 5 or paragraph 3 of Schedule 6.]

Textual Amendments

F117Words in Sch. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(55); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

GuidanceU.K.

4U.K.[F119Rules may make provision as to—

(a)the form and manner in which guidance is to be given;

(b)the procedure to be followed if—

(i)the [F117OFT] takes further action with respect to an agreement after giving guidance that it is not likely to infringe the Chapter I prohibition; or

(ii)the [F117OFT] takes further action with respect to conduct after giving guidance that it is not likely to infringe the Chapter II prohibition.]

Textual Amendments

F117Words in Sch. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(55); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

DecisionsU.K.

5(1)Rules may make provision as to—U.K.

(a)the form and manner in which notice of any decision is to be given;

(b)the person or persons to whom the notice is to be given;

(c)the manner in which the [F120CMA] is to publish a decision;

[F121(d)the procedure to be followed if—

(i)the [F120CMA] takes further action with respect to an agreement after having decided that it does not infringe the Chapter I prohibition; [F122or]

F123(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)the [F120CMA] takes further action with respect to conduct after having decided that it does not infringe the Chapter II prohibition; F124...

F124(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F125(2)In this paragraph “decision” means a decision of the [F120CMA] —

(a)as to whether or not an agreement has infringed the Chapter I prohibition; [F126or]

F127(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)as to whether or not conduct has infringed the Chapter II prohibition; or

F128(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F120Word in Sch. 9 para. 5(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Individual exemptionsU.K.

6U.K.[F129Rules may make provision as to—

(a)the procedure to be followed by the [F117OFT] when deciding whether, in accordance with section 5—

(i)to cancel an individual exemption that [F117it] has granted,

(ii)to vary or remove any of its conditions or obligations, or

(iii)to impose additional conditions or obligations;

(b)the form and manner in which notice of such a decision is to be given.]

Textual Amendments

F117Words in Sch. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(55); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

7U.K.[F130Rules may make provision as to—

(a)the form and manner in which an application under section 4(6) for the extension of an individual exemption is to be made;

(b)the circumstances in which the [F117OFT] will consider such an application;

(c)the procedure to be followed by the [F117OFT] when deciding whether to grant such an application;

(d)the form and manner in which notice of such a decision is to be given.]

Textual Amendments

F117Words in Sch. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(55); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Block exemptionsU.K.

[F1318U.K.Rules may make provision as to—

(a)the procedure to be followed by the [F132CMA] if it cancels a block exemption;

F133(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F134[F135Assimilated] exemptions]U.K.

Textual Amendments

9U.K.Rules may make provision as to—

(a)the circumstances in which the [F136CMA] may—

(i)impose conditions or obligations in relation to [F137an assimilated] [F138exemption],

(ii)vary or remove any such conditions or obligations,

(iii)impose additional conditions or obligations, or

(iv)cancel the exemption;

(b)as to the procedure to be followed by the [F136CMA] if [F117it] is acting under section 10(5);

(c)the form and manner in which notice of a decision to take any of the steps in sub-paragraph (a) is to be given;

(d)the circumstances in which an exemption may be cancelled with retrospective effect.

Textual Amendments

F117Words in Sch. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(55); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F139...U.K.

Textual Amendments

F13910U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions withdrawing exclusionsU.K.

11U.K.[F140Rules may make provision as to the factors which the [F141CMA] may take into account when [F117it] is determining the date on which a direction given under paragraph 4(1) of Schedule 1 or paragraph 2(3) or 9(3) of Schedule 3 is to have effect.]

Textual Amendments

F117Words in Sch. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(55); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Disclosure of informationU.K.

12(1)Rules may make provision as to the circumstances in which the [F142CMA] is to be required, before disclosing information given to [F117it] by a third party in connection with the exercise of any of the [F143CMA's] functions under Part I, to give notice, and an opportunity to make representations, to the third party.U.K.

(2)In relation to the agreement (or conduct) concerned, “third party” means a person who is not a party to the agreement (or who has not engaged in the conduct).

Textual Amendments

F117Words in Sch. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(55); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Applications under section 47U.K.

13U.K.Rules may make provision as to—

(a)the period within which an application under section 47(1) must be made;

(b)the procedure to be followed by the [F144CMA ] in dealing with the application;

(c)the person or persons to whom notice of the [F145CMA's] response to the application is to be given.

Textual Amendments

[F146Oral hearings: procedureU.K.

Textual Amendments

F146Sch. 9 para. 13A and cross-heading inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 42(5), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

13A(1)Rules may make provision as to the procedure to be followed by the CMA in holding oral hearings as part of an investigation.U.K.

(2)Rules may, in particular, make provision as to the appointment of a person mentioned in sub-paragraph (3) who has not been involved in the investigation in question to—

(a)chair an oral hearing, and

(b)prepare a report following the hearing and give it to the person who is to exercise on behalf of the CMA its function of making a decision (within the meaning given by section 31(2)) as a result of the investigation.

(3)The persons are—

(a)a member of the CMA Board;

(b)a member of the CMA panel;

(c)a member of staff of the CMA.

(4)The report must—

(a)contain an assessment of the fairness of the procedure followed in holding the oral hearing, and

(b)identify any other concerns about the fairness of the procedure followed in the investigation which have been brought to the attention of the person preparing the report.]

[F147Procedural complaintsU.K.

Textual Amendments

F147Sch. 9 para. 13B and cross-heading inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 42(6), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

13B(1)Rules may make provision as to arrangements to be made by the CMA for dealing with complaints about the conduct by the CMA of an investigation.U.K.

(2)Rules may, in particular, make provision as to—

(a)the appointment of a person mentioned in sub-paragraph (3) who has not been involved in the investigation in question to consider any such complaint;

(b)the time-table for the consideration of any such complaint.

(3)The persons are—

(a)a member of the CMA Board;

(b)a member of the CMA panel;

(c)a member of staff of the CMA.]

[F148Settling casesU.K.

Textual Amendments

F148Sch. 9 para. 13C and cross-heading inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 42(7), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

13CU.K.Rules may make provision as to the procedure to be followed in a case where, during an investigation, one or more persons notify the CMA that they accept that there has been an infringement of a kind to which the investigation relates.]

EnforcementU.K.

14U.K.Rules may make provision as to the procedure to be followed when the [F149CMA] takes action under any of sections [F15032 to 40] with respect to the enforcement of the provisions of this Part.

Textual Amendments

Sections 54 and 66(5).

SCHEDULE 10U.K. Regulators

Part IU.K. Monopolies

F1511U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151Sch. 10 para. 1 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Part IIU.K. The Prohibitions

TelecommunicationsU.K.

2F152(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F152(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F153(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F154(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F155(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F152Sch. 10 para. 2(1)-(6) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (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(1), Sch. 1 (with art. 11)

F153Sch. 10 para. 2(7) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F154Sch. 10 para. 2(8) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (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(1), Sch. 1 (with art. 11)

F155Sch. 10 para. 2(9) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (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(1), Sch. 1 (with art. 11)

F156Sch. 10 para. 2(10) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I2Sch. 10 para. 2 wholly in force; Sch. 10 para. 2 not in force at Royal Assent see s. 76(3); Sch. 10 para. 2 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 2 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

GasU.K.

3(1)In consequence of the repeal by this Act of provisions of the M13Competition Act 1980, the functions transferred by subsection (3) of section 36A of the M14Gas Act 1986 (functions with respect to competition) are no longer exercisable by the Director General of Gas Supply.U.K.

(2)Accordingly, that Act is amended as follows.

F157(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Section 36A is amended as follows.

(5)For subsection (3) substitute—

“(3)The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b)conduct of the kind mentioned in section 18(1) of that Act,

which relate to the carrying on of activities to which this subsection applies.

(3A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

F158(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In subsection (6), omit “or (3)”.

(8)In subsection (7), for paragraph (b) substitute—

“(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

F159(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F157Sch. 10 para. 3(3) repealed (1.10.2001) by 2000 c. 27, ss. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20)

F158Sch. 10 para. 3(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F159Sch. 10 para. 3(9)-(11) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I3Sch. 10 para. 3 wholly in force; Sch. 10 para. 3 not in force at Royal Assent see s. 76(3); Sch. 10 para. 3 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 3 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

ElectricityU.K.

4(1)In consequence of the repeal by this Act of provisions of the M15Competition Act 1980, the functions transferred by subsection (3) of section 43 of the M16Electricity Act 1989 (functions with respect to competition) are no longer exercisable by the Director General of Electricity Supply.U.K.

(2)Accordingly, that Act is amended as follows.

F160(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Section 43 is amended as follows.

(5)For subsection (3) substitute—

“(3)The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b)conduct of the kind mentioned in section 18(1) of that Act,

which relate to commercial activities connected with the generation, transmission or supply of electricity.

(3A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

F161(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In subsection (5), omit “or (3)”.

(8)In subsection (6), for paragraph (b) substitute—

“(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

F162(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160Sch. 10 para. 4(3) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20)

F161Sch. 10 para. 4(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F162Sch. 10 para. 4(9) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I4Sch. 10 para. 4 wholly in force; Sch. 10 para. 4 not in force at Royal Assent see s. 76(3); Sch. 10 para. 4 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 4 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

WaterU.K.

5(1)In consequence of the repeal by this Act of provisions of the M17Competition Act 1980, the functions exercisable by virtue of subsection (3) of section 31 of the M18Water Industry Act 1991 (functions of Director with respect to competition) are no longer exercisable by the Director General of Water Services.U.K.

(2)Accordingly, that Act is amended as follows.

F163(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 2, after subsection (6), insert—

“(6A)Subsections (2) to (4) above do not apply in relation to anything done by the Director in the exercise of functions assigned to him by section 31(3) below (“Competition Act functions”).

(6B)The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of subsections (2) to (4) above, if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.”

(5)Section 31 is amended as follows.

(6)For subsection (3) substitute—

“(3)The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b)conduct of the kind mentioned in section 18(1) of that Act,

which relate to commercial activities connected with the supply of water or securing a supply of water or with the provision or securing of sewerage services.”

F164(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)After subsection (4), insert—

“(4A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

F165(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F165(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)In subsection (7), omit “or (3)”.

(12)In subsection (8), for paragraph (b) substitute—

“(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

F166(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F164Sch. 10 para. 5(7) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F165Sch. 10 para. 5(9)(10) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F166Sch. 10 para. 5(13) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I5Sch. 10 para. 5 wholly in force; Sch. 10 para. 5 not in force at Royal Assent see s. 76(3); Sch. 10 para. 5 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.

Marginal Citations

RailwaysU.K.

6(1)In consequence of the repeal by this Act of provisions of the M19Competition Act 1980, the functions transferred by subsection (3) of section 67 of the M20Railways Act 1993 (respective functions of the Regulator and the Director etc) are no longer exercisable by the Rail Regulator.U.K.

(2)Accordingly, that Act is amended as follows.

(3)In section 4 (general duties of the Secretary of State and the Regulator), after subsection (7), insert—

“(7A)Subsections (1) to (6) above do not apply in relation to anything done by the Regulator in the exercise of functions assigned to him by section 67(3) below (“Competition Act functions”).

(7B)The Regulator may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of subsections (1) to (6) above, if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.”

(4)Section 67 is amended as follows.

(5)For subsection (3) substitute—

“(3)The Regulator shall be entitled to exercise, concurrently with the Director, the functions of the Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b)conduct of the kind mentioned in section 18(1) of that Act,

which relate to the supply of railway services.

(3A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director are to be read as including a reference to the Regulator (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

F167(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In subsection (6)(a), omit “or (3)”.

(8)In subsection (8), for paragraph (b) substitute—

“(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

F168(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F167Sch. 10 para. 6(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F168Sch. 10 para. 6(9) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I6Sch. 10 para. 6 wholly in force; Sch. 10 para. 6 not in force at Royal Assent see s. 76(3); Sch. 10 para. 6 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; SCh. 10 para. 6 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

Part IIIU.K. The Prohibitions: Northern Ireland

ElectricityU.K.

7(1)In consequence of the repeal by this Act of provisions of the M21Competition Act 1980, the functions transferred by paragraph (3) of Article 46 of the M22Electricity (Northern Ireland) Order 1992 (functions with respect to competition) are no longer exercisable by the Director General of Electricity Supply for Northern Ireland.U.K.

(2)Accordingly, that Order is amended as follows.

(3)[F169In Article 6 (general duties of the Director), after paragraph (2), add—

“(3)Paragraph (1) does not apply in relation to anything done by the Director in the exercise of functions assigned to him by Article 46(3) (“Competition Act functions”).

(4)The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by paragraph (1) (“a general matter”), if it is a matter to which the Director General of Fair Trading could have regard when exercising that function; but that is not to be taken as implying that, in the exercise of any function mentioned in Article 4(7) or paragraph (2), regard may not be had to any general matter.”]

(4)Article 46 is amended as follows.

(5)For paragraph (3) substitute—

“(3)The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b)conduct of the kind mentioned in section 18(1) of that Act,

which relate to commercial activities connected with the generation, transmission or supply of electricity.

(3A)So far as necessary for the purposes of, or in connection with, the provisions of paragraph (3), references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

F170(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In paragraph (5), omit “or (3)”.

(8)In paragraph (6), for sub-paragraph (b) substitute—

“(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

F171(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F170Sch. 10 para. 7(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F171Sch. 10 para. 7(9) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I7Sch. 10 para. 7 wholly in force; Sch. 10 para. 7 not in force at Royal Assent see s. 76(3); Sch. 10 para. 7 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; SCh. 10 para. 7 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

GasU.K.

8(1)In consequence of the repeal by this Act of provisions of the M23Competition Act 1980, the functions transferred by paragraph (3) of Article 23 of the M24Gas (Northern Ireland) Order 1996 (functions with respect to competition) are no longer exercisable by the Director General of Gas for Northern Ireland.U.K.

(2)Accordingly, that Order is amended as follows.

(3)[F172In Article 5 (general duties of the Department and Director), after paragraph (4), insert—

“(4A)Paragraphs (2) to (4) do not apply in relation to anything done by the Director in the exercise of functions assigned to him by Article 23(3) (“Competition Act functions”).

(4B)The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of paragraphs (2) to (4), if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.”]

(4)Article 23 is amended as follows.

(5)For paragraph (3) substitute—

“(3)The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b)conduct of the kind mentioned in section 18(1) of that Act,

connected with the conveyance, storage or supply of gas.

(3A)So far as necessary for the purposes of, or in connection with, the provisions of paragraph (3), references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

F173(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In paragraph (5), omit “or (3)”.

(8)In paragraph (6), for sub-paragraph (b) substitute—

“(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

F174(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F174(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F174(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173Sch. 10 para. 8(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F174Sch. 10 para. 8(9)-(11) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I8Sch. 10 para. 8 wholly in force; Sch. 10 para. 8 not in force at Royal Assent see s. 76(3); Sch. 10 para. 8 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 8 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

Part IVU.K. Utilities: Minor and Consequential Amendments

The Telecommunications Act 1984 (c.12)U.K.

9(1)The Telecommunications Act 1984 is amended as follows.U.K.

F175(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F176(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F177(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In section 101(3) (general restrictions on disclosure of information)—

(a)omit paragraphs (d) and (e) (which refer to the Restrictive Trade Practices Act 1976 and the M25Resale Prices Act 1976);

(b)after paragraph (m), insert—

“(n)the Competition Act 1998”.

(8)At the end of section 101, insert—

“(6)Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (5) of this section.”

Textual Amendments

F175Sch. 10 para. 9(2)-(4) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (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(1), Sch. 1 (with art. 11)

F176Sch. 10 para. 9(5) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F177Sch. 10 para. 9(6) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (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(1), Sch. 1 (with art. 11)

Commencement Information

I9Sch. 10 para. 9 wholly in force; Sch. 10 para. 9 not in force at Royal Assent see s. 76(3); Sch. 10 para. 9 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 9(7)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 9(1)(2)(5) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 9(3)(4)(6)(7)(a) and (8) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

The Gas Act 1986 (c.44)U.K.

10(1)The Gas Act 1986 is amended as follows.U.K.

F178(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 25, omit subsection (2) (which falls with the repeal of the M26Restrictive Trade Practices Act 1976).

F179(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 28 (orders for securing compliance with certain provisions), in subsection (5), after paragraph (aa), omit “or” and after paragraph (b), insert “or

(c)that the most appropriate way of proceeding is under the Competition Act 1998.”

(6)In section 42(3) (general restrictions on disclosure of information)—

(a)omit paragraphs (e) and (f) (which refer to the Restrictive Trade Practices Act 1976 and the M27Resale Prices Act 1976);

(b)after paragraph (n), insert—

“(o)the Competition Act 1998”.

(7)At the end of section 42, insert—

“(7)Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (6) of this section.”

Textual Amendments

F179Sch. 10 para. 10(4) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I10Sch. 10 para. 10 wholly in force; Sch. 10 para. 10 not in force at Royal Assent see s. 76(3); Sch. 10 para. 10 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 10(6)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 10(1)(2) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 10 (3)-(5)(6)(a) and (7) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

The Water Act 1989 (c.15)U.K.

11U.K.In section 174(3) of the Water Act 1989 (general restrictions on disclosure of information)—

(a)omit paragraphs (d) and (e) (which refer to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976);

(b)after paragraph (l), insert—

“(ll)the Competition Act 1998”.

Commencement Information

I11Sch. 10 para. 11 wholly in force; Sch. 10 para. 11 not in force at Royal Assent see s. 76(3); Sch. 10 para. 11(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 11(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

The Electricity Act 1989 (c.29)U.K.

12(1)The Electricity Act 1989 is amended as follows.U.K.

(2)In section 12 (modification references to Competition Commission), for subsections (8) and (9) substitute—

“(8)The provisions mentioned in subsection (8A) are to apply in relation to references under this section as if—

(a)the functions of the Competition Commission in relation to those references were functions under the 1973 Act;

(b)the expression “merger reference” included a reference under this section;

(c)in section 70 of the 1973 Act—

(i)references to the Secretary of State were references to the Director, and

(ii)the reference to three months were a reference to six months.

(8A)The provisions are—

(a)sections 70 (time limit for report on merger) and 85 (attendance of witnesses and production of documents) of the 1973 Act;

(b)Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and

(c)section 24 of the 1980 Act (modification of provisions about performance of such functions).

(9)For the purposes of references under this section, the Secretary of State is to appoint not less than eight members of the Competition Commission.

(9A)In selecting a group to perform the Commission’s functions in relation to any such reference, the chairman of the Commission must select up to three of the members appointed under subsection (9) to be members of the group.”

(3)In section 13, omit subsection (2) (which falls with the repeal of the M28Restrictive Trade Practices Act 1976).

F180(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 25 (orders for securing compliance), in subsection (5), after paragraph (b), omit “or” and after paragraph (c), insert “or

(d)that the most appropriate way of proceeding is under the Competition Act 1998.”

F181(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In section 57(3) (general restrictions on disclosure of information)—

(a)omit paragraphs (d) and (e) (which refer to the M29Restrictive Trade Practices Act 1976 and the M30Resale Prices Act 1976);

(b)after paragraph (no), insert—

“(nop)the Competition Act 1998”.

(8)At the end of section 57, insert—

“(7)Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (6) of this section.”

Textual Amendments

F180Sch. 10 para. 12(4) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F181Sch. 10 para. 12(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I12Sch. 10 para. 12 wholly in force; Sch. 10 para. 12 not in force at Royal Assent see s. 76(3); Sch. 10 para. 12(7)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 12(1)(2)(6) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 12 (3)-(5)(7)(a) and (8) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

The Water Industry Act 1991 (c.56)U.K.

13(1)The Water Industry Act 1991 is amended as follows.U.K.

(2)[F182In section 12(5) (determinations under conditions of appointment)—

(a)after “this Act”, insert “ or ”;

(b)omit “or the 1980 Act”.]

(3)[F182In section 14 (modification references to Competition Commission), for subsections (7) and (8) substitute—

“(7)The provisions mentioned in subsection (7A) are to apply in relation to references under this section as if—

(a)the functions of the Competition Commission in relation to those references were functions under the 1973 Act;

(b)the expression “merger reference” included a reference under this section;

(c)in section 70 of the 1973 Act—

(i)references to the Secretary of State were references to the Director, and

(ii)the reference to three months were a reference to six months.

(7A)The provisions are—

(a)sections 70 (time limit for report on merger) and 85 (attendance of witnesses and production of documents) of the 1973 Act;

(b)Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and

(c)section 24 of the 1980 Act (modification of provisions about performance of such functions).

(8)For the purposes of references under this section, the Secretary of State is to appoint not less than eight members of the Competition Commission.

(8A)In selecting a group to perform the Commission’s functions in relation to any such reference, the chairman of the Commission must select one or more of the members appointed under subsection (8) to be members of the group.”]

(4)In section 15, omit subsection (2) (which falls with the repeal of the Restrictive Trade Practices Act 1976).

(5)In section 17 (modification by order under other enactments)—

(a)in subsection (1), omit paragraph (b) and the “or” immediately before it;

(b)in subsection (2)—

(i)after paragraph (a), insert “ or ”;

(ii)omit paragraph (c) and the “or” immediately before it;

(c)in subsection (4), omit “or the 1980 Act”.

(6)In section 19 (exceptions to duty to enforce), after subsection (1), insert—

“(1A)The Director shall not be required to make an enforcement order, or to confirm a provisional enforcement order, if he is satisfied that the most appropriate way of proceeding is under the Competition Act 1998.”

(7)In section 19(3), after “subsection (1) above”, insert “ or, in the case of the Director, is satisfied as mentioned in subsection (1A) above, ”.

F183(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)After section 206(9) (restriction on disclosure of information), insert—

“(9A)Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (9) of this section.”

(10)In Schedule 15 (disclosure of information), in Part II (enactments in respect of which disclosure may be made)—

(a)omit the entries relating to the M31Restrictive Trade Practices Act 1976 and the M32Resale Prices Act 1976;

(b)after the entry relating to the M33Railways Act 1993, insert the entry— “ The Competition Act 1998 ”.

Textual Amendments

F182Sch. 10 para. 13(2)(3) repealed (1.4.2004 for specified purposes, 1.10.2004 in so far as not already in force) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 32(4)(b), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y)(z), Sch. 2; S.I. 2004/2528, art. 2(t)(ii)(u)

F183Sch. 10 para. 13(8) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I13Sch. 10 para. 13 wholly in force; Sch. 10 para. 13 not in force at Royal Assent see s. 76(3); Sch. 10 para. 13(10)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 13(1)(3)(8) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 13 (2)(4)-(7)(9) and (10)(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

The Water Resources Act 1991 (c.57)U.K.

14U.K.In Schedule 24 to the Water Resources Act 1991 (disclosure of information), in Part II (enactments in respect of which disclosure may be made)—

(a)omit the entries relating to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976;

(b)after the entry relating to the M34Coal Industry Act 1994, insert the entry— “ The Competition Act 1998 ”.

Commencement Information

I14Sch. 10 para. 14 wholly in force; Sch. 10 para. 14 not in force at Royal Assent see s. 76(3); Sch. 10 para. 14(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 14(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

The Railways Act 1993 (c.43)U.K.

15(1)The Railways Act 1993 is amended as follows.U.K.

F184(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 14, omit subsection (2) (which falls with the repeal of the M35Restrictive Trade Practices Act 1976).

F185(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 22, after subsection (6), insert—

“(6A)Neither the Director General of Fair Trading nor the Regulator may exercise, in respect of an access agreement, the powers given by section 32 (enforcement directions) or section 35(2) (interim directions) of the Competition Act 1998.

(6B)Subsection (6A) does not apply to the exercise of the powers given by section 35(2) in respect of conduct—

(a)which is connected with an access agreement; and

(b)in respect of which section 35(1)(b) of that Act applies.”

(6)In section 55 (orders for securing compliance), after subsection (5), insert—

“(5A)The Regulator shall not make a final order, or make or confirm a provisional order, in relation to a licence holder or person under closure restrictions if he is satisfied that the most appropriate way of proceeding is under the Competition Act 1998.”

(7)In section 55—

F186(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (11), for “subsection (10)” substitute “ subsections (5A) and (10) ”.

(8)Omit section 131 (modification of Restrictive Trade Practices Act 1976).

(9)In section 145(3) (general restrictions on disclosure of information)—

(a)omit paragraphs (d) and (e) (which refer to the M36Restrictive Trade Practices Act 1976 and the M37Resale Prices Act 1976);

(b)after paragraph (q), insert—

“(qq)the Competition Act 1998.”

(10)After section 145(6), insert—

“(6A)Information obtained by the Regulator in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (6) of this section.”

Textual Amendments

F185Sch. 10 para. 15(4) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F186Sch. 10 para. 15(7)(a) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art 3(1), Sch. 2 Pt. I

Commencement Information

I15Sch. 10 para. 15 wholly in force; Sch. 10 para. 15 not in force at Royal Assent see s. 76(3); Sch. 10 para. 15(9)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 15(1)(2) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 15(3)-(8), (9)(a) and (10) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

The Channel Tunnel Rail Link Act 1996 (c.61)U.K.

16(1)The Channel Tunnel Rail Link Act 1996 is amended as follows.U.K.

(2)In section 21 (duties as to exercise of regulatory functions), in subsection (6), at the end of the paragraph about regulatory functions, insert “other than any functions assigned to him by virtue of section 67(3) of that Act (“Competition Act functions”).

(7)The Regulator may, when exercising any Competition Act function, have regard to any matter to which he would have regard if—

(a)he were under the duty imposed by subsection (1) or (2) above in relation to that function; and

(b)the matter is one to which the Director General of Fair Trading could have regard if he were exercising that function.”

(3)In section 22 (restriction of functions in relation to competition etc.), for subsection (3) substitute—

“(3)The Rail Regulator shall not be entitled to exercise any functions assigned to him by section 67(3) of the M38Railways Act 1993 (by virtue of which he exercises concurrently with the Director General of Fair Trading certain functions under Part I of the Competition Act 1998 so far as relating to matters connected with the supply of railway services) in relation to—

(a)any agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act that have been entered into or taken by, or

(b)any conduct of the kind mentioned in section 18(1) of that Act that has been engaged in by,

a rail link undertaker in connection with the supply of railway services, so far as relating to the rail link.”

Marginal Citations

Part VU.K. Minor and Consequential Amendments: Northern Ireland

The Electricity (Northern Ireland) Order 1992U.K.

17(1)The M39Electricity (Northern Ireland) Order 1992 is amended as follows.U.K.

(2)In Article 15 (modification references to Competition Commission), for paragraphs (8) and (9) substitute—

“(8)The provisions mentioned in paragraph (8A) are to apply in relation to references under this Article as if—

(a)the functions of the Competition Commission in relation to those references were functions under the 1973 Act;

(b)“merger reference” included a reference under this Article;

(c)in section 70 of the 1973 Act—

(i)references to the Secretary of State were references to the Director, and

(ii)the reference to three months were a reference to six months.

(8A)The provisions are—

(a)sections 70 (time limit for report on merger) and 85 (attendance of witnesses and production of documents) of the 1973 Act;

(b)Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and

(c)section 24 of the 1980 Act (modification of provisions about performance of such functions).

(9)The Secretary of State may appoint members of the Competition Commission for the purposes of references under this Article.

(9A)In selecting a group to perform the Commission’s functions in relation to any such reference, the chairman of the Commission must select up to three of the members appointed under paragraph (9) to be members of the group.”

(3)In Article 16, omit paragraph (2) (which falls with the repeal of the M40Restrictive Trade Practices Act 1976).

(4)In Article 18 (modification by order under other statutory provisions)—

(a)in paragraph (1), omit sub-paragraph (b) and the “or” immediately before it;

(b)in paragraph (2)—

(i)after sub-paragraph (a), insert “ or ”;

(ii)omit sub-paragraph (c) and the “or” immediately before it;

(c)in paragraph (3), omit “or the 1980 Act”.

(5)[F187In Article 28 (orders for securing compliance), in paragraph (5), after sub-paragraph (b), omit “or” and after sub-paragraph (c), insert “or

(d)that the most appropriate way of proceeding is under the Competition Act 1998.”]

F188(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)[F189In Article 61(3) (general restrictions on disclosure of information)—

(a)omit sub-paragraphs (f) and (g) (which refer to the Restrictive Trade Practices Act 1976 and the M41Resale Prices Act 1976);

(b)after sub-paragraph (t), add—

“(u)the Competition Act 1998”.]

(8)[F189At the end of Article 61, insert—

“(7)Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to paragraphs (1) to (6).”]

(9)In Schedule 12, omit paragraph 16 (which amends the M42Restrictive Trade Practices Act 1976).

Textual Amendments

F188Sch. 10 para. 17(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I16Sch. 10 para. 17 partly in force; Sch. 10 para. 17 not in force at Royal Assent see s. 76(3); Sch. 10 para. 17(7)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 17(1)(2)(6) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 17(3)-(5)(7)(a)(8) and (9) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

The Gas (Northern Ireland) Order 1996U.K.

18(1)The M43Gas (Northern Ireland) Order 1996 is amended as follows.U.K.

F190(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In Article 16, omit paragraph (2) (which falls with the repeal of the Restrictive Trade Practices Act 1976).

(4)In Article 18 (modification by order under other statutory provisions)—

(a)in paragraph (1), omit sub-paragraph (b) and the “or” immediately before it;

(b)in paragraph (3)—

(i)after sub-paragraph (a), insert “ or ”;

(ii)omit sub-paragraph (c) and the “or” immediately before it;

(c)in paragraph (5), omit “or the 1980 Act”.

(5)[F191In Article 19 (orders for securing compliance), in paragraph (5), after sub-paragraph (b), omit “or” and after sub-paragraph (c), insert “or

(d)that the most appropriate way of proceeding is under the Competition Act 1998.”]

(6)[F191In Article 44(4) (general restrictions on disclosure of information)—

(a)omit sub-paragraphs (f) and (g) (which refer to the Restrictive Trade Practices Act 1976 and the M44Resale Prices Act 1976);

(b)after sub-paragraph (u), add—

“(v)the Competition Act 1998”.]

(7)[F192At the end of Article 44, insert—

“(8)Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to paragraphs (1) to (7).”]

Textual Amendments

Commencement Information

I17Sch. 10 para. 18 partly in force; Sch. 10 para. 18 not in force at Royal Assent see s. 76(3); Sch. 10 para. 18(6)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 18(1)(2) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 18(3)-(5)(6)(a) and (7) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

Section 55(4).

F193SCHEDULE 11U.K. Interpretation of Section 55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 74(1).

SCHEDULE 12U.K. Minor and Consequential Amendments

The Fair Trading Act 1973 (c.41)U.K.

1(1)The Fair Trading Act 1973 is amended as follows.U.K.

(2)Omit section 4 and Schedule 3 (which make provision in respect of the Monopolies and Mergers Commission).

(3)Omit—

(a)section 10(2),

(b)section 54(5),

(c)section 78(3),

(d)paragraph 3(1) and (2) of Schedule 8,

(which fall with the repeal of the M45Restrictive Trade Practices Act 1976).

F194(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Omit section 45 (power of the Director to require information about complex monopoly situations).

F195(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)In section 135(1) (financial provisions)—

(a)in the words before paragraph (a) and in paragraph (b), omit “or the Commission”; and

(b)omit paragraph (a).

Textual Amendments

F194Sch. 12 para. 1(4)-(7) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F197Sch. 12 para. 1(14) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I18Sch. 12 para. 1 wholly in force; Sch. 12 para. 1 not in force at Royal Assent see s. 76(3); Sch. 12 para. 1(14) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 12 para. 1(1)(2)(9)-(13)(15) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 12 para. 1(3)(a)(b)(d) in force at 10.11.1999 by S.I. 1999/2859, art. 2; Sch. 12 para. 1(3)(c)(4)-(8) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

The Energy Act 1976 (c.76)U.K.

2U.K.In the Energy Act 1976, omit section 5 (temporary relief from restrictive practices law in relation to certain agreements connected with petroleum).

The Estate Agents Act 1979 (c.38)U.K.

3U.K.In section 10(3) of the Estate Agents Act 1979 (restriction on disclosure of information), in paragraph (a)—

(a)omit “or the M46Restrictive Trade Practices Act 1976”; and

(b)after “the M47Coal Industry Act 1994”, insert “ or the Competition Act 1998 ”.

Commencement Information

I19Sch. 12 para. 3 wholly in force; Sch. 12 para. 3 not in force at Royal Assent see s. 76(3); Sch. 12 para. 3(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 12 para. 3(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

The Competition Act 1980 (c.21)U.K.

4(1)The Competition Act 1980 is amended as follows.U.K.

(2)In section 11(8) (public bodies and other persons referred to the Commission), omit paragraph (b) and the “and” immediately before it.

(3)[F198For section 11(9) (which makes provision for certain functions of the Competition Commission under the M48Fair Trading Act 1973 to apply in relation to references under the Competition Act 1980) substitute—

“(9)The provisions mentioned in subsection (9A) are to apply in relation to a reference under this section as if—

(a)the functions of the Competition Commission under this section were functions under the Fair Trading Act 1973;

(b)the expression “merger reference” included a reference to the Commission under this section; and

(c)in paragraph 20(2)(a) of Schedule 7 to the Competition Act 1998, the reference to section 56 of the Fair Trading Act 1973 were a reference to section 12 below.

(9A)The provisions are—

(a)sections 70 (time limit for report on merger), 84 (public interest) and 85 (attendance of witnesses and production of documents) of the Fair Trading Act 1973; and

(b)Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions).”]

(4)[F198In section 13 (investigation of prices directed by Secretary of State)—

(a)in subsection (1), omit from “but the giving” to the end;

(b)for subsection (6) substitute—

“(6)For the purposes of an investigation under this section the Director may, by notice in writing signed by him—

(a)require any person to produce—

(i)at a time and a place specified in the notice,

(ii)to the Director or to any person appointed by him for the purpose,

any documents which are specified or described in the notice and which are documents in his custody or under his control and relating to any matter relevant to the investigation; or

(b)require any person carrying on any business to—

(i)furnish to the Director such estimates, forecasts, returns or other information as may be specified or described in the notice; and

(ii)specify the time, manner and form in which any such estimates, forecasts, returns or information are to be furnished.

(7)No person shall be compelled, for the purpose of any investigation under this section—

(a)to produce any document which he could not be compelled to produce in civil proceedings before the High Court or, in Scotland, the Court of Session; or

(b)in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in such proceedings.

(8)Subsections (6) to (8) of section 85 of the M49Fair Trading Act 1973 (enforcement provisions relating to notices requiring production of documents etc.) shall apply in relation to a notice under subsection (6) above as they apply in relation to a notice under section 85(1) but as if, in section 85(7), for the words from “any one” to “the Commission” there were substituted “the Director.””]

(5)In section 15 (special provisions for agricultural schemes) omit subsections (2)(b), (3) and (4).

(6)In section 16 (reports), omit subsection (3).

(7)In section 17 (publication etc. of reports)—

(a)in subsections (1) and (3) to (5), omit “8(1)”;

(b)in subsection (2), omit “8(1) or”; and

(c)in subsection (6), for “sections 9, 10 or” substitute “ section ”.

(8)In section 19(3) (restriction on disclosure of information), omit paragraphs (d) and (e).

(9)In section 19(3), after paragraph (q), insert—

“(r)the Competition Act 1998”.

(10)In section 19(5)(a), omit “or in anything published under section 4(2)(a) above”.

(11)Omit section 22 (which amends the M50Fair Trading Act 1973).

F199(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)Omit sections 25 to 30 (amendments of the M51Restrictive Trade Practices Act 1976).

(14)In section 31 (orders and regulations)—

(a)omit subsection (2); and

(b)in subsection (3), omit “10”.

(15)In section 33 (short title etc)—

F200(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)omit subsections (3) and (4).

Textual Amendments

F198Sch. 12 para. 4(3)(4) repealed (20.6.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F199Sch. 12 para. 4(12) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F200Sch. 12 para. 4(15)(a) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I20Sch. 12 para. 4 wholly in force; Sch. 12 para. 4 not in force at Royal Assent see s. 76(3); Sch. 12 para. 4(9)(11) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 12 para. 4(1)(3)(12) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 12 para. 4(2), (4)-(8)(10)(13)-(15) in force at 1.3.2000 by S.I. 2000/344, art. 2, SCh.

Marginal Citations

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))U.K.

5U.K.In Schedule 6 to the Magistrates’ Courts (Northern Ireland) Order 1981, omit paragraphs 42 and 43 (which amend the Restrictive Trade Practices Act 1976).

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))U.K.

6U.K.In Schedule 8 to the Agricultural Marketing (Northern Ireland) Order 1982—

(a)omit the entry relating to paragraph 16(2) of Schedule 3 to the M52Fair Trading Act 1973; and

(b)in the entry relating to the M53Competition Act 1980—

(i)for “sections” substitute “ section ”;

(ii)omit “and 15(3)”.

Commencement Information

I21Sch. 12 para. 6 wholly in force; Sch. 12 para. 6 not in force at Royal Assent see s. 76(3); Sch. 12 para. 6(a) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 12 para. 6(b) in force at 1.3.2000 by S. I. 2000/344, art. 2, Sch.

Marginal Citations

The Airports Act 1986 (c.31)U.K.

F2017U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F202...U.K.

Textual Amendments

F202Sch. 12 para. 8 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.

8U.K.In Schedule 11 to the Financial Services Act 1986, in paragraph 12—

(a)in sub-paragraph (1), omit “126”;

(b)omit sub-paragraph (2).

The Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986 (S.I. 1986/1035 (N.I. 9))U.K.

9U.K.In Part II of Schedule 1 to the M54Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986, omit the entries relating to the M55Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976.

Marginal Citations

The Consumer Protection Act 1987 (c.43)U.K.

10U.K.In section 38(3) of the Consumer Protection Act 1987 (restrictions on disclosure of information)—

(a)omit paragraphs (e) and (f); and

(b)after paragraph (o), insert—

“(p)the Competition Act 1998.”

Commencement Information

I22Sch. 12 para. 10 wholly in force; Sch. 12 para. 10 not in force at Royal Assent see s. 76(3); Sch. 12 para. 10(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 12 para. 10(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

The Channel Tunnel Act 1987 (c.53)U.K.

F20311U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Road Traffic (Consequential Provisions) Act 1988 (c.54)U.K.

12U.K.In Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (consequential amendments), omit paragraph 19.

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

13U.K.In Schedule 20 to the Companies Act 1989 (amendments about mergers and related matters), omit paragraphs 21 to 24.

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

F20414U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Tribunals and Inquiries Act 1992 (c.53)U.K.

15U.K.In Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals), after paragraph 9, insert—

“Competition9A. An appeal tribunal established under section 48 of the Competition Act 1998.”

The Osteopaths Act 1993 (c.21)U.K.

F20516U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Chiropractors Act 1994 (c.17)U.K.

F20617U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Coal Industry Act 1994 (c.21)U.K.

18U.K.In section 59(4) of the Coal Industry Act 1994 (information to be kept confidential by the Coal Authority)—

(a)omit paragraphs (e) and (f); and

(b)after paragraph (m), insert—

“(n)the Competition Act 1998.”

Commencement Information

I23Sch. 12 para. 18 wholly in force; Sch. 12 para. 18 not in force at Royal Assent see s. 76(3); Sch. 12 para. 18(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 12 para. 18(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

The Deregulation and Contracting Out Act 1994 (c.40)U.K.

19(1)The Deregulation and Contracting Out Act 1994 is amended as follows.U.K.

(2)Omit—

(a)section 10 (restrictive trade practices: non-notifiable agreements); and

(b)section 11 (registration of commercially sensitive information).

(3)In section 12 (anti-competitive practices: competition references), omit subsections (1) to (6).

(4)In Schedule 4, omit paragraph 1.

(5)In Schedule 11 (miscellaneous deregulatory provisions: consequential amendments), in paragraph 4, omit sub-paragraphs (3) to (7).

The Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))U.K.

F20720U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Broadcasting Act 1996 (c.55)U.K.

21U.K.In section 77 of the Broadcasting Act 1996 (which modifies the Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision), omit subsection (2).

Section 74(2).

SCHEDULE 13U.K. Transitional Provisions and Savings

Part IU.K. General

InterpretationU.K.

1(1)In this Schedule—U.K.

  • “RPA” means the M56Resale Prices Act 1976;

  • “RTPA” means the Restrictive Trade Practices Act 1976;

  • “continuing proceedings” has the meaning given by paragraph 15;

  • “the Court” means the Restrictive Practices Court;

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

  • “document” includes information recorded in any form;

  • “enactment date” means the date on which this Act is passed;

  • “information” includes estimates and forecasts;

  • “interim period” means the period beginning on the enactment date and ending immediately before the starting date;

  • “prescribed” means prescribed by an order made by the Secretary of State;

  • “regulator” means any person mentioned in paragraphs (a) to (g) of paragraph 1 of Schedule 10 [F208and the Civil Aviation Authority];

  • “starting date” means the date on which section 2 comes into force;

  • “transitional period” means the transitional period provided for in Chapters III and IV of Part IV of this Schedule.

(2)Sections 30, 44, 51, 53, 55, 56, 57 and 59(3) and (4) and paragraph 12 of Schedule 9 (“the applied provisions”) apply for the purposes of this Schedule as they apply for the purposes of Part I of this Act.

(3)Section 2(5) applies for the purposes of any provisions of this Schedule which are concerned with the operation of the Chapter I prohibition as it applies for the purposes of Part I of this Act.

(4)In relation to any of the matters in respect of which a regulator may exercise powers as a result of paragraph 35(1), the applied provisions are to have effect as if references to the Director included references to the regulator.

(5)The fact that to a limited extent the Chapter I prohibition does not apply to an agreement, because a transitional period is provided by virtue of this Schedule, does not require those provisions of the agreement in respect of which there is a transitional period to be disregarded when considering whether the agreement infringes the prohibition for other reasons.

Textual Amendments

F208Words in the definition of “regulator” in Sch. 13 para. 1(1) inserted (1.2.2001) by 2000 c. 38, ss. 97, Sch. 8 Pt. IV para. 16(2) (with s. 106); S.I. 2001/57, art. 3, Sch. 2 Pt. I

Marginal Citations

General power to make transitional provision and savingsU.K.

2(1)Nothing in this Schedule affects the power of the Secretary of State under section 75 to make transitional provisions or savings.U.K.

(2)An order under that section may modify any provision made by this Schedule.

Advice and informationU.K.

3(1)The Director may publish advice and information explaining provisions of this Schedule to persons who are likely to be affected by them.U.K.

(2)Any advice or information published by the Director under this paragraph is to be published in such form and manner as he considers appropriate.

Modifications etc. (not altering text)

C10Sch. 13 para. 3 modified (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(8), 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)

Part IIU.K. During the Interim Period

Block exemptionsU.K.

4(1)The Secretary of State may, at any time during the interim period, make one or more orders for the purpose of providing block exemptions which are effective on the starting date.U.K.

(2)An order under this paragraph has effect as if properly made under section 6.

Certain agreements to be non-notifiable agreementsU.K.

5U.K.An agreement which—

(a)is made during the interim period, and

(b)satisfies the conditions set out in paragraphs (a), (c) and (d) of section 27A(1) of the RTPA,

is to be treated as a non-notifiable agreement for the purposes of the RTPA.

Application of RTPA during the interim periodU.K.

6U.K.In relation to agreements made during the interim period—

(a)the Director is no longer under the duty to take proceedings imposed by section 1(2)(c) of the RTPA but may continue to do so;

(b)section 21 of that Act has effect as if subsections (1) and (2) were omitted; and

(c)section 35(1) of that Act has effect as if the words “or within such further time as the Director may, upon application made within that time, allow” were omitted.

GuidanceU.K.

7(1)Sub-paragraphs (2) to (4) apply in relation to agreements made during the interim period.U.K.

(2)An application may be made to the Director in anticipation of the coming into force of section 13 in accordance with directions given by the Director and such an application is to have effect on and after the starting date as if properly made under section 13.

(3)The Director may, in response to such an application—

(a)give guidance in anticipation of the coming into force of section 2; or

(b)on and after the starting date, give guidance under section 15 as if the application had been properly made under section 13.

(4)Any guidance so given is to have effect on and after the starting date as if properly given under section 15.

Modifications etc. (not altering text)

C11Sch. 13 para. 7 modified (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(8), 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)

Part IIIU.K. On the Starting Date

Applications which fallU.K.

8(1)Proceedings in respect of an application which is made to the Court under any of the provisions mentioned in sub-paragraph (2), but which is not determined before the starting date, cease on that date.U.K.

(2)The provisions are—

(a)sections 2(2), 35(3), 37(1) and 40(1) of the RTPA and paragraph 5 of Schedule 4 to that Act;

(b)section 4(1) of the RTPA so far as the application relates to an order under section 2(2) of that Act; and

(c)section 25(2) of the RPA.

(3)The power of the Court to make an order for costs in relation to any proceedings is not affected by anything in this paragraph or by the repeals made by section 1.

Orders and approvals which fallU.K.

9(1)An order in force immediately before the starting date under—U.K.

(a)section 2(2), 29(1), 30(1), 33(4), 35(3) or 37(1) of the RTPA; or

(b)section 25(2) of the RPA,

ceases to have effect on that date.

(2)An approval in force immediately before the starting date under section 32 of the RTPA ceases to have effect on that date.

Part IVU.K. On and After the Starting Date

Chapter IU.K. General

Duty of Director to maintain register etc.U.K.

10(1)This paragraph applies even though the relevant provisions of the RTPA are repealed by this Act.U.K.

(2)The Director is to continue on and after the starting date to be under the duty imposed by section 1(2)(a) of the RTPA to maintain a register in respect of agreements—

(a)particulars of which are, on the starting date, entered or filed on the register;

(b)which fall within sub-paragraph (4);

(c)which immediately before the starting date are the subject of proceedings under the RTPA which do not cease on that date by virtue of this Schedule; or

(d)in relation to which a court gives directions to the Director after the starting date in the course of proceedings in which a question arises as to whether an agreement was, before that date—

(i)one to which the RTPA applied;

(ii)subject to registration under that Act;

(iii)a non-notifiable agreement for the purposes of that Act.

(3)The Director is to continue on and after the starting date to be under the duties imposed by section 1(2)(a) and (b) of the RTPA of compiling a register of agreements and entering or filing certain particulars in the register, but only in respect of agreements of a kind referred to in paragraph (b), (c) or (d) of sub-paragraph (2).

(4)An agreement falls within this sub-paragraph if—

(a)it is subject to registration under the RTPA but—

(i)is not a non-notifiable agreement within the meaning of section 27A of the RTPA, or

(ii)is not one to which paragraph 5 applies;

(b)particulars of the agreement have been provided to the Director before the starting date; and

(c)as at the starting date no entry or filing has been made in the register in respect of the agreement.

(5)Sections 23 and 27 of the RTPA are to apply after the starting date in respect of the register subject to such modifications, if any, as may be prescribed.

(6)In sub-paragraph (2)(d) “court” means—

(a)the High Court;

(b)the Court of Appeal;

(c)the Court of Session;

(d)the High Court or Court of Appeal in Northern Ireland; or

[F209(e)the Supreme Court.]

Textual Amendments

Commencement Information

I24Sch. 13 para. 10 wholly in force; Sch. 13 para. 10 not in force at Royal Assent see s. 76(3); Sch. 13 para. 10(5) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.Sch. 13 para. 10(1)-(4) and (6) fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

RTPA section 3 applicationsU.K.

11(1)Even though section 3 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply, with such modifications (if any) as may be prescribed—U.K.

(a)in relation to a continuing application under that section; or

(b)so as to allow an application to be made under that section on or after the starting date in respect of a continuing application under section 1(3) of the RTPA.

(2)“Continuing application” means an application made, but not determined, before the starting date.

Commencement Information

I25Sch. 13 para. 11 partly in force; Sch. 13 para. 11 not in force at Royal Assent see s. 76(3); Sch. 13 para. 11 in force for certain purposes at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.

RTPA section 26 applicationsU.K.

12(1)Even though section 26 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply, with such modifications (if any) as may be prescribed, in relation to an application which is made under that section, but not determined, before the starting date.U.K.

(2)If an application under section 26 is determined on or after the starting date, this Schedule has effect in relation to the agreement concerned as if the application had been determined immediately before that date.

Commencement Information

I26Sch. 13 para. 12 wholly in force; Sch. 13 para. 12 not in force at Royal Assent see s. 76(3); Sch. 13 para. 12(1) in force for certain purposes at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 13 para. 12(1) and (2) fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Right to bring civil proceedingsU.K.

13(1)Even though section 35 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply in respect of a person who, immediately before the starting date, has a right by virtue of section 27ZA or 35(2) of that Act to bring civil proceedings in respect of an agreement (but only so far as that right relates to any period before the starting date or, where there are continuing proceedings, the determination of the proceedings).U.K.

(2)Even though section 25 of the RPA is repealed by this Act, the provisions of that section (and so far as necessary that Act) are to continue to apply in respect of a person who, immediately before the starting date, has a right by virtue of subsection (3) of that section to bring civil proceedings (but only so far as that right relates to any period before the starting date or, where there are continuing proceedings, the determination of the proceedings).

Chapter IIU.K. Continuing Proceedings

The general ruleU.K.

14(1)The Chapter I prohibition does not apply to an agreement at any time when the agreement is the subject of continuing proceedings under the RTPA.U.K.

(2)The Chapter I prohibition does not apply to an agreement relating to goods which are the subject of continuing proceedings under section 16 or 17 of the RPA to the extent to which the agreement consists of exempt provisions.

(3)In sub-paragraph (2) “exempt provisions” means those provisions of the agreement which would, disregarding section 14 of the RPA, be—

(a)void as a result of section 9(1) of the RPA; or

(b)unlawful as a result of section 9(2) or 11 of the RPA.

(4)If the Chapter I prohibition does not apply to an agreement because of this paragraph, the provisions of, or made under, the RTPA or the RPA are to continue to have effect in relation to the agreement.

(5)The repeals made by section 1 do not affect—

(a)continuing proceedings; or

(b)proceedings of the kind referred to in paragraph 11 or 12 of this Schedule which are continuing after the starting date.

Meaning of “continuing proceedings”U.K.

15(1)For the purposes of this Schedule “continuing proceedings” means proceedings in respect of an application made to the Court under the RTPA or the RPA, but not determined, before the starting date.U.K.

(2)But proceedings under section 3 or 26 of the RTPA to which paragraph 11 or 12 applies are not continuing proceedings.

(3)The question whether (for the purposes of Part III, or this Part, of this Schedule) an application has been determined is to be decided in accordance with sub-paragraphs (4) and (5).

(4)If an appeal against the decision on the application is brought, the application is not determined until—

(a)the appeal is disposed of or withdrawn; or

(b)if as a result of the appeal the case is referred back to the Court—

(i)the expiry of the period within which an appeal (“the further appeal”) in respect of the Court’s decision on that reference could have been brought had this Act not been passed; or

(ii)if later, the date on which the further appeal is disposed of or withdrawn.

(5)Otherwise, the application is not determined until the expiry of the period within which any party to the application would have been able to bring an appeal against the decision on the application had this Act not been passed.

RTPA section 4 proceedingsU.K.

16U.K.Proceedings on an application for an order under section 4 of the RTPA are also continuing proceedings if—

(a)leave to make the application is applied for before the starting date but the proceedings in respect of that application for leave are not determined before that date; or

(b)leave to make an application for an order under that section is granted before the starting date but the application itself is not made before that date.

RPA section 16 or 17 proceedingsU.K.

17U.K.Proceedings on an application for an order under section 16 or 17 of the RPA are also continuing proceedings if—

(a)leave to make the application is applied for before the starting date but the proceedings in respect of that application for leave are not determined before that date; or

(b)leave to make an application for an order under section 16 or 17 of the RPA is granted before the starting date, but the application itself is not made before that date.

Continuing proceedings which are discontinuedU.K.

18(1)On an application made jointly to the Court by all the parties to any continuing proceedings, the Court must, if it is satisfied that the parties wish it to do so, discontinue the proceedings.U.K.

(2)If, on an application under sub-paragraph (1) or for any other reason, the Court orders the proceedings to be discontinued, this Schedule has effect (subject to paragraphs 21 and 22) from the date on which the proceedings are discontinued as if they had never been instituted.

Chapter IIIU.K. The Transitional Period

The general ruleU.K.

19(1)Except where this Chapter or Chapter IV provides otherwise, there is a transitional period, beginning on the starting date and lasting for one year, for any agreement made before the starting date.U.K.

(2)The Chapter I prohibition does not apply to an agreement to the extent to which there is a transitional period for the agreement.

(3)The Secretary of State may by regulations provide for sections 13 to 16 and Schedule 5 to apply with such modifications (if any) as may be specified in the regulations, in respect of applications to the Director about agreements for which there is a transitional period.

Modifications etc. (not altering text)

C12Sch. 13 para. 19(3) modified (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(8), 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)

Commencement Information

I27Sch. 13 para. 19 wholly in force; Sch. 13 para. 19 not in force at Royal Assent see s. 76(3); Sch. 13 para. 19(3) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 13 para. 19(1) and (2) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Cases for which there is no transitional periodU.K.

20(1)There is no transitional period for an agreement to the extent to which, immediately before the starting date, it is—U.K.

(a)void under section 2(1) or 35(1)(a) of the RTPA;

(b)the subject of an order under section 2(2) or 35(3) of the RTPA; or

(c)unlawful under section 1, 2 or 11 of the RPA or void under section 9 of that Act.

(2)There is no transitional period for an agreement to the extent to which, before the starting date, a person has acted unlawfully for the purposes of section 27ZA(2) or (3) of the RTPA in respect of the agreement.

(3)There is no transitional period for an agreement to which paragraph 25(4) applies.

(4)There is no transitional period for—

(a)an agreement in respect of which there are continuing proceedings, or

(b)an agreement relating to goods in respect of which there are continuing proceedings,

to the extent to which the agreement is, when the proceedings are determined, void or unlawful.

Continuing proceedings under the RTPAU.K.

21U.K.In the case of an agreement which is the subject of continuing proceedings under the RTPA, the transitional period begins—

(a)if the proceedings are discontinued, on the date of discontinuance;

(b)otherwise, when the proceedings are determined.

Continuing proceedings under the RPAU.K.

22(1)In the case of an agreement relating to goods which are the subject of continuing proceedings under the RPA, the transitional period for the exempt provisions of the agreement begins—U.K.

(a)if the proceedings are discontinued, on the date of discontinuance;

(b)otherwise, when the proceedings are determined.

(2)In sub-paragraph (1) “exempt provisions” has the meaning given by paragraph 14(3).

Provisions not contrary to public interestU.K.

23(1)To the extent to which an agreement contains provisions which, immediately before the starting date, are provisions which the Court has found not to be contrary to the public interest, the transitional period lasts for five years.U.K.

(2)Sub-paragraph (1) is subject to paragraph 20(4).

(3)To the extent to which an agreement which on the starting date is the subject of continuing proceedings is, when the proceedings are determined, found by the Court not to be contrary to the public interest, the transitional period lasts for five years.

GoodsU.K.

24(1)In the case of an agreement relating to goods which, immediately before the starting date, are exempt under section 14 of the RPA, there is a transitional period for the agreement to the extent to which it consists of exempt provisions.U.K.

(2)Sub-paragraph (1) is subject to paragraph 20(4).

(3)In the case of an agreement relating to goods—

(a)which on the starting date are the subject of continuing proceedings, and

(b)which, when the proceedings are determined, are found to be exempt under section 14 of the RPA,

there is a transitional period for the agreement, to the extent to which it consists of exempt provisions.

(4)In each case, the transitional period lasts for five years.

(5)In sub-paragraphs (1) and (3) “exempt provisions” means those provisions of the agreement which would, disregarding section 14 of the RPA, be—

(a)void as a result of section 9(1) of the RPA; or

(b)unlawful as a result of section 9(2) or 11 of the RPA.

Transitional period for certain agreementsU.K.

25(1)This paragraph applies to agreements—U.K.

(a)which are subject to registration under the RTPA but which—

(i)are not non-notifiable agreements within the meaning of section 27A of the RTPA, or

(ii)are not agreements to which paragraph 5 applies; and

(b)in respect of which the time for furnishing relevant particulars as required by or under the RTPA expires on or after the starting date.

(2)“Relevant particulars” means—

(a)particulars which are required to be furnished by virtue of section 24 of the RTPA; or

(b)particulars of any variation of an agreement which are required to be furnished by virtue of sections 24 and 27 of the RTPA.

(3)There is a transitional period of one year for an agreement to which this paragraph applies if—

(a)relevant particulars are furnished before the starting date; and

(b)no person has acted unlawfully (for the purposes of section 27ZA(2) or (3) of the RTPA) in respect of the agreement.

(4)If relevant particulars are not furnished by the starting date, section 35(1)(a) of the RTPA does not apply in relation to the agreement (unless sub-paragraph (5) applies).

(5)This sub-paragraph applies if a person falling within section 27ZA(2) or (3) of the RTPA has acted unlawfully for the purposes of those subsections in respect of the agreement.

Special casesU.K.

26(1)In the case of an agreement in respect of which—U.K.

F210(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a direction under section 194A(3) of the M57Broadcasting Act 1990 (“the 1990 Act”) is in force immediately before the starting date,

the transitional period lasts for five years.

F211(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Sub-paragraphs (1) F212... do not affect the power of—

F213(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Secretary of State to make a declaration under section 194A of the 1990 Act (as amended by Schedule 2 to this Act),

in respect of an agreement for which there is a transitional period.

Textual Amendments

F210Sch. 13 para. 26(1)(a) 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.

F211Sch. 13 para. 26(2) 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.

F212Words in Sch. 13 para. 26(3) 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.

F213Sch. 13 para. 26(3)(a) 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.

Marginal Citations

Chapter IVU.K. The Utilities

GeneralU.K.

27U.K.In this Chapter “the relevant period” means the period beginning with the starting date and ending immediately before the fifth anniversary of that date.

ElectricityU.K.

28(1)For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of a section 100 order, there is a transitional period—U.K.

(a)beginning on the starting date; and

(b)ending at the end of the relevant period.

(2)For an agreement which is made at any time after the starting date and to which, had the RTPA not been repealed, that Act would not at the time at which the agreement is made have applied by virtue of a section 100 order, there is a transitional period—

(a)beginning on the date on which the agreement is made; and

(b)ending at the end of the relevant period.

(3)For an agreement (whether made before or after the starting date) which, during the relevant period, is varied at any time in such a way that it becomes an agreement which, had the RTPA not been repealed, would at that time have been one to which that Act did not apply by virtue of a section 100 order, there is a transitional period—

(a)beginning on the date on which the variation is made; and

(b)ending at the end of the relevant period.

(4)If an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) is varied during the relevant period, the transitional period for the agreement continues if, had the RTPA not been repealed, the agreement would have continued to be one to which that Act did not apply by virtue of a section 100 order.

(5)But if an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) ceases to be one to which, had it not been repealed, the RTPA would not have applied by virtue of a section 100 order, the transitional period ends on the date on which the agreement so ceases.

(6)Sub-paragraph (3) is subject to paragraph 20.

(7)In this paragraph and paragraph 29—

  • “section 100 order” means an order made under section 100 of the M58Electricity Act 1989; and

expressions which are also used in Part I of the Electricity Act 1989 have the same meaning as in that Part.

Marginal Citations

Electricity: power to make transitional ordersU.K.

29(1)There is a transitional period for an agreement (whether made before or after the starting date) relating to the generation, transmission or supply of electricity which—U.K.

(a)is specified, or is of a description specified, in an order (“a transitional order”) made by the Secretary of State (whether before or after the making of the agreement but before the end of the relevant period); and

(b)satisfies such conditions as may be specified in the order.

(2)A transitional order may make provision as to when the transitional period in respect of such an agreement is to start or to be deemed to have started.

(3)The transitional period for such an agreement ends at the end of the relevant period.

(4)But if the agreement—

(a)ceases to be one to which a transitional order applies, or

(b)ceases to satisfy one or more of the conditions specified in the transitional order,

the transitional period ends on the date on which the agreement so ceases.

(5)Before making a transitional order, the Secretary of State must consult the Director General of Electricity Supply and the Director.

(6)The conditions specified in a transitional order may include conditions which refer any matter to the Secretary of State for determination after such consultation as may be so specified.

(7)In the application of this paragraph to Northern Ireland, the reference in sub-paragraph (5) to the Director General of Electricity Supply is to be read as a reference to the Director General of Electricity Supply for Northern Ireland.

GasU.K.

30(1)For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of section 62 or a section 62 order, there is a transitional period—U.K.

(a)beginning on the starting date; and

(b)ending at the end of the relevant period.

(2)For an agreement which is made at any time after the starting date and to which, had the RTPA not been repealed, that Act would not at the time at which the agreement is made have applied by virtue of section 62 or a section 62 order, there is a transitional period—

(a)beginning on the date on which the agreement is made; and

(b)ending at the end of the relevant period.

(3)For an agreement (whether made before or after the starting date) which, during the relevant period, is varied at any time in such a way that it becomes an agreement which, had the RTPA not been repealed, would at that time have been one to which that Act did not apply by virtue of section 62 or a section 62 order, there is a transitional period—

(a)beginning on the date on which the variation is made; and

(b)ending at the end of the relevant period.

(4)If an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) is varied during the relevant period, the transitional period for the agreement continues if, had the RTPA not been repealed, the agreement would have continued to be one to which that Act did not apply by virtue of section 62 or a section 62 order.

(5)But if an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) ceases to be one to which, had it not been repealed, the RTPA would not have applied by virtue of section 62 or a section 62 order, the transitional period ends on the date on which the agreement so ceases.

(6)Sub-paragraph (3) also applies in relation to a modification which is treated as an agreement made on or after 28th November 1985 by virtue of section 62(4).

(7)Sub-paragraph (3) is subject to paragraph 20.

(8)In this paragraph and paragraph 31—

  • “section 62” means section 62 of the M59Gas Act 1986;

  • “section 62 order” means an order made under section 62.

Marginal Citations

Gas: power to make transitional ordersU.K.

31(1)There is a transitional period for an agreement of a description falling within section 62(2)(a) and (b) or section 62(2A)(a) and (b) which—U.K.

(a)is specified, or is of a description specified, in an order (“a transitional order”) made by the Secretary of State (whether before or after the making of the agreement but before the end of the relevant period); and

(b)satisfies such conditions as may be specified in the order.

(2)A transitional order may make provision as to when the transitional period in respect of such an agreement is to start or to be deemed to have started.

(3)The transitional period for such an agreement ends at the end of the relevant period.

(4)But if the agreement—

(a)ceases to be one to which a transitional order applies, or

(b)ceases to satisfy one or more of the conditions specified in the transitional order,

the transitional period ends on the date when the agreement so ceases.

(5)Before making a transitional order, the Secretary of State must consult the Director General of Gas Supply and the Director.

(6)The conditions specified in a transitional order may include—

(a)conditions which are to be satisfied in relation to a time before the coming into force of this paragraph;

(b)conditions which refer any matter (which may be the general question whether the Chapter I prohibition should apply to a particular agreement) to the Secretary of State, the Director or the Director General of Gas Supply for determination after such consultation as may be so specified.

Gas: Northern IrelandU.K.

32(1)For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of an Article 41 order, there is a transitional period—U.K.

(a)beginning on the starting date; and

(b)ending at the end of the relevant period.

(2)For an agreement which is made at any time after the starting date and to which, had the RTPA not been repealed, that Act would not at the time at which the agreement is made have applied by virtue of an Article 41 order, there is a transitional period—

(a)beginning on the date on which the agreement is made; and

(b)ending at the end of the relevant period.

(3)For an agreement (whether made before or after the starting date) which, during the relevant period, is varied at any time in such a way that it becomes an agreement which, had the RTPA not been repealed, would at that time have been one to which that Act did not apply by virtue of an Article 41 order, there is a transitional period—

(a)beginning on the date on which the variation is made; and

(b)ending at the end of the relevant period.

(4)If an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) is varied during the relevant period, the transitional period for the agreement continues if, had the RTPA not been repealed, the agreement would have continued to be one to which that Act did not apply by virtue of an Article 41 order.

(5)But if an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) ceases to be one to which, had it not been repealed, the RTPA would not have applied by virtue of an Article 41 order, the transitional period ends on the date on which the agreement so ceases.

(6)Sub-paragraph (3) is subject to paragraph 20.

(7)In this paragraph and paragraph 33—

  • “Article 41 order” means an order under Article 41 of the M60Gas (Northern Ireland) Order 1996;

  • “Department” means the Department of Economic Development.

Marginal Citations

Gas: Northern Ireland – power to make transitional ordersU.K.

33(1)There is a transitional period for an agreement of a description falling within Article 41(1) which—U.K.

(a)is specified, or is of a description specified, in an order (“a transitional order”) made by the Department (whether before or after the making of the agreement but before the end of the relevant period); and

(b)satisfies such conditions as may be specified in the order.

(2)A transitional order may make provision as to when the transitional period in respect of such an agreement is to start or to be deemed to have started.

(3)The transitional period for such an agreement ends at the end of the relevant period.

(4)But if the agreement—

(a)ceases to be one to which a transitional order applies, or

(b)ceases to satisfy one or more of the conditions specified in the transitional order,

the transitional period ends on the date when the agreement so ceases.

(5)Before making a transitional order, the Department must consult the Director General of Gas for Northern Ireland and the Director.

(6)The conditions specified in a transitional order may include conditions which refer any matter (which may be the general question whether the Chapter I prohibition should apply to a particular agreement) to the Department for determination after such consultation as may be so specified.

RailwaysU.K.

34(1)In this paragraph—U.K.

  • “section 131” means section 131 of the M61Railways Act 1993 (“the 1993 Act”);

  • “section 131 agreement” means an agreement—

    (a)

    to which the RTPA does not apply immediately before the starting date by virtue of section 131(1); or

    (b)

    in respect of which a direction under section 131(3) is in force immediately before that date;

  • “non-exempt agreement” means an agreement relating to the provision of railway services (whether made before or after the starting date) which is not a section 131 agreement; and

  • “railway services” has the meaning given by section 82 of the 1993 Act.

(2)For a section 131 agreement there is a transitional period of five years.

(3)There is a transitional period for a non-exempt agreement to the extent to which the agreement is at any time before the end of the relevant period required or approved—

(a)by the Secretary of State or the Rail Regulator in pursuance of any function assigned or transferred to him under or by virtue of any provision of the 1993 Act;

(b)by or under any agreement the making of which is required or approved by the Secretary of State or the Rail Regulator in the exercise of any such function; or

(c)by or under a licence granted under Part I of the 1993 Act.

(4)The transitional period conferred by sub-paragraph (3)—

(a)is to be taken to have begun on the starting date; and

(b)ends at the end of the relevant period.

(5)Sub-paragraph (3) is subject to paragraph 20.

(6)Any variation of a section 131 agreement on or after the starting date is to be treated, for the purposes of this paragraph, as a separate non-exempt agreement.

Marginal Citations

The regulatorsU.K.

35(1)Subject to sub-paragraph (3), each of the regulators may exercise, in respect of sectoral matters and concurrently with the Director, the functions of the Director under paragraph 3, 7, 19(3), 36, 37, 38 or 39.U.K.

(2)In sub-paragraph (1) “sectoral matters” means—

F214(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the case of the Director General of Gas Supply, the matters referred to in section 36A(3) and (4) of the M62Gas Act 1986;

(c)in the case of the Director General of Electricity Supply, the matters referred to in section 43(3) of the M63Electricity Act 1989;

(d)in the case of the Director General of Electricity Supply for Northern Ireland, the matters referred to in Article 46(3) of the M64Electricity (Northern Ireland) Order 1992;

(e)in the case of the [F215Water Services Regulation Authority], the matters referred to in section 31(3) of the M65Water Industry Act 1991;

(f)in the case of the Rail Regulator, the matters referred to in section 67(3) of the M66Railways Act 1993;

(g)in the case of the Director General of Gas for Northern Ireland, the matters referred to in Article 23(3) of the M67Gas (Northern Ireland) Order 1996.

[F216(h)in the case of the Civil Aviation Authority, the supply of air traffic services within the meaning given by section 98 of the Transport Act 2000.]

(3)The power to give directions in paragraph 7(2) is exercisable by the Director only but if the Director is preparing directions which relate to a matter in respect of which a regulator exercises concurrent jurisdiction, he must consult that regulator.

(4)Consultations conducted by the Director before the enactment date, with a view to preparing directions which have effect on or after that date, are to be taken to satisfy sub-paragraph (3).

(5)References to enactments in sub-paragraph (2) are to the enactments as amended by or under this Act.

Textual Amendments

F214Sch. 13 para. 35(2)(a) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (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(1), Sch. 1 (with art. 11)

F215Words in Sch. 13 para. 35(2)(e) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 32(5); S.I. 2005/2714, art. 4(f)

F216Sch. 13 para. 35(2)(h) inserted (1.2.2001) by 2000 c. 38, ss. 97, Sch. 8 Pt. IV para. 16(3) (with s. 106); S.I. 2001/57, art. 3, Sch. 2 Pt. I

Marginal Citations

Chapter VU.K. Extending the transitional period

36(1)A party to an agreement for which there is a transitional period may apply to the Director, not less than three months before the end of the period, for the period to be extended.U.K.

(2)The Director may (on his own initiative or on an application under sub-paragraph (1))—

(a)extend a one-year transitional period by not more than twelve months;

(b)extend a transitional period of any period other than one year by not more than six months.

(3)An application under sub-paragraph (1) must—

(a)be in such form as may be specified; and

(b)include such documents and information as may be specified.

(4)If the Director extends the transitional period under this paragraph, he must give notice in such form, and to such persons, as may be specified.

(5)The Director may not extend a transitional period more than once.

(6)In this paragraph—

  • “person” has the same meaning as in Part I; and

  • “specified” means specified in rules made by the Director under section 51.

Modifications etc. (not altering text)

C13Sch. 13 paras. 36-39 modified (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(8), 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)

Chapter VIU.K. Terminating the Transitional Period

GeneralU.K.

37(1)Subject to sub-paragraph (2), the Director may by a direction in writing terminate the transitional period for an agreement, but only in accordance with paragraph 38.U.K.

(2)The Director may not terminate the transitional period, nor exercise any of the powers in paragraph 38, in respect of an agreement which is excluded from the Chapter I prohibition by virtue of any of the provisions of Part I of this Act other than paragraph 1 of Schedule 1 or paragraph 2 or 9 of Schedule 3 [F217or the Competition Act 1998 (Land and Vertical Agreements Exclusion) Order 2000].

Textual Amendments

F217Words in Sch. 13 para. 37(2) inserted (1.3.2000) by S.I. 2000/311, art. 2

Modifications etc. (not altering text)

C13Sch. 13 paras. 36-39 modified (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(8), 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)

Circumstances in which the Director may terminate the transitional periodU.K.

38(1)If the Director is considering whether to give a direction under paragraph 37 (“a direction”), he may in writing require any party to the agreement concerned to give him such information in connection with that agreement as he may require.U.K.

(2)If at the end of such period as may be specified in rules made under section 51, a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (1), the Director may give a direction.

(3)The Director may also give a direction if he considers—

(a)that the agreement would, but for the transitional period or a relevant exclusion, infringe the Chapter I prohibition; and

(b)that he would not be likely to grant the agreement an unconditional individual exemption.

(4)For the purposes of sub-paragraph (3) an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).

(5)In this paragraph—

  • “person” has the same meaning as in Part I;

  • “relevant exclusion” means an exclusion under paragraph 1 of Schedule 1 or paragraph 2 or 9 of Schedule 3 [F218or the Competition Act 1998 (Land and Vertical Agreements Exclusion) Order 2000].

Textual Amendments

F218Words in the definition of “relevant exclusion” in Sch. 13 para. 38(5) inserted (1.9.2000) by S.I. 2000/2031, art. 2

Modifications etc. (not altering text)

C13Sch. 13 paras. 36-39 modified (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(8), 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)

Procedural requirements on giving a paragraph 37 directionU.K.

39(1)The Director must specify in a direction under paragraph 37 (“a direction”) the date on which it is to have effect (which must not be less than 28 days after the direction is given).U.K.

(2)Copies of the direction must be given to—

(a)each of the parties concerned, and

(b)the Secretary of State,

not less than 28 days before the date on which the direction is to have effect.

(3)In relation to an agreement to which a direction applies, the transitional period (if it has not already ended) ends on the date specified in the direction unless, before that date, the direction is revoked by the Director or the Secretary of State.

(4)If a direction is revoked, the Director may give a further direction in respect of the same agreement only if he is satisfied that there has been a material change of circumstance since the revocation.

(5)If, as a result of paragraph 24(1) or (3), there is a transitional period in respect of provisions of an agreement relating to goods—

(a)which immediately before the starting date are exempt under section 14 of the RPA, or

(b)which, when continuing proceedings are determined, are found to be exempt under section 14 of the RPA,

the period is not affected by paragraph 37 or 38.

Modifications etc. (not altering text)

C13Sch. 13 paras. 36-39 modified (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(8), 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)

Part VU.K. The Fair Trading Act 1973

References to the Monopolies and Mergers CommissionU.K.

40(1)If, on the date on which the repeal by this Act of a provision mentioned in sub-paragraph (2) comes into force, the Monopolies and Mergers Commission has not completed a reference which was made to it before that date, continued consideration of the reference may include consideration of a question which could not have been considered if the provision had not been repealed.U.K.

(2)The provisions are—

(a)sections 10(2), 54(5) and 78(3) and paragraph 3(1) and (2) of Schedule 8 to the Fair Trading Act 1973 (c. 41);

(b)section 11(8)(b) of the Competition Act 1980 (c. 21);

(c)section 14(2) of the Telecommunications Act 1984 (c. 12);

(d)section 45(3) of the Airports Act 1986 (c. 31);

(e)section 25(2) of the Gas Act 1986 (c. 44);

(f)section 13(2) of the Electricity Act 1989 (c. 29);

(g)section 15(2) of the Water Industry Act 1991 (c. 56);

(h)article 16(2) of the M68Electricity (Northern Ireland) Order 1992;

(i)section 14(2) of the Railways Act 1993 (c. 43);

(j)article 36(3) of the M69Airports (Northern Ireland) Order 1994;

(k)article 16(2) of the M70Gas (Northern Ireland) Order 1996.

Marginal Citations

Orders under Schedule 8U.K.

41(1)In this paragraph—U.K.

  • “the 1973 Act” means the M71Fair Trading Act 1973;

  • “agreement” means an agreement entered into before the date on which the repeal of the limiting provisions comes into force;

  • “the order” means an order under section 56 or 73 of the 1973 Act;

  • “the limiting provisions” means sub-paragraph (1) or (2) of paragraph 3 of Schedule 8 to the 1973 Act (limit on power to make orders under paragraph 1 or 2 of that Schedule) and includes any provision of the order included because of either of those sub-paragraphs; and

  • “transitional period” means the period which—

    (a)

    begins on the day on which the repeal of the limiting provisions comes into force; and

    (b)

    ends on the first anniversary of the starting date.

(2)Sub-paragraph (3) applies to any agreement to the extent to which it would have been unlawful (in accordance with the provisions of the order) but for the limiting provisions.

(3)As from the end of the transitional period, the order is to have effect in relation to the agreement as if the limiting provisions had never had effect.

Marginal Citations

Part III of the ActU.K.

42(1)The repeals made by section 1 do not affect any proceedings in respect of an application which is made to the Court under Part III of the M72Fair Trading Act 1973, but is not determined, before the starting date.U.K.

(2)The question whether (for the purposes of sub-paragraph (1)) an application has been determined is to be decided in accordance with sub-paragraphs (3) and (4).

(3)If an appeal against the decision on the application is brought, the application is not determined until—

(a)the appeal is disposed of or withdrawn; or

(b)if as a result of the appeal the case is referred back to the Court—

(i)the expiry of the period within which an appeal (“the further appeal”) in respect of the Court’s decision on that reference could have been brought had this Act not been passed; or

(ii)if later, the date on which the further appeal is disposed of or withdrawn.

(4)Otherwise, the application is not determined until the expiry of the period within which any party to the application would have been able to bring an appeal against the decision on the application had this Act not been passed.

(5)Any amendment made by Schedule 12 to this Act which substitutes references to a relevant Court for references to the Court is not to affect proceedings of the kind referred to in sub-paragraph (1).

Marginal Citations

Part VIU.K. The Competition Act 1980

UndertakingsU.K.

43(1)Subject to sub-paragraph (2), an undertaking accepted by the Director under section 4 or 9 of the M73Competition Act 1980 ceases to have effect on the coming into force of the repeal by this Act of that section.U.K.

(2)If the undertaking relates to an agreement which on the starting date is the subject of continuing proceedings, the undertaking continues to have effect for the purposes of section 29 of the Competition Act 1980 until the proceedings are determined.

Marginal Citations

Application of sections 25 and 26U.K.

44U.K.The repeals made by section 1 do not affect—

(a)the operation of section 25 of the Competition Act 1980 in relation to an application under section 1(3) of the RTPA which is made before the starting date;

(b)an application under section 26 of the Competition Act 1980 which is made before the starting date.

Part VIIU.K. Miscellaneous

Disclosure of informationU.K.

45(1)Section 55 of this Act applies in relation to information which, immediately before the starting date, is subject to section 41 of the RTPA as it applies in relation to information obtained under or as a result of Part I.U.K.

(2)But section 55 does not apply to any disclosure of information of the kind referred to in sub-paragraph (1) if the disclosure is made—

(a)for the purpose of facilitating the performance of functions of a designated person under the M74Control of Misleading Advertisements Regulations 1988; or

(b)for the purposes of any proceedings before the Court or of any other legal proceedings under the RTPA or the M75Fair Trading Act 1973 or the Control of Misleading Advertisements Regulations 1988.

(3)Section 56 applies in relation to information of the kind referred to in sub-paragraph (1) if particulars containing the information have been entered or filed on the special section of the register maintained by the Director under, or as a result of, section 27 of the RTPA or paragraph 10 of this Schedule.

(4)Section 55 has effect, in relation to the matters as to which section 41(2) of the RTPA had effect, as if it contained a provision similar to section 41(2).

Marginal Citations

The CourtU.K.

46U.K.If it appears to the Lord Chancellor that a person who ceases to be a non-judicial member of the Court as a result of this Act should receive compensation for loss of office, he may pay to him out of moneys provided by Parliament such sum as he may with the approval of the Treasury determine.

Section 74(3).

SCHEDULE 14U.K. Repeals and Revocations

Part IU.K. Repeals

Commencement Information

I28Sch. 14 Pt. I partly in force; Sch. 14 Pt. I not in force at Royal Assent see s. 76(3); Sch. 14 Pt. I in force for certain purposes at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 14 Pt. I in force for certain purposes at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 14 Pt. I in force for certain purposes at 10.11.1999 by S.I. 1999/2859, art. 2; Sch. 14 Pt. I (except the repeal of Restrictive Practices Court Act 1976) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

I29Sch. 14 Pt. I in force at 10.3.2013 in so far as not already in force by S.I. 2013/284, art. 2(c)

ChapterShort titleExtent of repeal
1973 c. 41.The Fair Trading Act 1973.Section 4.
Section 10(2).
Section 45.
Section 54(5).
Section 78(3).
In section 81(1), in the words before paragraph (a), from “and the Commission” to “of this Act)”; in paragraph (b), “or the Commission, as the case may be” and “or of the Commission”; in subsection (2), “or the Commission” and “or of the Commission” and in subsection (3), from “and, in the case,” to “85 of this Act”, and “or the Commission, as the case may be,”.
In section 83, in subsection (1) “Subject to subsection (1A) below” and subsection (1A).
In section 135(1), in the words before paragraph (a) and in paragraph (b), “or the Commission”, and paragraph (a).
Schedule 3.
In Schedule 8, paragraph 3(1) and (2).
1976 c. 33.The Restrictive Practices Court Act 1976.The whole Act.
1976 c. 34.The Restrictive Trade Practices Act 1976.The whole Act.
1976 c. 53.The Resale Prices Act 1976.The whole Act.
1976 c. 76.The Energy Act 1976.Section 5.
1977 c. 19.The Restrictive Trade Practices Act 1977.The whole Act.
1977 c. 37.The Patents Act 1977.Sections 44 and 45.
1979 c. 38.The Estate Agents Act 1979.In section 10(3), “or the Restrictive Trade Practices Act 1976.”
1980 c. 21.The Competition Act 1980.Sections 2 to 10.
In section 11(8), paragraph (b) and the “and” immediately before it.
In section 13(1), from “but the giving” to the end.
In section 15, subsections (2)(b), (3) and (4).
Section 16(3).
In section 17, “8(1)” in subsections (1) and (3) to (5) and in subsection (2) “8(1) or”.
In section 19(3), paragraph (d).
In section 19(5)(a), “or in anything published under section 4(2)(a) above”.
Section 22.
Sections 25 to 30.
In section 31, subsection (2) and “10” in subsection (3).
Section 33(3) and (4).
1984 c. 12.The Telecommunications Act 1984.Section 14(2).
In section 16(5), the “or” immediately after paragraph (a).
In section 50(4), paragraph (c) and the “and” immediately after it.
In section 50(5), “or (3)”.
In section 50(7), “or the 1980 Act”.
In section 95(1), “or section 10(2)(a) of the 1980 Act”.
In section 95(2), paragraph (c) and the “or” immediately before it.
In section 95(3), “or the 1980 Act”.
In section 101(3), paragraphs (d) and (e).
1986 c. 31.The Airports Act 1986.Section 45(3).
In section 54(1), “or section 10(2)(a) of the 1980 Act”.
In section 54(3), paragraph (c) and the “or” immediately before it.
In section 54(4), “or the 1980 Act”.
In section 56(a)(ii), “or the 1980 Act”.
1986 c. 44.The Gas Act 1986.Section 25(2).
In section 27(1), “or section 10(2)(a) of the Competition Act 1980”.
In section 27(3)(a), from “or” to “competition reference”.
In section 27(6), “or the said Act of 1980”.
In section 28(5), the “or” immediately after paragraph (aa).
In section 36A(5), paragraph (d) and the “and” immediately before it.
In section 36A(6), “or (3)”.
In section 36A(8), “or under the 1980 Act”.
In section 36A(9), “or the 1980 Act”.
In section 42(3), paragraphs (e) and (f).
1986 c. 60.The Financial Services Act 1986.Section 126.
1987 c. 43.The Consumer Protection Act 1987.In section 38(3), paragraphs (e) and (f).
1987 c. 53.The Channel Tunnel Act 1987.In section 33(2), paragraph (c) and the “and” immediately before it.
In section 33(5), paragraphs (b) and (c).
1988 c. 54.The Road Traffic (Consequential Provisions) Act 1988.In Schedule 3, paragraph 19.
1989 c. 15.The Water Act 1989.In section 174(3), paragraphs (d) and (e).
1989 c. 29.The Electricity Act 1989.Section 13(2).
In section 15(1), paragraph (b) and the “or” immediately before it.
In section 15(2), paragraph (c) and the “or” immediately before it.
In section 15(3), “or the 1980 Act”.
In section 25(5), the “or” immediately after paragraph (b).
In section 43(4), paragraph (c) and the “and” immediately after it.
In section 43(5), “or (3)”.
In section 43(7), “or the 1980 Act”.
In section 57(3), paragraphs (d) and (e).
1989 c. 40.The Companies Act 1989.In Schedule 20, paragraphs 21 to 24.
1990 c. 42.The Broadcasting Act 1990.In section 193(2), paragraph (c) and the “and” immediately before it.
In section 193(4), “or the Competition Act 1980”.
1991 c. 56.The Water Industry Act 1991.In section 12(5), “or the 1980 Act”.
Section 15(2).
In section 17(1), paragraph (b) and the “or” immediately before it.
In section 17(2), paragraph (c) and the “or” immediately before it.
In section 17(4), “or the 1980 Act”.
In section 31(4), paragraph (c) and the “and” immediately before it.
In section 31(5), “or in subsection (3) above”.
In section 31(6), “or in subsection (3) above”.
In section 31(7), “or (3)”.
In section 31(9), “or the 1980 Act”.
In Part II of Schedule 15, the entries relating to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976.
1991 c. 57.The Water Resources Act 1991.In Part II of Schedule 24, the entries relating to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976.
1993 c. 21.The Osteopaths Act 1993.In section 33(4), paragraph (b) and the “or” immediately before it.
In section 33(5), “or section 10 of the Act of 1980”.
1993 c. 43.The Railways Act 1993.Section 14(2).
In section 16(1), paragraph (b) and the “or” immediately before it.
In section 16(2), paragraph (c) and the “or” immediately before it.
In section 16(5), “or the 1980 Act”.
In section 67(4), paragraph (c) and the “and” immediately after it.
In section 67(6)(a), “or (3)”.
In section 67(9), “or under the 1980 Act”.
Section 131.
In section 145(3), paragraphs (d) and (e).
1994 c. 17.The Chiropractors Act 1994.In section 33(4), paragraph (b) and the “or” immediately before it.
In section 33(5), “or section 10 of the Act of 1980”.
1994 c. 21.The Coal Industry Act 1994.In section 59(4), paragraphs (e) and (f).
1994 c. 40.The Deregulation and Contracting Out Act 1994.Sections 10 and 11.
In section 12, subsections (1) to (6).
In Schedule 4, paragraph 1.
In Schedule 11, in paragraph 4, sub-paragraphs (3) to (6).
1996 c. 55.The Broadcasting Act 1996.Section 77(2).

Part IIU.K. Revocations

Commencement Information

I30Sch. 14 Pt. II wholly in force; Sch. 14 Pt. II not in force at Royal Assent see s. 76(3); Sch. 14 Pt. II in force for certain purposes at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 14 Pt. II fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

ReferenceTitleExtent of revocation
S.I. 1981/1675 (N.I.26).The Magistrates’ Courts (Northern Ireland) Order 1981.In Schedule 6, paragraphs 42 and 43.
S.I. 1982/1080 (N.I.12).The Agricultural Marketing (Northern Ireland) Order 1982.In Schedule 8, the entry relating to paragraph 16(2) of Schedule 3 to the Fair Trading Act 1973 and in the entry relating to the Competition Act 1980, “and 15(3)”.
S.I. 1986/1035 (N.I.9).The Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986.In Part II of Schedule 1, the entries relating to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976.
S.I. 1992/231 (N.I.1).The Electricity (Northern Ireland) Order 1992.Article 16(2).

In Article 18—

(a) in paragraph (1), sub-paragraph (b) and the “or” immediately before it;

(b) in paragraph (2), sub-paragraph (c) and the “or” immediately before it;

(c) in paragraph (3) “or the 1980 Act”.

In Article 28(5), the “or” immediately after sub-paragraph (b).

In Article 46—

(a) in paragraph (4), sub-paragraph (c) and the “and” immediately after it;

(b) in paragraph (5), “or (3)”;

(c) in paragraph (7), “or the 1980 Act”.

Article 61(3)(f) and (g).
In Schedule 12, paragraph 16.
S.I. 1994/426 (N.I.1).The Airports (Northern Ireland) Order 1994.Article 36(3).

In Article 45—

(a) in paragraph (1), “or section 10(2)(a) of the 1980 Act”;

(b) in paragraph (3), sub-paragraph (c) and the “or” immediately before it;

(c) in paragraph (4), “or the 1980 Act”.

In Article 47(a)(ii), “or the 1980 Act”.
In Schedule 9, paragraph 5.
S.I. 1996/275 (N.I.2).The Gas (Northern Ireland) Order 1996.Article 16(2).

In Article 18—

(a) in paragraph (1), sub-paragraph (b) and the “or” immediately before it;

(b) in paragraph (3), sub-paragraph (c) and the “or” immediately before it;

(c) in paragraph (5), “or the 1980 Act”.

In Article 19(5), the “or” immediately after sub-paragraph (b).

In Article 23—

(a) in paragraph (4), sub-paragraph (d) and the “and” immediately before it;

(b) in paragraph (5), “or (3)”;

(c) in paragraph (7), “or under the 1980 Act”;

(d) in paragraph (8), “or the 1980 Act”.

Article 44(4)(f) and (g).