Competition Act 1998

8 Block exemptions: procedure.U.K.

(1)Before making a recommendation under section 6(1), the [F1OFT] must—

(a)publish details of [F2its] proposed recommendation in such a way as [F2it] thinks most suitable for bringing it to the attention of those likely to be affected; and

(b)consider any representations about it which are made to [F2it].

(2)If the Secretary of State proposes to give effect to such a recommendation subject to modifications, he must inform the [F1OFT] of the proposed modifications and take into account any comments made by the [F1OFT].

(3)If, in the opinion of the [F1OFT], it is appropriate to vary or revoke a block exemption order [F3it] may make a recommendation to that effect to the Secretary of State.

(4)Subsection (1) also applies to any proposed recommendation under subsection (3).

(5)Before exercising [F2its] power to vary or revoke a block exemption order (in a case where there has been no recommendation under subsection (3)), the Secretary of State must—

(a)inform the [F1OFT] of the proposed variation or revocation; and

(b)take into account any comments made by the [F1OFT].

(6)A block exemption order may provide for a block exemption to have effect from a date earlier than that on which the order is made.

Textual Amendments

F1Words in s. 8 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(7)(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.)

F2Word in s. 8(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(7)(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.)

F3Word in s. 8(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(7)(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.)