The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004

54.—(1) Schedule 9 (OFT’s rules) is amended as follows.

(2) For paragraph 1, there is substituted—

“1.   In this Schedule “rules” means rules made by the OFT under section 51.”.

(3) Paragraphs 2, 3 and 4 shall cease to have effect.

(4) For sub-paragraph (1)(d) of paragraph 5 there is substituted—

“(d) the procedure to be followed if—

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

(ii) the OFT takes further action with respect to an agreement after having decided that it does not infringe the prohibition in Article 81(1);

(iii) the OFT takes further action with respect to conduct after having decided that it does not infringe the Chapter II prohibition; or

(iv) the OFT takes further action with respect to conduct after having decided that it does not infringe the prohibition in Article 82.”.

(5) For sub-paragraph (2) of paragraph 5 there is substituted—

“(2) In this paragraph “decision” means a decision of the OFT—

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

(b) as to whether or not an agreement has infringed the prohibition in Article 81(1);

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

(d) as to whether or not conduct has infringed the prohibition in Article 82.”.

(6) Paragraphs 6 and 7 shall cease to have effect.

(7) For paragraph 8 there is substituted—

“8.   Rules may make provision as to—

(a) the procedure to be followed by the OFT if it cancels a block exemption;

(b) the procedure to be followed by the OFT if it withdraws the benefit of a regulation of the Commission pursuant to Article 29(2) of the EC Competition Regulation.”.

(8) In paragraph 11, the words “2(3) or” shall cease to have effect.

(9) In paragraph 14, for the words “32 to 41” there is substituted “32 to 40”.