SCHEDULES

F14SCHEDULE 1 Director General of Fair Trading

Section 1.

Annotations:
Amendments (Textual)
F14

Sch. 1 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/766, art. 2, Sch.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.)

F141

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

F142

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

F143

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

F144

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

F145

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

F146

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

F147

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

F15SCHEDULE 2 Consumer Protection Advisory Committee

Section 3.

Annotations:
Amendments (Textual)
F15

Sch. 2 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 10(1)(a), 279, Sch. 26; S.I. 2003/766, art. 2, Sch.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.)

F15 Status of Committee

F151

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

F15 Tenure of office of members

F152

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

F15 Tenure of office of chairman and deputy chairman

F153

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

F15 Remuneration and allowances

F154

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

F15 General provisions as to sums payable on retirement or death of members

F155

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

F156

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

F15 Procedure of Committee

F157

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

F158

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

F159

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

F1SCHEDULE 3

Annotations:
Amendments (Textual)

Part I

Status of Commission

1

Members of the Commission in their capacity as such shall not be regarded as servants or agents of the Crown or as enjoying any status, immunity or privilege of the Crown.

Tenure of office of regular members

2

1

Subject to the following provisions of this paragraph, a regular member of the Commission shall hold and vacate office, as such in accordance with the terms of his appointment.

2

A person shall not be appointed to be a regular member of the Commission for a term exceeding five years; but previous membership shall not affect eligibility for re-appointment.

3

A regular member of the Commission may at any time resign his membership by notice in writing addressed to the Secretary of State.

4

The Secretary of State may remove a regular member of the Commission on the ground of incapacity or misbehaviour.

Appointment and tenure of office of chairman and deputy chairmen

3

1

There shall be a chairman of the Commission appointed from among the regular members by the Secretary of State; and the Secretary of State may appoint not more than three other regular members to be deputy chairmen.

2

The chairman or a deputy chairman may at any time resign his office as such by notice in writing addressed to the Secretary of State.

3

The Secretary of State may remove a chairman or deputy chairman of the Commission on the ground of incapacity or misbehaviour.

4

If the chairman or a deputy chairman of the Commission ceases to be a regular member of the Commission, he shall also cease to be chairman or, as the case may be, a deputy chairman.

Staff

4

The Commission shall have a secretary, who shall be a person appointed by the Commission with the approval of the Secretary of State.

5

The Commission may appoint such other staff as the Commission think fit, subject to the approval of the Secretary of State and of the Minister for the Civil Service as to numbers and as to terms and conditions of service.

Remuneration and allowances

6

There shall be paid to the members of the Commission such remuneration, and such travelling and other allowances, as in the case of any of those members the Secretary of State may determine with the approval of the Minister for the Civil Service.

7

There shall be paid to the staff of the Commission such remuneration, and such travelling and other allowances, as the Commission may determine with the approval of the Secretary of State and of the Minister for the Civil Service.

General provisions as to sums payable on retirement or death of members

8

As regards any member of the Commission in whose case the Secretary of State may so determine with the approval of the Minister for the Civil Service, the Secretary of State shall pay such pension, allowance or gratuity to or in respect of him, or make such payments towards the provision of such a pension, allowance or gratuity, as may be so determined.

9

If, when any person ceases to be a member of the Commission, it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may pay him a sum by way of compensation of such amount as he may determine with the approval of the Minister for the Civil Service.

C6Part II Performance of Functions of Commission

Annotations:
Modifications etc. (not altering text)
C6

Sch. 3 Pt. II applied with modifications (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 14(7), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6)

Sch. 3 Pt. II extended with modifications (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 15(8); S.R. 1992/117, art.3(1)

Sch. 3 Pt. II modified by Broadcasting Act 1990 (c. 42, SIF 96), s. 39, Sch. 4 para. 4(7)(b)

Sch. 3 Pt. II applied with modifications by Telecommunications Act 1984 (cd. 12, SIF 96), s. 13(9); (E.W.S.) by Airports Act 1986 (c. 31, SIF 9), s. 44(3); (E.W.S.) by Gas Act 1986 (c. 44, SIF 44:2), ss. 24(7), 48(3)(4); (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 16(7)(8)(b)

Power to modify Pt. II conferred (1.5.1980) by Competition Act 1980 (c. 21), s. 24

Sch. 3 Pt. II extended (4.4.1980) by Competition Act 1980 (c. 21), s. 11(9) and extended ibid., ss. 7(6), 33(5)

Sch. 3 Pt. II applied (with modifications) (E.W.S.) (1.4.1994) by 1993 c. 43, s. 13(8)(9); S.I. 1994/571, art. 5

Sch. 3 applied (with modifications) (N.I.) (1.9.1995) by S.I. 1994/426 (N.I. 1), art. 35(3); S.R. 1995/294, art. 2, Sch.

Sch. 3 Pt. II applied (with modifications) (N.I.) (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 15(9) (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

Sch. 3 Pt. II applied (with modifications) (28.8.1996) by S.I. 1996/2199, reg. 16

C510

1

If the chairman of the Commission so directs—

a

the functions of the Commission in relation to any investigation under this Act, in so far as those functions have not been performed before the direction is given, or

b

the functions of the Commission in relation to the making of a report required of them under Part VI of this Act,

shall be performed through a group of not less than F7three regular members of the Commission selected by the chairman of the Commission F8or, where the functions to be performed through the group relate to a newspaper merger reference, not less than F7three members, being, in that event, the additional members (if any) appointed by the Secretary of State under paragraph 22 of this Schedule for the purposes of the reference and such regular members of the Commission as the chairman may select.

F91A

Where no direction has been made under sub-paragraph (1) hereof with respect to the investigation on a merger reference the chairman of the Commission may perform the functions of the Commission under section 75(5) of this Act in relation to that reference and anything done by or in relation to the chairman in, or in connection with, the performance of those functions shall have the same effect as if it had been done by or in relation to the Commission.

2

In the following provisions of this Part of this Schedule “group” means a group of members of the Commission selected under this paragraph, and “the chairman” (except where the reference is expressly to the chairman of a group) means the chairman of the Commission.

11

Where, after a direction under paragraph 10 of this Schedule has been given with respect to the investigations on a monopoly reference or on a merger reference, the reference is varied under section 52 of this Act or, in the case of a merger reference, under section 71 of this Act, the functions of the Commission in relation to those investigations shall be performed either through the group specified in that direction, or through another group, or by the Commission as a whole, as the chairman may direct.

12

The chairman may appoint one of the members of a group to act as chairman of the group.

13

1

Where during the proceedings of a group—

a

a member of the group ceases to be a member of the Commission, or

b

the chairman is satisfied that a member of the group will be unable for a substantial period to perform his duties as a member of the group,

the chairman may appoint any member of the Commission to be a member of the group in his place.

2

The chairman may also at any time appoint any member of the Commission to be an additional member of a group, whether the person so appointed was or was not a member of the Commission at the time when the group was originally selected.

14

1

At the invitation of the chairman of a group, any member of the Commission who is not a member of the group may attend meetings or otherwise take part in the proceedings of the group, except that such a member shall not be entitled—

a

to vote at any such meeting or in any such proceedings, or

b

to have a statement of his dissent from a conclusion of the group included in a report made by them.

2

Nothing in the preceding sub-paragraph shall be taken to prevent a group or a member of a group from consulting any member of the Commission with respect to any matter or question with which the group is concerned.

15

In determining their procedure, and in exercising any powers conferred on the Commission by this Act, a group shall comply with any special or general directions which may be given to them by the Commission, as well as with any directions given to the Commission by the Secretary of State.

16

1

Subject to the next following sub-paragraph, anything done by or in relation to a group in, or in connection with, the performance of functions required by a direction under paragraph 10 or paragraph 11 of this Schedule to be performed by the group shall have the same effect as if it had been done by or in relation to the Commission.

2

For the purposes of sections 56 and F1073 of this Act, . . . F11 and of section 19A of the M6Agricultural Marketing Act 1958 F12and of Articles 23 and 42 of the Agricultural Marketing (Northern Ireland) Order 1982, a conclusion contained in a report of the Commission shall be disregarded if the report is made through a group and the conclusion is not that of at least two-thirds of the members of the group.

17

The quorum necessary—

a

for any meeting of the Commission held for the final settling of a report of the Commission shall be not less than two-thirds of the regular members of the Commission, and

b

for any other meeting of the Commission shall be such as the Commission may from time to time determine.

18

The quorum necessary for a meeting of a group shall be such as the group may from time to time determine.

19

In the case of an equality of votes on any question at a meeting of the Commission or of a group the chairman, or the chairman of the group, as the case may be, shall have a second or casting vote.

20

At any time when the chairman is absent or otherwise incapable of acting, or there is a vacancy in the office of chairman,—

a

such one of the deputy chairmen of the Commission as the Secretary of State may direct, or in default of any such direction such one of them as they may agree, or

b

if there is only one deputy chairman of the Commission the deputy chairman,

may perform any of the functions of the chairman.

21

At any time when every person who is chairman or deputy chairman of the Commission is absent or otherwise incapable of acting, or there is no such person, such member of the Commission as the Secretary of State may direct, or in default of any such direction such member of the Commission as the Commission may agree, may perform any of the functions of the chairman.

22

For the purposes of a newspaper merger reference the Secretary of State may appoint F13one, two, or threeadditional members of the Commission, from a panel maintained by the Secretary of State for the purpose of making such appointments; and if any functions of the Commission in relation to that reference are performed through a group, any additional members appointed under this paragraph for the purposes of the reference shall be members of the group in addition to the members selected by the chairman.

F16SCHEDULE 4 Services Excluded from Sections 14 and 109

Sections 14 and 109.

Annotations:
Amendments (Textual)

F161

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

F162

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

F163

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

F164

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

F165

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

F166

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

F167

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

F168

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

F169

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

F1610

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

F1610A

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

F1611

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

F1612

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

F1613

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

F1614

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

F1615

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

F17SCHEDULE 5 Goods and Services Referred to in Section 16

Sections 16, 50 and 51.

Annotations:
Amendments (Textual)

F17Part I General Restriction

F171

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

F173

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

F174

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

F175

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

F176

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

F177

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

F17Part II Limited Restriction . . .

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

F18SCHEDULE 6 Matters Falling Within Scope of Proposals Under Section 17

Section 19.

Annotations:
Amendments (Textual)

F181

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

F182

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

F183

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

F184

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

F185

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

F186

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

F19SCHEDULE 7 Goods and Services (in addition to those in Schedule 5) Wholly or Partly Excluded from Section 50

Sections 50 and 51.

Annotations:
Amendments (Textual)

F19Part I Goods and Services Wholly Excluded

F191

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

F192

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

F193

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

F194

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

F195

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

F196

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

F197

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

F198

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

F199

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

F19Part II Goods and Services Partly Excluded

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

F19Part III Goods Partly Excluded in Relation to Northern Ireland Only

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

F21 SCHEDULE 8 Powers Exercisable by Orders Under Sections 56 and 73

Sections 56, 73, 74, 77, 89 and 91.

Annotations:
Amendments (Textual)
F21

Sch. 8 repealed (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. 26 (with Sch. 24); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 6, 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)

F21Part I Powers Exercisable in all Cases

F211

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

F212

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

F213

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

F214

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

F215

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

F216

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

F217

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

F218

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

F219

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

F219A

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

F2110

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

F2111

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

F2112

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

F2113

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

F21Part II Powers Exercisable Except in Cases Falling within Section 56(6)

F2114

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

F2115

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

F22 SCHEDULE 9 Procedure Preliminary to Laying Draft of Order to which Section 91(1) Applies

Section 91.

Annotations:
Amendments (Textual)
F22

Sch. 9 repealed (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. 26 (with Sch. 24); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 6, 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)

F221

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

F222

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

F223

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

F224

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

F2F2SCHEDULE 10

Annotations:
Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

SCHEDULE 11 Transitional Provisions and Savings

Sections 139, 140.

General provisions

1

1

Subject to the following provisions of this Schedule, in so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if done under that provision.

2

In relation to the Commission (by whichever of the names mentioned in section 4(1) of this Act it was for the time being called) sub-paragraph (1) of this paragraph applies, in particular, to any appointment of a member of the Commission (including any appointment, or extension of the term of service, of a chairman or deputy chairman of the Commission) or of any of the staff of the Commission, any reference made to the Commission, any proceedings or report of the Commission on such a reference, and any order made in consequence of any such report.

3

A provision of this Act shall, for the purposes of this Schedule, be regarded as corresponding to an enactment repealed by this Act if (notwithstanding that it differs, whether to a small extent or substantially, from that enactment) it fulfils in this Act a purpose similar to that which that enactment fulfilled in the repealed enactments; and any reference in this Schedule to provisions of the repealed enactments corresponding to any provisions of this Act shall be construed accordingly.

4

In this Schedule “the repealed enactments” means the enactments repealed by this Act, and “the commencement of this Act”, where that expression occurs in any provision of this Schedule,—

a

if the same day is appointed under section 140 of this Act for the repeal of all those enactments, means the day so appointed, or

b

if different days are appointed under that section for the repeal of different enactments, means such day as may be specified for the purposes of this sub-paragraph in an order made by the Secretary of State by statutory instrument;

and different days may be so specified in relation to different provisions of this Schedule.

2

For the purposes of the operation of paragraph 1 of this Schedule, anything done by or in relation to the Board of Trade shall be treated as having been done by or in relation to the Secretary of State, whether apart from this paragraph it would fall to be so treated or not.

3

Without prejudice to any express amendment made by this Act, where an Act (whether passed before, or in the same Session as, this Act) or any document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to any corresponding provision of this Act.

4

Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, and there is a corresponding provision in this Act, this Act shall have effect as if that corresponding provision had been in force when that period began to run.

5

Without prejudice to paragraph 1 of this Schedule, any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act shall, except where the context otherwise requires, be construed as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any corresponding provisions of the repealed enactments.

6

Nothing in this Act shall affect the repealed enactments in their operation in relation to offences committed before the commencement of this Act.

Reference made to Commission before commencement of Act

7

1

Any reference made to the Commission under the repealed enactments, and any report of the Commission made before the commencement of this Act on any such reference, shall have effect in accordance with paragraph 1 of this Schedule if made in accordance with such of the repealed enactments as were applicable to it, and shall so have effect notwithstanding that the reference or report was not made in accordance with the corresponding provisions of this Act.

2

In the case of any such reference on which the Commission have not made their report before the commencement of this Act—

a

any proceedings of the Commission on that reference after the commencement of this Act shall be conducted in accordance with the repealed enactments as if they had not been repealed, and

b

any report of the Commission on that reference shall be made in accordance with those enactments and not in accordance with any corresponding provisions of this Act;

but nothing in this sub-paragraph shall be construed as excluding the operation of any provisions of this Act relating to any functions of the Director in relation to the Commission, to the transmission to the Director of copies of reports of the Commission, or to any other action authorised or required to be taken in relation to or in consequence of a report made by the Commission.

3

In particular, but without prejudice to the generality of the preceding sub-paragraphs, any reference, proceedings or report to which either of those sub-paragraphs applies shall have effect, or shall be conducted or made, as mentioned in that sub-paragraph notwithstanding that the reference or report related or relates to the question whether conditions to which the Act of 1948 applied prevailed or prevail, and not to the existence or possible existence of a monopoly situation within the meaning of this Act.

4

For the purposes of the operation of sub-paragraph (2) of this paragraph in relation to a report made by the Commission after the commencement of this Act, section 29(1) of the Act of 1956 (whereby conditions to which the Act of 1948 applied were not to be considered to prevail by reason of any agreement to which Part I of the Act of 1956 applied) shall be construed as if section 6(1) of the Act of 1956 had been originally enacted as amended by section 95 of this Act.

Report of Commission made before 5th August 1965

8

An order made under section 56 of this Act in consequence of a report made by the Commission before the commencement of the Act of 1965 shall not exercise any of the powers specified in Part II of Schedule 8 to this Act; and accordingly the powers conferred by section 89 of this Act shall not be exercisable in consequence of any such report.

Undertaking given in consequence of report on reference made under repealed enactments

9

1

This paragraph applies to any undertaking given to a Minister which is certified by the Secretary of State to have been given in relation to matters dealt with in a report made by the Commission on a reference under section 2 of the Act of 1948 or on a reference under section 6 of the Act of 1965 and which either—

a

was given before the commencement of this Act, or

b

is given after the commencement of this Act in a case where no request under subsection (1) of section 88 of this Act has been made to the Director to carry out consultations in accordance with that subsection.

2

A copy of any certificate given by the Secretary of State under the preceding sub-paragraph shall be furnished to the Director; and the Minister to whom any such undertaking was or is given shall furnish particulars of it to the Director.

3

Subsection (4) of section 88 of this Act shall have effect in relation to any undertaking to which this paragraph applies as if—

a

it were an undertaking of which particulars have been furnished to the Director under subsection (2) of that section, and

b

any reference in subsection (4) of that section to the report of the Director were a reference to a report made by the Commission as mentioned in sub-paragraph (1) of this paragraph.

4

The preceding provisions of this paragraph shall have effect without prejudice—

a

to the duty of the Commission under section 86 of this Act to transmit to the Director copies of reports which were made by the Commission before the commencement of this Act and which, by virtue of paragraphs 1 and 7 of this Schedule, have effect as if made under this Act, or

b

to any duty of the Director, where requested by the appropriate Minister or Ministers to do so with respect to any such report, to carry out such consultations as are mentioned in section 88(1) of this Act.

Functions of Director in relation to orders made under Acts of 1948 and 1965

10

Subsection (5) of section 88 of this Act shall have effect in relation to any order which was made under section 10 of the Act of 1948 or under section 3 or section 6 of the Act of 1965 and which, by virtue of paragraph 1 of this Schedule, has effect as if made under this Act, as that subsection has effect in relation to orders made under this Act in the circumstances specified in that subsection.

Provisions consequential upon transfer of functions from Registrar to Director

11

1

Except as provided by paragraph 15 of this Schedule, in relation to any time after the commencement of this Act, anything which has before the commencement of this Act been done by or in relation to the Registrar shall have effect as if it had been done by or in relation to the Director.

2

Sub-paragraph (1) of this paragraph applies, in particular, to any regulations made by the Registrar, any register kept or document issued by the Registrar, any particulars furnished to the Registrar, and any application to or proceedings before the Restrictive Practices Court, or any other court, tribunal or authority, made or instituted by or against the Registrar or to which the Registrar was otherwise a party; and such proceedings, if pending at the commencement of this Act, may accordingly be continued by or against the Director, or with the Director being otherwise treated as a party to them, as the circumstances may require, and for the purpose of so continuing them anything done by or in relation to the Registrar in connection with any such proceedings shall be treated as having been done by or in relation to the Director.

3

In this Schedule “the Registrar” means the Registrar of Restrictive Trading Agreements.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Pension benefits

14

The repeal by this Act of the following enactments, that is to say, Part II of Schedule 1 to the Act of 1965 and section 3(4)(d) of the M1Superannuation (Miscellaneous Provisions) Act 1967, shall not affect the operation of those enactments in relation to any person who was appointed to be chairman or deputy chairman of the Commission before the commencement of this Act; and, in relation to any such person, a recommendation made under paragraph 5 of that Schedule shall have effect whether made before or after the commencement of this Act.

15

1

The repeal by this Act of subsections (7) and (8) of section 1 of the Act of 1956 shall not affect the operation of those subsections in relation to any person who was appointed to be the Registrar before the commencement of this Act; and, in relation to any such person, a determination made under subsection (7) of that section shall have effect whether made before or after the commencement of this Act.

2

Paragraph 11 of this Schedule shall not have effect for the purposes of the operation of subsection (7) or subsection (8) of section 1 of the Act of 1956 in accordance with the preceding sub-paragraph.

Trade Descriptions Act 1968, s. 30

16

The repeal by this Act of subsections (2) to (4) of section 30 of the M2Trade Descriptions Act 1968 shall not affect the operation of those subsections in their application to any case where a notice under subsection (2) of that section, or a certificate under subsection (4) of that section or a document purporting to be such a certificate, has been given or issued before the commencement of this Act; and the duty imposed by section 130(1) of this Act shall not apply where such a notice has been so given.

SCHEDULE 12 ENACTMENTS AMENDED

Section 139.

Annotations:
Amendments (Textual)
F20

Words in Sch. 12 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with arts. 6, 8)

F5

Amendment of the Agricultural Marketing Act (Northern Ireland) 1964 repealed (prosp.) (but by S.R.s 1984 No. 422 and 1989 No. 47 the repeal came into operation in relation to the Pigs Marketing Board (Northern Ireland) on 31.12.1984 and in relation to the Milk Marketing Board for Northern Ireland on 1.4.1989 respectively) by S.I. 1982/1080 (N.I. 12), art. 46(2), Sch. 9

F6

Amendment of the Pensions (Increase) Act 1971 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4

Modifications etc. (not altering text)
C1

The text of the amendment to Agricultural Marketing Act 1958 (c. 47) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C2

The text of the amendment to the Agricultural Marketing Act (Northern Ireland) 1964 (c. 13) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C3

The text of the amendment to the Local Government Act 1972 (c. 70), s. 201(6)(a) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations
M3

6 & 7 Eliz. 2. c. 47.

Acts

Amendment

. . . F4

. . .

C1The M3Agricultural Marketing Act 1958.

In section 47, in the proviso to subsection (2), after paragraph (a) there shall be inserted the following paragraph:—

aa

made to the Monopolies and Mergers Commission, or to any member of that Commission or to any staff of that Commission, or to the Director General of Fair Trading or any staff appointed by thar Director General, if it is made for the purpose of enabling the Commission or the Director General to perform any functions of theirs or his under the Fair Trading Act 1973.

F20. . .

F20. . .

C2F5The M4Agricultural Marketing Act (Northern Ireland) 1964.

F5In section 23, in subsection (2), after paragraph (aa) there shall be inserted the following paragraph:—

aaa

made to the Monopolies and Mergers Commission, or to any member of that Commission or to any staff of that Commission, or to the Director General of Fair Trading or any staff appointed by thar Director General, if it is made for the purpose of enabling the Commission or the Director General to perform any functions of theirs or his under the Fair Trading Act 1973.

. . . F4

. . .

. . . F6

. . .

. . . F4

. . .

C3The M5Local Government Act 1972.

In section 201, in subsection (6)(a), after the words “Trades Descriptions Acts 1968 and 1972” there shall be inserted the words “or the Fair Trading Act 1973”.

C4SCHEDULE 13 ENACTMENTS REPEALED

Annotations:
Modifications etc. (not altering text)
C4

The text of Sch. 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Image_r00001

Image_r00002