- Latest available (Revised)
- Point in Time (03/04/2006)
- Original (As enacted)
Version Superseded: 01/10/2009
Point in time view as at 03/04/2006.
There are currently no known outstanding effects for the Restrictive Practices Court Act 1976 (repealed).
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
An Act to consolidate certain enactments relating to the Restrictive Practices Court.
[22nd July 1976]F1
Textual Amendments
F1Act repealed (prosp.) by 1998 c. 41, ss. 1(a), 74(2)(3), Sch. 14 Pt. I (with s. 73, Sch. 13)
Commencement Information
I1Act wholly in force at 15. 12. 1976 by S.I. 1976/1896, art. 2
(1)The Restrictive Practices Court (“the Court”) established by the M1Restrictive Trade Practices Act 1956 shall continue in being by that name as a superior court of record.
(2)The Court shall consist of the following members—
(a)five nominated judges; and
(b)not more than ten appointed members.
(3)Of the nominated judges one, to be selected by the Lord Chancellor, shall be President of the Court.
[F2(3A)The Lord Chancellor may select a person under subsection (3) only with the concurrence of all of the following—
(a)the Lord Chief Justice of England and Wales;
(b)the Lord President of the Court of Session;
(c)the Lord Chief Justice of Northern Ireland.
(3B)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(3C)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.
(3D)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]
(4)The Court shall have an official seal which shall be judicially noticed.
Textual Amendments
F2S. 1(3A)-(3D) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 368(1) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
Marginal Citations
(1)The nominated judges of the Court shall be—
(a)three puisne judges of the High Court nominated by the [F3Lord Chief Justice of England and Wales];
(b)one judge of the Court of Session nominated by the Lord President of that Court;
(c)one judge of the Supreme Court of Northern Ireland nominated by the Lord Chief Justice of Northern Ireland.
(2)A judge of any court who is nominated under this section shall not be required to sit in any place outside the jurisdiction of that court, and shall be required to perform his duties as a judge of that court only when his attendance on the Restrictive Practices Court is not required.
(3)In the case of the temporary absence or inability to act of a nominated judge, the [F3Lord Chief Justice of England and Wales], the Lord President of the Court of Session, or the Lord Chief Justice of Northern Ireland (as the case may be) may nominate another judge of the same court to act temporarily in his place, and a judge so nominated shall, when so acting, have all the functions of the judge in whose place he acts.
(4)No judge shall be nominated under this section except with his consent.
[F4(5)The functions conferred on the Lord Chief Justice of England and Wales or on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor.
(6)The functions conferred on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor.
(7)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(8)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.
(9)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]
Textual Amendments
F3Words in s. 2(1)(a)(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 369(2) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
F4S. 2(5)-(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 369(3) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
(1)The other members of the Court (“appointed members”) may be appointed by Her Majesty on the recommendation of the Lord Chancellor, and any person recommended for appointment shall be a person appearing to the Lord Chancellor to be qualified by virtue of his knowledge of or experience in industry, commerce or public affairs.
(2)[F5Subject to subsection (2A) below,] an appointed member shall hold office for such period F6. . . as may be determined at the time of his appointment, and shall be eligible for reappointment, but—
(a)he may at any time by notice in writing to the Lord Chancellor resign his office;
(b)the Lord Chancellor may, if he thinks fit, remove any appointed member for inability or misbehaviour, or on the ground of any employment or interest which appears to the Lord Chancellor incompatible with the functions of a member of the Court.
F7[(2A)No appointment of a person to be an appointed member shall be such as to extend beyond the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years);]
(3)In the case of the temporary absence or inability to act of an appointed member, the Lord Chancellor may appoint a temporary member, being a person appearing to him to be qualified as provided in subsection (1) above, to act in place of that member; and a temporary member shall, when so acting, have all the functions of an appointed member.
[F8(4)The Lord Chancellor may exercise his functions under subsection (2)(b) only with the concurrence of the appropriate senior judge.
(5)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
(a)the member to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
(b)the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.]
Textual Amendments
F5Words in s. 3(2) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 43(1)(a); S.I. 1995/631, art. 2
F6Words in s. 3(2) repealed (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 43(1)(b), Sch. 9; S.I. 1995/631, art. 2
F7S. 3(2A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 43(2); S.I. 1995/631, art. 2
F8S. 3(4)(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 370(2) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
(1)The Lord Chancellor may—
(a)after consultation with [F9the Lord Chief Justice of England and Wales,] the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, by order increase the number of nominated judges of the Court;
(b)with the approval of the Minister for the Civil Service, by order increase the maximum number of appointed members;
and sections 1 to 3 above, as to the number of judges and members, have effect subject to any order in force under this section.
(2)Orders under this section shall be made by statutory instrument; and an order shall be of no effect until it is approved by resolution of each House of Parliament.
[F10(3)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(4)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.
(5)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]
Textual Amendments
F9Words in s. 4(1)(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 371(2) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
F10S. 4(3)-(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 371(3) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
(1)There may be paid to the appointed members of the Court, and to any temporary member, such remuneration as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.
(2)In the case of any such holder of the office of appointed member as may be determined by the Lord Chancellor acting with that approval, there shall be paid such pension, allowance or gratuity to or in respect of him on his retirement or death, or such contributions or other payments towards provision for such a pension, allowance or gratuity as may be so determined.
(3)As soon as may be after the making of any determination under subsection (2) above the Lord Chancellor shall lay before each House of Parliament a statement of the amount of the pension, allowance or gratuity or contributions or other payments, as the case may be, payable in pursuance of the determination.
(1)The Lord Chancellor may appoint such officers and servants of the Court as he may, with the approval of the Minister for the Civil Service as to numbers and conditions of service, determine.
(2)The principal civil service pension scheme within the meaning of section 2 of the M2Superannuation Act 1972 and for the time being in force applies, with the necessary adaptations, to officers and servants of the Court as to other persons employed in the civil service of the State.
(3)The central office of the Court shall be in London.
(4)Subject to its rules, the Court may sit at such times and in such place or places in any part of the United Kingdom as may be most convenient for the determination of proceedings before it.
(5)When sitting in public in London, the Court shall sit at the Royal Courts of Justice or at such other place as the Lord Chancellor may[F11, after consulting the Lord Chief Justice of England and Wales,] appoint.
(6)The Court may sit either as a single court or in two or more divisions concurrently and either in private or in public.
[F12(7)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]
Textual Amendments
F11Words in s. 6(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 372(2) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
F12S. 6(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 372(3) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
Marginal Citations
(1)For the hearing of any proceedings the Court shall consist of a presiding judge and at least two other members, except that in the case of proceedings involving only issues of law the Court may instead consist of a single member being a judge.
(2)On the hearing of any proceedings, the opinion of the judge or judges sitting as members of the Court upon any question of law shall prevail; but subject to this the decision of the Court shall be taken by all the members sitting, or, in the event of a difference of opinion, by the votes of the majority of the members.
In the event of an equality of votes, the presiding judge shall be entitled to a second or casting vote.
(3)The judgment of the Court in any proceedings shall be delivered by the presiding judge.
(1)Every person who has the right of audience at the trial of an action in the High Court or in the Court of Session, or in proceedings preliminary to such a trial, shall have the like right at the hearing of any application to the Court, whether sitting in England and Wales or in Scotland, or in proceedings preliminary to such a hearing, as the case may be.
(2)Every person who has the right of audience at the trial of an action in the High Court of Northern Ireland, or in proceedings preliminary to such trial, shall have the like right at the hearing of any application to the Court when sitting in Northern Ireland, or in proceedings preliminary to such a hearing, as the case may be.
(1)The procedure in or in connection with any proceedings before the Court and, subject to the approval of the Treasury, the fees chargeable in respect of such proceedings, shall be such as may be determined by rules made by the [F13president of the Court with the concurrence of the Lord Chancellor].
Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(2)Without prejudice to the generality of subsection (1) above, rules made under that subsection may provide—
(a)with respect to the persons to be made respondents to any application to the Court;
(b)with respect to the place at which the Court is to sit for the purposes of any proceedings;
(c)with respect to the evidence which may be required or admitted in any proceedings;
(d)for securing, by means of preliminary statements of facts and contentions, and by the production of documents, the administration of interrogatories and other methods of discovery, that all material facts and considerations are brought before the Court by all parties to any proceedings, including [F14the Office of Fair Trading].
(3)In relation to the attendance and examination of witnesses, the production and inspection of documents, the enforcement of its orders, and all other matters incidental to its jurisdiction, the Court shall have the like powers, rights, privileges and authority—
(a)in England and Wales, as the High Court;
(b)in Scotland, as the Court of Session; and
(c)in Northern Ireland, as the High Court of Northern Ireland.
(4)No person shall be punished for contempt of the Court except by or with the consent of a judge who is a member of the Court.
Textual Amendments
F13Words in s. 9(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 373(1) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
F14Words in s. 9(2)(d) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 7(2); 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)
C1S. 9(1) extended by Restrictive Trade Practices Act 1976 (c. 34), s. 22(1) and Resale Prices Act 1976 (c. 53), s. 21(1)(2)
(1)Subject to and in accordance with this section, an appeal lies from any decision or order of the Court—
(a)in the case of proceedings in England and Wales, to the Court of Appeal;
(b)in the case of proceedings in Scotland, to the Court of Session; and
(c)in the case of proceedings in Northern Ireland, to the Court of Appeal in Northern Ireland.
(2)In proceedings under Part III of the M3Fair Trading Act 1973 (consumer protection) the appeal lies on a question of fact or on a question of law.
(3)In proceedings other than those referred to in subsection (2) above—
(a)the appeal lies on a question of law only and the Court’s decision on a question of fact is final; and
(b)the appeal—
(i)to the Court of Appeal, or to the Court of Appeal in Northern Ireland, is by way of case stated: and
(ii)to the Court of Session, is by way of stated case.
Marginal Citations
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
(2)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 is not invalidated by the repeal but has effect as if done under that provision.
(3)The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
Textual Amendments
Modifications etc. (not altering text)
C2The text of s. 11(3) 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.
(1)This Act may be cited as the Restrictive Practices Court Act 1976.
(2)This Act extends to Northern Ireland.
(3)This Act shall come into operation on such day as the Lord Chancellor may appoint by order made by statutory instrument.
Modifications etc. (not altering text)
C315.12.1976 appointed under s. 12(3) by S.I. 1976/1896
Section 11.
Modifications etc. (not altering text)
C4The text of Sch. 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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: