in respect of an agreement if and for so long as he thinks it appropriate so to do having regard to the operation of any directly applicable Community provision and to the purpose and effect of any authorisation or exemption granted in relation to such a provision;

for enabling a single application to be made to the Court in respect of a number of related agreements, or separate applications made in respect of related agreements to be heard together;

for enabling the Court to determine in a summary way any issue arising in relation to an agreement where it appears to the Court that the relevant provisions of the agreement and the circumstances of the case are substantially similar to the provisions and circumstances considered, in relation to any other agreement, in any previous proceedings before the Court;

for enabling the Court to make an order for the payment by any party to proceedings under sections 1, 2 and 4 above of costs in respect of proceedings in which he is guilty of unreasonable delay, or in respect of any improper, vexatious, prolix or unnecessary proceedings or any other unreasonable conduct on his part.

does not have power to order the payment of costs by any party to proceedings under sections 1, 2 and 4 above except so far as may be provided by rules made in pursuance of subsection (1)(c) above; but

without prejudice to section 9(3) of the M2Restrictive Practices Court Act 1976, the Court has power in exercise of its jurisdiction under sections 26, 35 and 37 below to order the payment of costs by any party to proceedings before the Court.

at such premises within the United Kingdom; and

in such form;

any declaration made under section 1(3) above;

any order made under section 2 above;

particulars containing information the publication of which would in the Secretary of State’s opinion be contrary to the public interest;

particulars containing information whose publication would, in the Secretary of State’s opinion, substantially damage the legitimate business interests of any person, not being information whose publication is, in the Secretary of State’s opinion, in the public interest.

the names and addresses of the persons who are parties to the agreement; and

the whole of the terms of the agreement, whether or not relating to any such restriction or information provision as is described in this Act.

an agreement which is subject to registration under this Act F4and is not a non-notifiable agreement; and

the variation or determination of F5an agreement which, at the time of the variation or determination, falls within paragraph (a) above;

has effect by virtue of section 8 above as if it were an agreement between members of a trade association, or persons represented on the trade association by such members;

has effect by virtue of section 16 above as if it were an agreement between members of a services supply association, or persons represented on the services supply association by such members;

any person party to an agreement; or

the Director, in respect of an agreement of which particulars have been furnished to him under this Act;

the only question in relation to which the declaration is sought is whether or not the agreement is a non-notifiable agreement, and

the Director considers that any restrictions or information provisions by virtue of which this Act applies to the agreement are of such significance as to call for investigation by the Court.

a party to an agreement makes an application for a declaration under subsection (2) above,

the question in relation to which the declaration is sought is relevant to the existence of a duty to furnish particulars of the agreement under section 24 above, and

the application is made before the expiry of the time within which particulars of the agreement are required to be furnished if the duty to furnish particulars under that section applies,

then, if particulars of the agreement have not been furnished under that section before the commencement of the proceedings, that time shall be extended by a time equal to the time during which the proceedings and any appeal therein are pending, and such further time, if any, as the Court may direct.

in the case of an application by a person other than the Director, on the Director;

in the case of an application by the Director, on the parties to the agreement or such of them as may be prescribed or determined by or under the rules;

for regulating the procedure to be followed in connection with the furnishing of particulars, information and documents under section 24 above and section 36 below;

for prescribing the form of any notice, certificate or other document to be given, made or furnished under the provisions of this Act;

for regulating the inspection of the register or of any document kept by the Director;

for prescribing anything authorised or required by this Act to be prescribed by regulations made under this section.

the time for furnishing particulars of an agreement or variation to the Director is determined by entry (a), (f) or (i) in the Table in paragraph 5(1) of Schedule 2 to this Act, and

that time has not expired.

carries on business within the United Kingdom, and

is a party to the agreement,

carries on business within the United Kingdom, and

is a party to the agreement concerned,

is subject to registration under this Act,

is, and has always been, of a description specified for the purposes of this section by order made by the Secretary of State,

is not, and has never been, a price-fixing agreement, and

is not an agreement in respect of which the Director has entered or filed particulars under section 1(2)(b) above.

to the size of the businesses of the parties to an agreement, whether expressed by reference to turnover, as defined in the order, or to market share, as so defined, or in any other manner, or

to exemption under, or any steps taken or decision given under or for the purpose of, any directly applicable Community provision (including any such provision as it has effect from time to time).

a restriction in respect of any of the matters set out in section 6(1)(a) or (b) or 11(2)(a) above, or

an information provision in respect of any of the matters set out in section 7(1)(a) or (b) or 12(2)(a) above.

that the agreement is calculated to promote the carrying out of an industrial or commercial project or scheme of substantial importance to the national economy;

that its object or main object is to promote efficiency in a trade or industry or to create or improve productive capacity in an industry;

that the object cannot be achieved or achieved within a reasonable time except by means of the agreement or of an agreement for similar purposes;

that no restrictions are accepted or information provisions made under the agreement other than such as are reasonably necessary to achieve that object; and

that the agreement is on balance expedient in the national interest.

that the object or main object of the agreement has not been or is not likely to be achieved, or that any other condition or exemption is no longer satisfied in respect of the agreement; or

that the agreement is used for purposes other than those for which it was approved;

the approval shall be treated as extending to the agreement as varied, but

the order shall cease to have effect unless the Secretary of State receives particulars of the variation before the end of the period of 21 days from the day of the variation.

in so far as the variation is made by an instrument in writing, be given by producing the original or a true copy of the instrument, and

in so far as the variation is not so made, be given by producing a memorandum in writing signed by a party to the agreement.

he shall discontinue his existing consideration, and

that subsection, in its application by virtue of his receipt of the further particulars, shall have effect to require him to consider the combined effect of the variation which was the subject of that consideration and the variation to which those particulars relate.

the power conferred by subsection (5D) shall not become, or shall cease to be, exercisable by virtue of that notice, and

subsection (5C) above, in its application by virtue of his receipt of the further particulars, shall have effect to require him to consider the combined effect of the variation which was the subject of that notice and the variation to which those particulars relate.

the end of the period of 56 days beginning with the first date on which he received under subsection (5A)(b) above particulars of a variation to which his decision relates, or

if earlier, the end of the period of 28 days beginning with the date of notice of his decision.

lay before each House of Parliament a copy of any order made under this section and of the agreement to which the order relates; and

make available for public inspection a copy of any such agreement.

lay before each House of Parliament a copy of the notice and of the variation to which the notice relates; and

make available for public inspection a copy of the variation.

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

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

to the prices to be charged in connection with transactions of any description and is designed either to prevent or restrict increases or to secure reductions in those prices; or

in relation to an agreement to which this Act applies by virtue of an order under section 11 or section 12 above, to the charges to be made in connection with transactions of any description and is designed either to prevent or restrict increases or to secure reductions in those charges.

the approval shall be treated as extending to the agreement, or term, as varied, but

the order shall cease to have effect unless the competent authority which made the order receive particulars of the variation before the end of the period of 21 days from the day of the variation.

in so far as the variation is made by an instrument in writing, be given by producing the original or a true copy of the instrument, and

in so far as the variation is not so made, be given by producing a memorandum in writing signed by a party to the agreement.

a copy of any agreement or term of an agreement approved by order under this sectionF17; and

where an authority receive particulars of a variation of an agreement or term of an agreement under subsection (4A)(b) above and decide not to make an order under subsection (4C) above, a copy of the variation.

subsection (2) or subsection (4) of section 8 above;

subsection (3) or subsection (5) of section 16 above;

the requirement of that subsection as to the giving of notice shall be treated as a requirement to give notice to the association;

as to the time within which the agreement is to be concluded or the recommendation issued; and

as to the furnishing of copies of the agreement or recommendation to the Secretary of State or other competent authority.

that it carries on business in the production or supply of goods or in the supply of services or in the application to goods of any process of manufacture;

that its shares are wholly or mainly held by industrial and provident societies; and

that those societies are retail societies or societies whose shares are wholly or mainly held by retail societies;

that the society has made an agreement which would have been subject to registration under this Act if the approval had not been given, or that such a recommendation as is mentioned in section 8(2) or (4) above has been made by or on behalf of the society; and

that the agreement or recommendation has such adverse effects on competition that it should not be precluded from being investigated by the Court under the provisions of this Act.

any reference to an agreement which would have been subject to registration under this Act if the approval had not been given included a reference to an agreement which would in those circumstances have been subject to such registration by virtue of the order; and

any reference to such a recommendation as is mentioned in section 8(2) or (4) included a reference to such a recommendation as is mentioned in section 16(3) or (5).

the marketing or preparation for market by the association of produce produced by members of the association on land occupied by them and used for agriculture or forestry (with or without similar produce not so produced); or

the marketing or preparation for market by the association of fish or shellfish caught or taken by members of the association in the course of their business (with or without fish or shellfish not so caught or taken); or

the supply by the association to the members of goods required for the production of that produce on that land, or for the catching or taking of fish or shellfish in the course of that business, as the case may be; or

the production of produce or the catching or taking of fish or shellfish, as the case may be, by members of the association; or

the supply of produce, or the supply of fish or shellfish, as the case may be, by members of the association;

the association is or is deemed to be registered under the Industrial and Provident Societies Acts 1965 to 1975 or, being a company within the meaning of the F20Companies Act 1985, contains in its memorandum or articles of association such provisions as may be prescribed by order of the Ministers with respect to the number of members, numbers of shares held by members, distribution of profits, voting rights or other matters;

at least 90 per cent of the voting power is attached to shares held by persons occupying land used for agriculture or forestry or both, or by persons engaged in the business of catching or taking fish or shellfish, as the case may be; and

in relation to agreements of such classes as may be prescribed by the order; or

in relation to agreements, or agreements of any class, made by associations of such classes as may be so prescribed;

to prejudice any powers exercisable in relation to the functions of Ministers of the Crown and government departments by virtue of Her Majesty’s prerogative, or

to affect the power of any Secretary of State to perform any functions of that office in place of the Secretary of State entrusted with the discharge of those functions.

the agreement is void in respect of all restrictions accepted or information provisions made thereunder; and

it is unlawful for any person party to the agreement who carries on business within the United Kingdom to give effect to, or enforce or purport to enforce, the agreement in respect of any such restrictions or information provisions.

the agreement in respect of any restrictions or information provisions;

other agreements in contravention of subsection (1) above;

any person party to the agreement who carries on business within the United Kingdom;

a trade association or a services supply association of which any such person is a member; or

any person acting on behalf of any such association.

subsection (2) or subsection (4) of section 8 above;

subsection (3) or subsection (5) of section 16 above;

any finding of fact relevant to that issue which was made on the application shall be evidence (and in Scotland sufficient evidence) of that fact; and

any decision on a question of law relevant to that issue which was given on the application shall be binding on the court in so far as the material facts found in those proceedings are the same as were found on the application.

a person carrying on within the United Kingdom any such business as is described in section 6(1) above; or

a trade association, the members of which consist of or include persons carrying on business as so described, or representatives of such persons; or

a person carrying on within the United Kingdom any business of supplying services brought under control by an order under section 11 or section 12 above; or

an association which, in relation to such an order, is a services supply association;

any such matters as are described in paragraphs (a) to (f) of section 6(1); or

any such matters as are described in paragraphs (a) to (h) of section 7(1) above; or

matters specified in the relevant order for the purposes of section 11(1)(b) above; or

matters specified in the relevant order for the purposes of section 12(1)(b) above;

is a non-notifiable agreement, or

has ceased to be a non-notifiable agreement by virtue of the Director entering or filing particulars of it under section 1(2)(b) above,

requiring him to furnish such documents or information in his possession or control as the Director considers expedient for the purposes of, or in connection with, the registration of the agreement.

any such trade association as is mentioned in subsection (1)(b) above; or

any such services supply association as is mentioned in subsection (1)(d) above;

relates to exports from the United Kingdom; and

would, but for paragraph 6(1) of Schedule 3 to this Act, be an agreement subject to registration under this Act.

the Director shall take part in the examination and for that purpose may be represented by solicitor or counsel;

the person examined shall answer all such questions as the Court may put or allow to be put to him, but may at his own cost employ a solicitor with or without counsel, who shall be at liberty to put to him such questions as the Court may deem just for the purpose of enabling him to explain or qualify any answers given by him;

notes of the examination shall be taken down in writing and shall be read over to or by, and signed by, the person examined, and may thereafter be used in evidence against him;

the Court may require the person examined to produce any such particulars, documents or information in his possession or control as may be specified in the notice given by the Director as aforesaid.

of any director, manager, secretary or other officer of that body corporate; or

of any other person who is employed by the body corporate and appears to the Court to be likely to have particular knowledge of any of the matters in respect of which the notice was given.

the reference in subsection (1) above to matters in respect of which the Director has given notice to the person examined shall be construed as a reference to matters in respect of which notice was given to the body corporate; and

in paragraph (d) of subsection (2) above and in paragraph (c) so far as it relates to evidence, references to the person examined shall include references to the body corporate.

in relation to a trade association which is not incorporated;

in relation to a services supply association which is not incorporated;

makes any statement, or furnishes any document, which he knows to be false in a material particular; or

recklessly makes any statement, or furnishes any document, which is false in a material particular; or

wilfully alters, suppresses or destroys any document which he is required to furnish as aforesaid;

on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £100, or to both such imprisonment and such a fine; or

on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both such imprisonment and a fine.

not exceeding £100; or

not exceeding £10 for every day on which the default continues within the three months next following his conviction for the first-mentioned offence;

in England and Wales except by or with the consent of the Director of Public Prosecutions or the Director;

in Northern Ireland except by or with the consent of the Attorney General for Northern Ireland or the Director.

within three years after the commission of the offence; and

within twelve months after the date on which evidence sufficient in the opinion of the Director of Public Prosecutions, the Attorney General for Northern Ireland or the Director, as the case may be, to justify the proceedings comes to his knowledge;

within three years after the commission of the offence; and

within twelve months after the date on which evidence sufficient in the Director’s opinion to justify a report to the Lord Advocate with a view to consideration of the question of proceedings comes to the Director’s knowledge;