Restrictive Trade Practices Act 1976 (repealed 1.3.2000)

14 Supplementary provisions as to orders under Part III. U.K.

(1) A class of services described in an order under section 11 or section 12 above as being the services brought under control by the order may consist—

(a) of services of one or more descriptions specified in that behalf in the order; or

(b) of all services except services of one or more descriptions so specified; or

(c) of all services without exception.

(2) An order under section 11 or section 12 may limit the operation of the order to agreements fulfilling such conditions (in addition to those mentioned in section 11 or section 12, as the case may be) as may be specified in the order [F1 and may specify matters (in addition to those mentioned in section 18) which are to be disregarded for the purpose of determining whether an agreement is one to which this Act applies by virtue of the order].

(3) In particular, but without prejudice to the generality of subsection (2) above, an order under section 12 may limit the operation of the order to agreements under which the provision for the furnishing of information (as mentioned in subsection (1)(b) of that section) is provision of a kind specified in the order or provides for the furnishing of information of a kind so specified.

(4) Subject to subsection (2) above—

(a) for the purposes of any order under section 11 it is immaterial whether any restrictions accepted by parties to an agreement relate to the same or to different matters specified in the order for the purposes of subsection (1)(b) of that section, or have the same or a different effect in relation to any matter so specified, and

(b) for the purposes of any order under section 12 it is immaterial whether any information provision made by an agreement relates to the same or to different matters specified in the order for the purposes of subsection (1)(b) of that section,

and it is immaterial for those purposes whether the parties accepting any restrictions, or the parties by whom any information is to be furnished, as the case may be, carry on the same class or different classes of business.

(5) Where, at a time when an order under section 11 or section 12 (in this subsection referred to as “the earlier order”) is in force, another order (in this subsection referred to as “the subsequent order”) is made under the same section, the subsequent order may provide that—

(a) for the purposes of the earlier order; or

(b) for the purposes of the subsequent order; or

(c) for the purposes of both orders;

the condition specified in section 11(1)(a) or in section 12(1)(a) as the case may be, shall be treated as fulfilled in relation to an agreement if it is an agreement to which the parties are or include one person carrying on business in the United Kingdom in the supply of services brought under control by the earlier order and one person carrying on business within the United Kingdom in the supply of services brought under control by the subsequent order.

This subsection has effect without prejudice to any power to vary any order made under section 11 or section 12.

(6) In the following provisions of this Part of this Act “the relevant provisions”, in relation to an order under section 11 or section 12 above, means the provisions of this Act as they have effect in relation to that order.

Textual Amendments

F1 Words added retrospectively by Restrictive Trade Practices Act 1977 (c. 19), s. 1(1)