Restrictive Trade Practices Act 1976 (repealed 1.3.2000)

16 Services supply associations. U.K.

(1) For the purposes of any order made under section 11 or section 12 above, and for the purposes of the relevant provisions, subsections (2) to (6) below have effect in relation to any association (whether incorporated or not) if—

(a) its membership consists wholly or mainly of persons (in this subsection referred to as “members affected by the order”) who are either engaged in the supply of services brought under control by the order or are employed by or represent persons so engaged; and

(b) its objects or activities include the promotion of the interests of persons engaged in the supply of those services who are either members affected by the order or are persons represented by such members.

(2) The relevant provisions have effect in relation to any agreement made by an association described in subsection (1) above (“services supply association”)—

(a) as if the agreement were made between all persons who are members of the association or are represented on it by members of the association, and

(b) where any restriction is accepted under the agreement by the association, or any information provision is made in the agreement by the association, as if the like restriction were accepted by, or (as the case may be) the like provision were made by, each of the persons who are members of the association or are so represented.

(3) In the case of an order under section 11, where—

(a) specific recommendations (whether express or implied) are made by or on behalf of the association to its members, or to any class of its members, and

(b) those recommendations are as to the action to be taken or not to be taken by them in relation to any particular class of services in respect of any matters specified in the order for the purposes of subsection (1)(b) of that section,

the relevant provisions have effect in relation to the agreement for the constitution of the association (notwithstanding any provision in the agreement to the contrary) as if that agreement contained the term mentioned in subsection (4) below.

(4) The term referred to in subsection (3) above is one by which each such member, and any person represented on the association by any such member, agrees to comply with those recommendations and with any subsequent recommendations made to them by or on behalf of the association as to the action to be taken by them in relation to the same class of services and in respect of the same matters.

(5) In the case of an order under section 12 above, where—

(a) specific recommendations (whether express or implied) are made by or on behalf of the association to its members, or to any class of its members, and

(b) those recommendations are as to the furnishing of information in relation to any particular class of services in respect of any matters specified in the order for the purposes of subsection (1)(b) of that section, the relevant provisions have effect in relation to the agreement for the constitution of the association (notwithstanding any provision in the agreement to the contrary) as if that agreement contained the term mentioned in subsection (6) below.

(6) The term referred to in subsection (5) above is one by which each such member, and any person represented on the association by any such member, agrees to comply with those recommendations and with any subsequent recommendations made to them by or on behalf of the association as to the furnishing of information in relation to the same class of services and in respect of the same matters.

Modifications etc. (not altering text)

C1 S. 16(1) restricted by Trustee Savings Bank Act 1981 (c. 65, SIF 110), s. 7(6)

C2 S. 16(3) excluded (1.5.1980) by Competition Act 1980 (c. 21), s. 27

C3 S. 16(3)(5) excluded (S.) by Home Purchase Assistance and Housing Corporation Guarantee Act 1978 (c. 27), s. 2(5)

C4 S. 16(3)(5) excluded (E.W.) by Housing and Building Control Act 1984 (c. 29, SIF 61), s.20(7), Housing Act 1985 (c. 68, SIF 61), s. 454, by Housing Associations Act 1985 (c. 69, SIF 61), s. 84(6)

C5 S. 16(3)(5) excluded (S.) by Housing Associations Act 1985 (c. 69, SIF 61), s. 86(5), by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 227(2), 229(5)