Part IV General

Non-notifiable agreements

F127A Non-notifiable agreements.

(1)

For the purposes of this Act, a non-notifiable agreement is one which—

(a)

is subject to registration under this Act,

(b)

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

(c)

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

(d)

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

(2)

Without prejudice to the generality of paragraph (b) of subsection (1) above, an order under that paragraph may frame a description by reference—

(a)

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

(b)

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).

(3)

In subsection (1)(c) above, the reference to a price-fixing agreement is to an agreement to which this Act applies by virtue of—

(a)

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

(b)

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

(4)

An order under subsection (1)(b) above shall be made by statutory instrument and may contain such transitional provisions as the Secretary of State considers appropriate.