Restrictive Trade Practices Act 1976 (repealed 1.3.2000)

7 Information agreements as to goods. U.K.

(1) The Secretary of State may be statutory instrument make an order directing that this Act shall apply to information agreements (whenever made) of any class described in the order; and in this section “information agreement” means an agreement between two or more persons carrying on within the United Kingdom any such business as is described in section 6(1) above, whether with or without other parties, being an agreement under which provision is made for or in relation to the furnishing by two or more parties to each other or to other persons (whether parties or not) of information in respect of any of the following matters—

(a) the prices charged, quoted or paid or to be charged, quoted or paid for goods which have been or are to be supplied, offered or acquired or for the application of any process of manufacture to goods;

(b) the prices to be recommended or suggested as the prices to be charged or quoted in respect of the resale of goods supplied;

(c) the terms or conditions on or subject to which goods have been or are to be supplied or acquired or any such process has been or is to be applied to goods;

(d) the quantities or descriptions of goods produced, supplied or acquired or to be produced, supplied or acquired;

(e) the costs incurred or to be incurred in producing, supplying or acquiring goods or in applying any such process to goods;

(f) the processes of manufacture which have been or are to be applied to any goods or the quantities or descriptions of goods to which any such process has been or is to be applied;

(g) the persons or classes of persons to or for whom goods have been or are to be supplied, or from or for whom goods have been or are to be acquired, or for whom any such process has been or is to be applied;

(h) the areas or places in or from which goods have been or are to be supplied or acquired or in which any such process has been or is to be applied to goods.

(2) For the purposes of subsection (1) above it is immaterial—

(a) whether any information provisions made by the parties to an agreement relate to the same or different matters specified in that subsection, or have the same or different effect in relation to any matter so specified, and

(b) whether the parties by whom any information is to be furnished carry on the same class or different classes of business.

(3) An order under this section may describe the classes of information agreements to which it applies by reference to one or more of the following matters—

(a) the trade or industry in which the persons to whom the information provision made by the agreement applies are engaged, or the class of business carried on by such persons;

(b) the character of the information provision made by the agreement, or the goods, processes, transactions, areas, places or other matters with respect to which that provision relates;

(c) any other features which appear to the Secretary of State to be expedient.

[F1 (3A) An order under this section may specify matters (in addition to those mentioned in section 9) which are to be disregarded in determining whether an agreement is one to which this Act applies by virtue of the order.]

(4) No order shall be made under this section unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.

(5) The Secretary of State shall, before laying before Parliament the draft of an order under this section for applying this Act in relation to information agreements of any class, publish in such manner as he thinks appropriate a notice—

(a) describing the classes of agreements to which the proposed order would apply; and

(b) specifying a period (not being less than 28 days) within which representations with respect to the proposed order may be made to the Secretary of State;

and in settling the draft to be laid before Parliament shall take into consideration any such representations received by him within that period.

Textual Amendments

F1 S. 7(3A) inserted retrospectively by Restrictive Trade Practices Act 1977 (c. 19), s. 3(1)