Price Commission Act 1977

1 Alteration of constitution etc of Commission

(1) The Price Commission (hereafter in this Act referred to as " the Commission ") shall continue in being as a body corporate, but the enactments mentioned in subsections (2) and (3) of this section (which among other things relate to the constitution of the Commission) shall have effect as amended by those subsections.

(2) In section 1(2) of the [1973 c. 9.] Counter-Inflation Act 1973 (which provides for members of the Commission to be appointed by the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly) the words " and the Minister of Agriculture, Fisheries and Food (acting jointly)" shall cease to have effect, and paragraph 20 of Schedule 1 to that Act (which provides for certain references to the Secretary of State to be construed as references to the Secretary of State and the said Minister acting jointly) shall cease to have effect.

(3) The said Schedule 1 (which contains incidental provisions relating to the Commission) shall have effect with the following amendments, namely—

(a) paragraph 1 (which requires the Commission to make reports on the way in which they have discharged their functions under Part II of the 1973 Act) shall cease to have effect;

(b) in paragraph 10 (which provides for the appointment of officers and servants by the Commission after consultation with the Secretary of State) for the words " after consultation with the Secretary of State " and the words " after such consultation " there shall be substituted the words " with the consent of the Secretary of State ";

(c) in paragraph 16, for sub-paragraph (4) (under which a person who does not comply with a summons requiring him to attend and give evidence at an inquiry under the 1973 Act is liable to a fine not exceeding £400) there shall be substituted the following sub-paragraph—

(4) If a person refuses or wilfully neglects to attend in obedience to a summons issued under this paragraph or to give evidence as required by such a summons —

(a) he shall be liable on summary conviction to a fine not exceeding £1,000 ; and

(b) without prejudice to his liability under paragraph (a) above, the High Court may, on the application of the Price Commission, make such order as the Court thinks fit for requiring the refusal or neglect to be remedied

and any such order may provide that all the costs or expenses of and incidental to the application for the order shall be borne by the person in consequence of whose refusal or neglect the order was made;;

(d) in paragraph 16(5) (which adapts for Scotland and Northern Ireland a reference in paragraph 16 to the High Court), for the words " and for the reference " there shall be substituted the words " and for any reference ", after the words "Ireland, for the reference " there shall be inserted the words " in sub-paragraph (2) above " and at the end there shall be inserted the words " and for any reference in sub-paragraph (4) above to the High Court there shall be substituted a reference to a judge of the High Court in Northern Ireland "; and

(e) in paragraph 17 (under which the Commission may arrange for the publication of information and advice with respect to the matters there mentioned) after the word "functions," there shall be inserted the words " or matters relating to prices, charges, profits or costs, ".

(4) The provisions of Schedule 1 to this Act shall have effect for the purpose of enabling the functions of the Commission mentioned in paragraph 1(1) of that Schedule to be performed through groups of members of the Commission.

(5) It is hereby declared that the Commission are not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown or as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that their property is not to be regarded as property of or held on behalf of the Crown.