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Courts and Legal Services Act 1990
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Changes over time for: Section 45
No longer has effect: 31/03/2009
Alternative versions:
- 31/03/2009- Amendment
- 01/08/1998
Point in time - Prospective- Amendment
- Stop date 31/03/2009- Amendment
- 01/08/1998
Point in time
Status:
Point in time view as at 01/08/1998. This version of this provision never came into effect.
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You are viewing this provision as it would have stood if it had come into force. It was repealed before it came into force.
Changes to legislation:
Courts and Legal Services Act 1990, Section 45 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Prospective
45 Advisory and supervisory functions of [F1Office of Fair Trading] .E+W
(1)Where the [F2Secretary of State] is considering whether—
(a)to approve any rules which the Board is proposing to make; or
(b)to make any regulations under section 40,
he shall first send a copy of the proposed rules or regulations to the [F3OFT].
(2)The [F3OFT] shall consider whether the proposed rules or regulations would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent.
(3)When the [F3OFT] has completed [F4its] consideration [F4it] shall give such advice to the [F2Secretary of State] as [F4it] thinks fit.
(4)The [F3OFT]shall keep under review the rules made by the Board and the regulations made by the [F2Secretary of State] under section 40.
(5)If the [F3OFT]is of the opinion that any such rule or regulation has, or is likely to have, the effect of restricting, distorting or preventing competition to any significant extent, [F5it] shall report [F5its] opinion to the [F2Secretary of State] .
(6)Any report under subsection (5) shall state what, in the [F6OFT’s]opinion, is the effect of the rule or regulation or its likely effect.
(7)The [F3OFT]may publish any advice given by [F7it]under subsection (3) or report made by [F7it] under subsection (5).
(8)The [F3OFT] shall, so far as practicable, exclude from anything published under subsection (7) any matter—
(a)which relates to the affairs of a particular person; and
(b)the publication of which would, or might in the [F8its] opinion, seriously and prejudicially affect the interests of that person.
Textual Amendments
F1Words in s. 45 sidenote substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(g); S.I. 2003/766, art. 2, Sch. (with art. 3)
F2Words in ss. 43-45 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(a) (with arts. 6, 8)
F3Words in s. 45 substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F4Words in s. 45(3) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)
F5Words in s. 45(5) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(c); S.I. 2003/766, art. 2, Sch. (with art. 3)
F6Word in s. 45(6) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(d); S.I. 2003/766, art. 2, Sch. (with art. 3)
F7Words in s. 45(7) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(e); S.I. 2003/766, art. 2, Sch. (with art. 3)
F8Word in s. 45(8)(b) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(f); S.I. 2003/766, art. 2, Sch. (with art. 3)
45 Advisory and supervisory functions of Director General of Fair Trading.E+W
(1)Where the Lord Chancellor is considering whether—
(a)to approve any rules which the Board is proposing to make; or
(b)to make any regulations under section 40,
he shall first send a copy of the proposed rules or regulations to the Director.
(2)The Director shall consider whether the proposed rules or regulations would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent.
(3)When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.
(4)The Director shall keep under review the rules made by the Board and the regulations made by the Lord Chancellor under section 40.
(5)If the Director is of the opinion that any such rule or regulation has, or is likely to have, the effect of restricting, distorting or preventing competition to any significant extent, he shall report his opinion to the Lord Chancellor.
(6)Any report under subsection (5) shall state what, in the Director’s opinion, is the effect of the rule or regulation or its likely effect.
(7)The Director may publish any advice given by him under subsection (3) or report made by him under subsection (5).
(8)The Director shall, so far as practicable, exclude from anything published under subsection (7) any matter—
(a)which relates to the affairs of a particular person; and
(b)the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.
45 Advisory and supervisory functions of [F1Office of Fair Trading] .E+W
(1)Where the Lord Chancellor is considering whether—
(a)to approve any rules which the Board is proposing to make; or
(b)to make any regulations under section 40,
he shall first send a copy of the proposed rules or regulations to the [F3OFT].
(2)The [F3OFT] shall consider whether the proposed rules or regulations would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent.
(3)When the [F3OFT] has completed [F4its] consideration [F4it] shall give such advice to the Lord Chancellor as [F4it] thinks fit.
(4)The [F3OFT]shall keep under review the rules made by the Board and the regulations made by the Lord Chancellor under section 40.
(5)If the [F3OFT]is of the opinion that any such rule or regulation has, or is likely to have, the effect of restricting, distorting or preventing competition to any significant extent, [F5it] shall report [F5its] opinion to the Lord Chancellor.
(6)Any report under subsection (5) shall state what, in the [F6OFT’s]opinion, is the effect of the rule or regulation or its likely effect.
(7)The [F3OFT]may publish any advice given by [F7it]under subsection (3) or report made by [F7it] under subsection (5).
(8)The [F3OFT] shall, so far as practicable, exclude from anything published under subsection (7) any matter—
(a)which relates to the affairs of a particular person; and
(b)the publication of which would, or might in the [F8its] opinion, seriously and prejudicially affect the interests of that person.
Textual Amendments
F1Words in s. 45 sidenote substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(g); S.I. 2003/766, art. 2, Sch. (with art. 3)
F3Words in s. 45 substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F4Words in s. 45(3) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)
F5Words in s. 45(5) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(c); S.I. 2003/766, art. 2, Sch. (with art. 3)
F6Word in s. 45(6) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(d); S.I. 2003/766, art. 2, Sch. (with art. 3)
F7Words in s. 45(7) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(2)(e); S.I. 2003/766, art. 2, Sch. (with art. 3)
F8Word in s. 45(8)(b) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(f); S.I. 2003/766, art. 2, Sch. (with art. 3)
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