Courts and Legal Services Act 1990

Prospective

45 Advisory and supervisory functions of [F1 Office of Fair Trading] . E+W

(1) Where the [F2 Secretary 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 [F3 OFT].

(2) The [F3 OFT] 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 [F3 OFT] has completed [F4 its] consideration [F4 it] shall give such advice to the [F2 Secretary of State] as [F4 it] thinks fit.

(4) The [F3 OFT]shall keep under review the rules made by the Board and the regulations made by the [F2 Secretary of State] under section 40.

(5) If the [F3 OFT]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, [F5 it] shall report [F5 its] opinion to the [F2 Secretary of State] .

(6) Any report under subsection (5) shall state what, in the [F6 OFT’s]opinion, is the effect of the rule or regulation or its likely effect.

(7) The [F3 OFT]may publish any advice given by [F7 it]under subsection (3) or report made by [F7 it] under subsection (5).

(8) The [F3 OFT] 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 [F8 its] opinion, seriously and prejudicially affect the interests of that person.

Textual Amendments

F1 Words 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)

F2 Words 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)

F3 Words 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)

F4 Words 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)

F5 Words 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)

F6 Word 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)

F7 Words 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)

F8 Word 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)