Broadcasting Act 1990

Section 39.

SCHEDULE 4 U.K. References with Respect to Networking Arrangements

Report by [F1 OFT] on reference under s. 39 U.K.

Textual Amendments

F1 Words in Sch. 4 para. 1 cross-heading substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

1 (1) Where any reference is made to [F2 the Office of Fair Trading (“the OFT”) ] under section 39(12)(a), it shall be the duty of the [F3 OFT] — U.K.

(a) to publish a notice of the reference, together with a description of the arrangements to which it relates, in such manner as [F3 it] considers most suitable for bringing it to the attention of persons who, in [F3 its] opinion, would be affected by or be likely to have an interest in it;

(b) to consider whether those arrangements satisfy the competition test in accordance with paragraph 2; and

(c) to make a report on those arrangements within the period of six months beginning with the date of publication of the notice referred to in paragraph (a).

(2) If, while the [F3 OFT] is proceeding with any such reference, [F3 it] is informed in accordance with section 39(12)(b) of this Act of any modification to the arrangements in question, [F3 it] may, if [F3 it] thinks fit, treat the reference as varied so far as is necessary to take account of the modification; and, if [F3 it] does so, references to those arrangements in sub-paragraph (1)(b) and (c) shall accordingly be construed as references to those arrangements as modified.

(3) The [F3 OFT’s ] report on any arrangements shall contain [F3 its] conclusions on the question whether the arrangements satisfy the competition test and may contain such an account of [F3 its] reasons for those conclusions as is, in [F3 its] opinion, expedient for facilitating a proper understanding of those conclusions.

(4) If those conclusions are to the effect that the arrangements do not satisfy the competition test, the report shall specify the modifications which the [F3 OFT] considers would, if incorporated in the arrangements, result in them satisfying that test.

(5) Subsections (6) and (7) of section 186 of this Act shall have effect in relation to any report made by the [F3 OFT] under this paragraph as they have effect in relation to any report made by him under that section.

(6) The [F3 OFT] shall send a copy of any report made by him under this paragraph to the [F4 ITC] and to every holder of a regional Channel 3 licence.

Textual Amendments

F2 Words in Sch. 4 para. 1 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(a)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F3 Words in Sch. 4 para. 1 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(a)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F4 Word in Sch. 4 para. 1(6) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(iii)

The competition test U.K.

2 (1) For the purposes of this Schedule arrangements satisfy the competition test if— U.K.

(a) they do not have, and are not intended or likely to have, the effect of restricting, distorting or preventing competition in connection with any business activity in the United Kingdom; or

(b) they do have, or are intended or likely to have, such an effect but they would satisfy the criteria set out in paragraph 3 of Article 85 of the E.E.C. Treaty (agreements contributing to improving the production or distribution of goods or to promoting technical or economic progress) if that paragraph were to be construed as relating only to the effects within the United Kingdom of agreements between undertakings.

(2) For the purposes of sub-paragraph (1)(b) any arrangements made by the [F5 ITC] shall be treated as if they constituted an agreement between undertakings within the meaning of Article 85(3).

(3) In determining whether any arrangements would satisfy the criteria referred to in that provision, the [F6 OFT] or, as the case may be, the [F7 Competition Commission] shall have regard to any principles laid down by or decision of the European Court, or any court attached thereto, so far as relevant to the construction of Article 85(3).

Textual Amendments

F5 Word in Sch. 4 para. 2(2) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(iii)

F6 Word in Sch. 4 para. 2(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F7 Words in Sch. 4 para. 2(3) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(i)

Duty to modify arrangements in consequence of [F8 OFT’s] report U.K.

Textual Amendments

F8 Words in Sch. 4 para. 3 cross-heading substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

3 (1) Where the [F9 OFT’s] report on any arrangements specifies any modifications in pursuance of paragraph 1(4), then (subject to sub-paragraph (2))— U.K.

(a) if the arrangements were made by the holders of regional Channel 3 licences, the [F10 ITC] shall notify all the holders of such licences of the period within which the modifications are to be incorporated in the arrangements, being such period as may be determined by the [F9 OFT] after consulting the [F10 ITC]; and

(b) if the arrangements were made by the [F10 ITC], the [F10 ITC] shall—

(i) incorporate those modifications in the arrangements with effect from such date as may be so determined, and

(ii) notify all the holders of such licences of the arrangements as modified.

(2) If a reference relating to the [F9 OFT’s] report is made to the [F11 Competition Commission] under paragraph 4 and they have begun to proceed with it in accordance with that paragraph, the modifications referred to in sub-paragraph (1) above shall not be required to be incorporated in the arrangements by virtue of that sub-paragraph—

(a) if the reference is in respect of the arrangements as a whole, or

(b) (in any other case) to the extent that the modifications fall to be considered by the MMC on the reference.

(3) Each regional Channel 3 licence shall include such conditions as appear to the [F10 ITC] to be appropriate in consequence of this paragraph.

Textual Amendments

F9 Words in Sch. 4 para. 3 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F10 Word in Sch. 4 para. 3(1)(a)(b)(3) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(iii)

F11 Words in Sch. 4 para. 3(2) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(ii)

References to MMC U.K.

4 (1) Where the [F12 OFT’s] report on any arrangements contains any such conclusions as are mentioned in paragraph 1(4), the [F13 ITC] or the holder of any regional Channel 3 licence may, within the relevant period, make to the [F14 Competition Commission] a reference which is so framed as to require the [F14 Competition Commission] to investigate and report on either or both of the following questions, namely— U.K.

(a) whether the arrangements, or any particular provisions of the arrangements, satisfy the competition test;

(b) whether the modifications specified in the report, or any particular modification so specified, ought to be incorporated in the arrangements for the purpose of enabling them to satisfy that test.

(2) In sub-paragraph (1) “the relevant period” means the period of four weeks beginning with the date of publication of the [F12 OFT’s] report.

(3) Where a reference is made to the [F14 Competition Commission] under this paragraph, the [F14 Competition Commission] shall (subject to sub-paragraphs (4) and (5))—

(a) publish a notice of the reference in such manner as they consider most suitable for bringing it to the attention of persons who, in the opinion of the [F14 Competition Commission], would be affected by or be likely to have an interest in it; and

(b) make a report on the reference within the period of three months beginning with the date of publication of the notice referred to in paragraph (a).

(4) The period referred to in sub-paragraph (3)(b) may be extended by the [F14 Competition Commission]by a further period of three months if they consider it necessary to do so.

(5) The [F14 Competition Commission] shall not be required to proceed with any reference under this paragraph which appears to them to be frivolous or vexatious; but, where they decide not to proceed with any such reference, they shall publish a notice of their decision in such manner as they consider appropriate.

(6) If—

(a) while the [F14 Competition Commission] are proceeding with any reference under this paragraph, the [F12 OFT] is informed in accordance with section 39(12)(b) of this Act of any modification to the arrangements in respect of which the reference has been made, and

(b) it appears to [F12 it] that the modification is material to any issue falling to be considered by the [F14 Competition Commission] on the reference,

[F12 it] shall refer the modification to the [F14 Competition Commission], who may, if they think fit, treat the reference as varied so far as is necessary to take account of the modification; and, if they do so, references to those arrangements in paragraphs 5 and 6 shall accordingly be construed as references to those arrangements as modified.

F15 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Words in Sch. 4 para. 4 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(d)(i), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F13 Word in Sch. 4 para. 4(1) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(iii)

F14 Words in Sch. 4 para. 4(1)(3)-(6) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(ii)

F15 Sch. 4 para. 4(7)(7A) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(d)(ii), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

[F16 Further provision about references under paragraph 4 U.K.

Textual Amendments

F16 Sch. 4 para. 4A and cross-heading inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(e); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

4A (1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in sub-paragraphs (2) and (3), for the purposes of references under paragraph 4 as they apply for the purposes of references under that Part— U.K.

(a) section 109 (attendance of witnesses and production of documents etc.);

(b) section 110 (enforcement of powers under section 109: general);

(c) section 111 (penalties);

(d) section 112 (penalties: main procedural requirements);

(e) section 113 (payments and interest by instalments);

(f) section 114 (appeals in relation to penalties);

(g) section 115 (recovery of penalties); and

(h) section 116 (statement of policy).

(2) Section 110 shall, in its application by virtue of sub-paragraph (1), have effect as if—

(a) subsection (2) were omitted; and

(b) in subsection (9) the words from “or section” to “section 65(3))” were omitted.

(3) Section 111(5)(b)(ii) shall, in its application by virtue of sub-paragraph (1), have effect as if—

(a) for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”;

(b) for the words “published (or given)”, in both places where they appear, there were substituted ”made“; and

(c) the words “by this Part” were omitted.

(4) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of sub-paragraph (1), have effect in relation to those sections as applied by virtue of that sub-paragraph.

(5) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of that sub-paragraph.]

Report by MMC on reference under paragraph 4 U.K.

5 (1) The [F17 Competition Commission]’s report on a reference under paragraph 4 shall contain their conclusions on the question or questions comprised in the reference, together with such an account of their reasons for those conclusions as is, in their opinion, expedient for facilitating a proper understanding of those conclusions. U.K.

(2) If the [F17 Competition Commission]’s conclusions on any such question as is mentioned in paragraph 4(1)(a) are to the effect that the arrangements, or any particular provisions of the arrangements, do not satisfy the competition test, the report shall specify the modifications which the [F17 Competition Commission] consider would, if incorporated in the arrangements, result in the arrangements or (as the case may be) the provisions in question satisfying that test (and those modifications may to any extent differ from those specified by the [F18 OFT] in pursuance of paragraph 1(4)).

(3) If the [F17 Competition Commission]’s conclusions on any such question as is mentioned in paragraph 4(1)(b) are to the effect that any modification so specified by the [F18 OFT] ought to be incorporated for the purpose mentioned in that provision, the [F17 Competition Commission] shall (unless the report specifies a like modification in pursuance of sub-paragraph (2) above) affirm that modification in the report; but, if their conclusions on any such question are to the effect that any such modification ought not to be so incorporated, the report shall specify such other modification (if any) as appears to them to be appropriate for that purpose.

(4) The [F17 Competition Commission] shall—

(a) publish any report made by them under this paragraph in such manner as they consider appropriate; and

(b) send a copy of it to the [F18 OFT], to the [F19 ITC] and to every holder of a regional Channel 3 licence.

F20 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21 (5A) For the purposes of paragraph 6, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.

(5B) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under paragraph 4 as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

(5C) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under paragraph 4.

(5D) In making any report on a reference under paragraph 4 the Competition Commission must have regard to the following considerations before disclosing any information.

(5E) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest.

(5F) The second consideration is the need to exclude from disclosure (so far as practicable)—

(a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests.

(5G) The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (5F)(a) or (b) is necessary for the purposes of the report.]

Textual Amendments

F17 Words in Sch. 4 para. 5 substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(ii)

F18 Word in Sch. 4 para. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(f)(i), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F19 Word in Sch. 4 para. 5(4)(b) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(iii)

F20 Sch. 4 para. 5(5) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(f)(ii); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F21 Sch. 4 para. 5(5A)-(5G) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(f)(iii); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Duty to modify arrangements in consequence of MMC’s report U.K.

6 (1) Where the [F22 Competition Commission] report on any reference under paragraph 4 specifies any modifications or modification in pursuance of paragraph 5(2) or (3), or any modification specified by the [F23 OFT] is affirmed in such a report, then— U.K.

(a) if the arrangements to which the report relates were made by the holders of regional Channel 3 licences, the [F24 ITC] shall notify all the holders of such licences of the period within which any such modifications or modification are or is to be incorporated in the arrangements, being such period as may be determined by the [F23 OFT] after consulting the [F24 ITC]; and

(b) if those arrangements were made by the [F24 ITC], the [F24 ITC] shall—

(i) incorporate any such modifications or modification in the arrangements with effect from such date as may be so determined, and

(ii) notify all the holders of such licences of the arrangements as modified.

(2) Paragraph 3(3) shall have effect in relation to this paragraph as it has effect in relation to paragraph 3.

Textual Amendments

F22 Words in Sch. 4 para. 6(1) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(ii)

F23 Word in Sch. 4 para. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(g); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F24 Word in Sch. 4 para. 6(1)(a)(b) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(iii)

Power of [F25 OFT] to review previous decision with respect to arrangements U.K.

Textual Amendments

F25 Words in Sch. 4 para. 7 cross-heading substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(h); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

7 (1) The [F26 OFT] may at any time after making a report under paragraph 1 with respect to any arrangements— U.K.

(a) consider afresh whether the arrangements (as for the time being in force) satisfy the competition test; and

(b) make a further report on those arrangements in accordance with sub-paragraphs (3) to (5) of paragraph 1.

(2) If, while any arrangements are under consideration by the [F26 OFT] under this paragraph, [F26 it] is informed in accordance with section 39(12)(b) of this Act of any modification of those arrangements, [F26 it] may, if [F26 it] thinks fit, decide to vary the matters under consideration so far as is necessary to take account of the modification; and, if [F26 it] does so, references to those arrangements in sub-paragraph (1)(a) and (b) above shall accordingly be construed as references to those arrangements as modified.

(3) The [F26 OFT] shall send a copy of any report made by [F26 it] under this paragraph to the [F27 ITC] and to every holder of a regional Channel 3 licence.

(4) Paragraphs 2 to 6 shall have effect in relation to any such report as they have effect in relation to a report made by the [F26 OFT] under paragraph 1.

Textual Amendments

F26 Words in Sch. 4 para. 7 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(h); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F27 Word in Sch. 4 para. 7(3) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(iii)

Power to obtain information U.K.

8 (1) The [F28 OFT] may serve on any person a notice requiring him, at a time and a place specified in the notice— U.K.

(a) to produce to the [F28 OFT] such documents specified or described in the notice (being documents in the custody or under the control of that person), or

(b) to furnish [F29 the OFT], in a form specified in the notice, with such estimates, returns or other information specified or described in it,

as [F29 it] may require for the purpose of making any report under this Schedule.

(2) A person shall not by virtue of sub-paragraph (1) be compelled—

(a) to produce any document which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session, or

(b) in complying with any requirement for the furnishing of evidence, to give any information which he could not be compelled to give in evidence in such proceedings.

F30 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Word in Sch. 4 para. 8 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(i)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F29 Words in Sch. 4 para. 8(1)(b) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(i)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F30 Sch. 4 para. 8(3)(4) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(i)(iii), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

[F31 Enforcement U.K.

Textual Amendments

F31 Sch. 4 paras. 8A-8C and cross-headings inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(j); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

8A (1) The court may, on an application by the OFT, enquire into whether any person (“the defaulter”) has refused or otherwise failed, without reasonable excuse, to comply with a notice under paragraph 8(1). U.K.

(2) An application under sub-paragraph (1) shall include details of the possible failure which the OFT considers has occurred.

(3) In enquiring into a case under sub-paragraph (1), the court shall hear any witness who may be produced against or on behalf of the defaulter and any statement which may be offered in defence.

(4) Sub-paragraphs (5) and (6) apply where the court is satisfied, after hearing any witnesses and statements as mentioned in sub-paragraph (3), that the defaulter has refused or otherwise failed, without reasonable excuse, to comply with the notice under paragraph 8(1).

(5) The court may punish the defaulter as it would have been able to punish him had he been guilty of contempt of court.

(6) Where the defaulter is a body corporate, the court may punish any director or officer of the defaulter as it would have been able to punish that director or officer had the director or officer been guilty of contempt of court.

[F32 (6A) Where the defaulter is a partnership constituted under the law of Scotland, the court may punish any partner of the defaulter as it would have been able to punish him had he been guilty of contempt of court.]

(7) In this section “the court”—

(a) in relation to England and Wales or Northern Ireland, means the High Court, and

(b) in relation to Scotland, means the Court of Session.

Textual Amendments

F32 Sch. 4 para. 8A(6A) inserted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 14(3)

8B (1) A person commits an offence if he intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under paragraph 8(1). U.K.

(2) A person who commits an offence under sub-paragraph (1) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

False or misleading information U.K.

8C (1) A person commits an offence if— U.K.

(a) he supplies any information to the OFT or the Competition Commission in connection with any of their functions under this Schedule;

(b) the information is false or misleading in a material respect; and

(c) he knows that it is false or misleading in a material respect or is reckless as to whether it is false or misleading in a material respect.

(2) A person commits an offence if he—

(a) supplies any information to another person which he knows to be false or misleading in a material respect; or

(b) recklessly supplies any information to another person which is false or misleading in a material respect;

knowing that the information is to be used for the purpose of supplying information to the OFT or the Competition Commission in connection with any of their functions under this Schedule.

(3) A person who commits an offence under sub-paragraph (1) or (2) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(4) This paragraph shall not have effect in relation to the supplying of information to the Competition Commission in connection with its functions under any provision of the Enterprise Act 2002 as applied by virtue of paragraph 4A.]

Duty of [F33 OFT] to assist MMC U.K.

Textual Amendments

F33 Words in Sch. 4 para. 9 cross-heading substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(k); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

9 (1) It shall be the duty of the [F34 OFT], for the purpose of assisting the [F35 Competition Commission] in carrying out an investigation on a reference made to them under paragraph 4, to give to the [F35 Competition Commission]— U.K.

(a) any information which is in [F34 its] possession and which relates to matters falling within the scope of the investigation, and which is either—

(i) requested by the [F35 Competition Commission] for that purpose, or

(ii) information which in [F34 its] opinion it would be appropriate for that purpose to give to the [F35 Competition Commission] without any such request, and

(b) any other assistance which the [F35 Competition Commission] may require, and which it is within [F34 its] power to give, in relation to any such matters;

and the [F35 Competition Commission] shall, for the purpose of carrying out any such investigation, take account of any information given to them for that purpose under this sub-paragraph.

(2) Sub-paragraph (1) shall not affect the operation of paragraph 4(6).

Textual Amendments

F34 Words in Sch. 4 para. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(k); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F35 Words in Sch. 4 para. 9(1) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(ii)

Interpretation U.K.

10 U.K. In this Schedule—

• F36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F37 “the ITC” means the Independent Television Commission.]

• F38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F39 “the OFT” means the Office of Fair Trading.]

Textual Amendments

F36 Words in Sch. 4 para. 10 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(l)(i), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F37 Words in Sch. 4 para. 10 substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(iv)

F38 Words in Sch. 4 para. 10 repealed (1.4.1999) by S.I. 1999/506, art. 29(c)(iv)

F39 Words in Sch. 4 para. 10 inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(l)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)