4(1)The exclusion provided by paragraph 1 does not apply to a particular agreement if the [F1OFT] gives a direction under this paragraph to that effect.U.K.
(2)If the [F1OFT] is considering whether to give a direction under this paragraph, [F2it] may by notice in writing require any party to the agreement in question to give [F2the OFT] such information in connection with the agreement as [F2it] may require.
(3)The [F1OFT] may give a direction under this paragraph only as provided in sub-paragraph (4) or (5).
(4)If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (2), the [F1OFT] may give a direction under this paragraph.
(5)The [F1OFT] may also give a direction under this paragraph if—
[F3(a)it considers that the agreement will, if not excluded, infringe the Chapter I prohibition; and]
(b)the agreement is not a protected agreement.
(6)[F4For the purposes of sub-paragraph (5), an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).]
(7)A direction under this paragraph—
(a)must be in writing;
(b)may be made so as to have effect from a date specified in the direction (which may not be earlier than the date on which it is given).
Textual Amendments
F1Word in Sch. 1 para. 4 substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(c)(i); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F2Words in Sch. 1 para. 4(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(c)(ii); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F3Sch. 1 para. 4(5)(a) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 48(2)(a)
F4Sch. 1 para. 4(6) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 48(2)(b) (with reg. 6(2))
Modifications etc. (not altering text)
C1Sch. 1 para. 4 applied (1.3.2000) by S.I. 2000/310, art. 7