SCHEDULE 13 Transitional Provisions and Savings
Part IV On and After the Starting Date
Chapter I General
Duty of Director to maintain register etc.
10
(1)
This paragraph applies even though the relevant provisions of the RTPA are repealed by this Act.
(2)
The Director is to continue on and after the starting date to be under the duty imposed by section 1(2)(a) of the RTPA to maintain a register in respect of agreements—
(a)
particulars of which are, on the starting date, entered or filed on the register;
(b)
which fall within sub-paragraph (4);
(c)
which immediately before the starting date are the subject of proceedings under the RTPA which do not cease on that date by virtue of this Schedule; or
(d)
in relation to which a court gives directions to the Director after the starting date in the course of proceedings in which a question arises as to whether an agreement was, before that date—
(i)
one to which the RTPA applied;
(ii)
subject to registration under that Act;
(iii)
a non-notifiable agreement for the purposes of that Act.
(3)
The Director is to continue on and after the starting date to be under the duties imposed by section 1(2)(a) and (b) of the RTPA of compiling a register of agreements and entering or filing certain particulars in the register, but only in respect of agreements of a kind referred to in paragraph (b), (c) or (d) of sub-paragraph (2).
(4)
An agreement falls within this sub-paragraph if—
(a)
it is subject to registration under the RTPA but—
(i)
is not a non-notifiable agreement within the meaning of section 27A of the RTPA, or
(ii)
is not one to which paragraph 5 applies;
(b)
particulars of the agreement have been provided to the Director before the starting date; and
(c)
as at the starting date no entry or filing has been made in the register in respect of the agreement.
(5)
Sections 23 and 27 of the RTPA are to apply after the starting date in respect of the register subject to such modifications, if any, as may be prescribed.
(6)
In sub-paragraph (2)(d) “court” means—
(a)
the High Court;
(b)
the Court of Appeal;
(c)
the Court of Session;
(d)
the High Court or Court of Appeal in Northern Ireland; or
F1(e)
the Supreme Court.