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SCHEDULES

SCHEDULE 13U.K. Transitional Provisions and Savings

Part IIU.K. During the Interim Period

Block exemptionsU.K.

4(1)The Secretary of State may, at any time during the interim period, make one or more orders for the purpose of providing block exemptions which are effective on the starting date.U.K.

(2)An order under this paragraph has effect as if properly made under section 6.

Certain agreements to be non-notifiable agreementsU.K.

5U.K.An agreement which—

(a)is made during the interim period, and

(b)satisfies the conditions set out in paragraphs (a), (c) and (d) of section 27A(1) of the RTPA,

is to be treated as a non-notifiable agreement for the purposes of the RTPA.

Application of RTPA during the interim periodU.K.

6U.K.In relation to agreements made during the interim period—

(a)the Director is no longer under the duty to take proceedings imposed by section 1(2)(c) of the RTPA but may continue to do so;

(b)section 21 of that Act has effect as if subsections (1) and (2) were omitted; and

(c)section 35(1) of that Act has effect as if the words “or within such further time as the Director may, upon application made within that time, allow” were omitted.

GuidanceU.K.

7(1)Sub-paragraphs (2) to (4) apply in relation to agreements made during the interim period.U.K.

(2)An application may be made to the Director in anticipation of the coming into force of section 13 in accordance with directions given by the Director and such an application is to have effect on and after the starting date as if properly made under section 13.

(3)The Director may, in response to such an application—

(a)give guidance in anticipation of the coming into force of section 2; or

(b)on and after the starting date, give guidance under section 15 as if the application had been properly made under section 13.

(4)Any guidance so given is to have effect on and after the starting date as if properly given under section 15.

Modifications etc. (not altering text)

C1Sch. 13 para. 7 modified (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(8), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)