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Competition Act 1998, Cross Heading: The Companies Act 1989 (c.40) is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Sch. 2 Pt. 2 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. 49(2) (with reg. 6(2))
2(1)The Companies Act 1989 is amended as follows.U.K.
(2)In Schedule 14, for paragraph 9 (exclusion of certain agreements from the M1Restrictive Trade Practices Act 1976), substitute—
9(1)The Chapter I prohibition does not apply to an agreement for the constitution of a recognised supervisory or qualifying body to the extent to which it relates to—
(a)rules of, or guidance issued by, the body; and
(b)incidental matters connected with the rules or guidance.
(2)The Chapter I prohibition does not apply to an agreement the parties to which consist of or include—
(a)a recognised supervisory or qualifying body, or
(b)any person mentioned in paragraph 3(5) or (6) above,
to the extent to which the agreement consists of provisions the inclusion of which in the agreement is required or contemplated by the rules or guidance of that body.
(3)The Chapter I prohibition does not apply to the practices mentioned in paragraph 3(4)(a) and (b) above.
(4)Where a recognition order is revoked, sub-paragraphs (1) to (3) above are to continue to apply for a period of six months beginning with the day on which the revocation takes effect, as if the order were still in force.
(5)In this paragraph—
(a)“the Chapter I prohibition” means the prohibition imposed by section 2(1) of the Competition Act 1998,
(b)references to an agreement are to be read as applying equally to, or in relation to, a decision or concerted practice,
and expressions used in this paragraph which are also used in Part I of the Competition Act 1998 are to be interpreted in the same way as for the purposes of that Part of that Act.
(6)In the application of this paragraph to decisions and concerted practices, references to provisions of an agreement are to be read as references to elements of a decision or concerted practice.”]
Marginal Citations
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