Modifications etc. (not altering text)
C1Sch. 5 applied (with modifications) (1.3.2000) by S.I. 2000/263, art. 8
Commencement Information
I1Sch. 5 partly in force; Sch. 5 not in force at Royal Assent, see s. 431; Sch. 5 partly in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
3(1)If, after a preliminary investigation of an application, the [F1OFT] considers that it is likely—U.K.
(a)that the agreement concerned will infringe the Chapter I prohibition, and
(b)that it would not be appropriate to grant the agreement an individual exemption,
[F2it] may make a decision (“a provisional decision”) under this paragraph.
(2)If the [F1OFT] makes a provisional decision—
(a)the [F1OFT] must notify the applicant in writing of [F2its] provisional decision; and
(b)section 13(4) or (as the case may be) section 14(4) is to be taken as never having applied.
(3)When making a provisional decision, the [F1OFT] must follow such procedure as may be specified.
(4)A provisional decision does not affect the final determination of an application.
(5)If the [F1OFT] has given notice to the applicant under sub-paragraph (2) in respect of an application for a decision, he may continue with the application under section 14.
Textual Amendments
F1Words in Sch. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(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.)
F2Words in Sch. 5 para. 3 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(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.)