SCHEDULES
F9SCHEDULE 6 Notification under Chapter II: Procedure
Terms used
1
In this Schedule—
“applicant” means the person making an application to which this Schedule applies;“application” means an application under section 21 or an application under section 22;“application for guidance” means an application under section 21;“application for a decision” means an application under section 22;“other party”, in relation to conduct of two or more persons, means one of those persons other than the applicant;“rules” means rules made by theF1OFTunder section 51; and“specified” means specified in the rules.
General rules about applications
C12
1
An application must be made in accordance with rules.
2
If the conduct to which an application relates is conduct of two or more persons, the applicant must take all reasonable steps to notify all of the other parties of whom he is aware—
a
that the application has been made; and
b
as to whether it is for guidance or a decision.
3
Notification under sub-paragraph (2) must be in the specified manner.
Preliminary investigation
3
1
2
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 22.
Procedure on application for guidance
4
When determining an application for guidance, the F1OFT must follow such procedure as may be specified.
Procedure on application for a decision
5
1
When determining an application for a decision, the F1OFT must follow such procedure as may be specified.
2
The F1OFT must arrange for the application to be published in such a way as F3it thinks most suitable for F4bringing the application to the attention of those likely to be affected by it, unless F5the OFT is satisfied that it will be sufficient F7... to seek information from one or more particular persons other than the applicant.
3
Publication of decisions
6
Delay by the F1OFT
7
1
2
The court may give such directions to the F1OFT as it considers appropriate for securing that the application is determined without unnecessary further delay.
Sch. 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. 51 (with reg. 6(2))