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Competition Act 1998

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Changes over time for: Section 59

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Version Superseded: 01/08/2012

Status:

Point in time view as at 01/05/2004. This version of this provision has been superseded. Help about Status

Changes to legislation:

Competition Act 1998, Section 59 is up to date with all changes known to be in force on or before 08 March 2025. 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. Help about Changes to Legislation

59 [F1Interpretation of Part 1].U.K.

(1)In this Part—

  • [F2"agreement" is to be read with section 2(5) and (6);]

  • F3...

  • [F4“Article 81(1)” means Article 81(1) of the Treaty;]

  • [F4“Article 81(3)” means Article 81(3) of the Treaty;]

  • [F5“Article 82” means Article 82 of the Treaty;]

  • block exemption” has the meaning given in section 6(4);

  • block exemption order” has the meaning given in section 6(2);

  • the Chapter I prohibition” has the meaning given in section 2(8);

  • the Chapter II prohibition” has the meaning given in section 18(4);

  • the Commission” (except in relation to the Competition Commission) means the European Commission;

  • the Council” means the Council of the European Union;

  • the court”, except in sections 58[F6, 58A] and 60 and the expression “European Court”, means—

    (a)

    in England and Wales, the High Court;

    (b)

    in Scotland, the Court of Session; and

    (c)

    in Northern Ireland, the High Court;

  • F7...

  • document” includes information recorded in any form;

  • the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being;

  • the European Court” means the Court of Justice of the European Communities and includes the Court of First Instance;

  • [F8“the EC Competition Regulation” means Council Regulation (EC) No. 1/2003 of 16th December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty;]

  • [F9individual exemption” has the meaning given in section 4(2);]

  • information” includes estimates and forecasts;

  • investigating officer” has the meaning given in section 27(1);

  • [F10“investigation” means an investigation under section 25;]

  • Minister of the Crown” has the same meaning as in the Ministers of the M1Crown Act 1975;

  • [F11OFCOM” means the Office of Communications;]

  • officer”, in relation to a body corporate, includes a director, manager or secretary and, in relation to a partnership in Scotland, includes a partner;

  • [F12the OFT” means the Office of Fair Trading;]

  • parallel exemption” has the meaning given in section 10(3);

  • person”, in addition to the meaning given by the M2Interpretation Act 1978, includes any undertaking;

  • [F13“premises” includes any land or means of transport;]

  • prescribed” means prescribed by regulations made by the Secretary of State;

  • regulator” has the meaning given by section 54;

  • section 11 exemption” has the meaning given in section 11(3); and

  • the Treaty” means the treaty establishing the European Community.

  • [F14 the Tribunal” means the Competition Appeal Tribunal;

  • Tribunal rules” means rules under section 15 of the Enterprise Act 2002.]

  • [F15“working day” means a day which is not—

    (a)

    Saturday,

    (b)

    Sunday,

    (c)

    Christmas Day,

    (d)

    Good Friday, or

    (e)

    a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.]

(2)The fact that to a limited extent the Chapter I prohibition does not apply to an agreement, because of an exclusion provided by or under this Part or any other enactment, does not require those provisions of the agreement to which the exclusion relates to be disregarded when considering whether the agreement infringes the prohibition for other reasons.

(3)For the purposes of this Part, the power to require information, in relation to information recorded otherwise than in a legible form, includes power to require a copy of it in a legible form.

(4)Any power conferred on the [F16OFT] by this Part to require information includes power to require any document which [F16it] believes may contain that information.

Textual Amendments

F3Words in s. 59(1) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 6(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F6Word in s. 59(1) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 20(3), 279; S.I. 2003/1397, art. 2(1), Sch.

F7Words in s. 59(1) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(44)(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F11Words in s. 59(1) inserted (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(7), 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)

F12Words in s. 59(1) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(44)(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.)

F14Words in s. 59(1) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 6(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F16Words in s. 59(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(44)(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.)

Modifications etc. (not altering text)

C1Pt. 1 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(3), 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)

Commencement Information

I1S. 59 wholly in force at 11.1.1999; s. 59 not in force at Royal Assent see s. 76(3); s. 59 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; s. 59 in force in so far as not already in force by S.I. 1998/3166, art. 2, Sch.

Marginal Citations

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