The Merger Reference (Thomas Cook Group Limited and Barclays Bank plc) (No.2) Order 1994

1.—(1) This Order may be cited as The Merger Reference (Thomas Cook Group Limited and Barclays Bank plc) (No.2) Order 1994 and shall come into force on 23rd November 1994.

(2) For the purposes of this Order—

(a) “control” has the same meaning as in section 65 of the Fair Trading Act 1973;

(b) “Interpayment travellers' cheques” means travellers' cheques issued by “ISL or by Barclays Bank of Canada and bearing the “Visa” trade mark under licence from Visa International Service Association;

(c) “ISL” means Interpayment Services Limited and any subsidiary thereof;

(d) “issuer” in relation to a travellers cheque means the person named as the issuer on the face of the cheque who assumes an obligation to pay the face value of the cheque in accordance with the agreement of purchase between the issuer and the purchaser;

(e) “sales agent” means a person who has agreed to sell travellers' cheques issued by a third party as agent for that third party and “sales agency”shall be construed accordingly;

(f) “sales force” means persons who solicit sales agents and develop and maintain sales agency relationships;

(g) “subsidiary” has the same meaning as in section 736 of the Companies Act 1985;

(h) “TCG” means The Thomas Cook Group Limited and any subsidiary thereof other than “ISL;

(i) “travellers' cheque” means an instrument identified as a travellers' cheque on its face or commonly recognised as a travellers cheque and denominated in a money multiple of sterling or other currency with provision for a specimen signature of the purchaser to be completed at the time of purchase and a counter-signature of the purchaser to be completed at the time that the travellers cheque is encashed by a third party or accepted by a third party as payment;

(j) “Visa Global Refund Service”means the facility operated by, or by a third party on behalf of, Visa International Service Association which provides emergency assistance to purchasers of travellers' cheques bearing the “Visa” trade mark in the event of the loss or theft of those travellers cheques.