Reports by the [Office of Fair Trading] U.K.
3.—(1) The Treasury shall before deciding—U.K.
(a)whether to refuse to approve a person as Operator of a relevant system pursuant to paragraph 1(1); or
(b)whether to refuse leave for the granting of an approval pursuant to paragraph 2(2),
send to the [Office of Fair Trading (in this Schedule referred to as “the OFT")] a copy of the rules and of any guidance which the Treasury are required to consider in making that decision together with such other information as the Treasury consider will assist in discharging [its] functions under subparagraph (2).
(2) The [OFT] shall report to the Treasury whether, in [its] opinion, the rules and guidance copies of which are sent to [it] under subparagraph (1) have, or are intended or likely to have, to any significant extent the effect of restricting, distorting or preventing competition and, if so, what that effect is likely to be; and in making any decision as is mentioned in subparagraph (1) the Treasury shall have regard to the [OFT's] report.
(3) The Treasury shall send to the [OFT] copies of any notice received by them under regulation 10(5) or paragraph 2(3) together with such other information as the Treasury consider will assist the [OFT] in discharging [its] functions under subparagraphs (4) and (5).
(4) The [OFT] shall keep under review—
(a)the rules, guidance and practices mentioned in paragraph 1(2); and
(b)the matters specified in the notices of which copies are sent to [it] under subparagraph (3),
and if at any time [it] is of the opinion that any such rules or guidance taken together with any such matters, have, or are intended or likely to have, to any significant extent the effect mentioned in subparagraph (2), [it] shall report [its] opinion to the Treasury stating what in [its] opinion that effect is or is likely to be.
(5) The [OFT] may report to the Treasury [its] opinion that any such matter as is mentioned in subparagraph (4)(b) does not in [its] opinion have, and is not intended or likely to have, to any significant extent the effect mentioned in subparagraph (2).
(6) The [OFT] may from time to time consider whether any such practices as are mentioned in paragraph 1(2) have, or are intended or likely to have, to any significant extent the effect mentioned in subparagraph (2) and, if so, what that effect is or is likely to be; and if [it] is of that opinion [it] shall make a report to the Treasury stating [its] opinion and what the effect is or is likely to be.
(7) The Treasury shall not exercise their powers under paragraph 1(3) or 2(4) except after receiving a report from the [OFT] under subparagraph (4) or (6).
(8) The [OFT] may, if [it] thinks fit, publish any report made by him under this paragraph but shall exclude from a published report, so far as practicable, any matter which relates to the affairs of a particular person (other than the person seeking approval as an Operator) the publication of which would or might in [its] opinion seriously and prejudicially affect the interests of that person.
Textual Amendments
Commencement Information