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Competition Act 1998 (c. 41)(The document as of February, 2008) Page 12 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 (b) in subsection (5), omit "or section 10 of the Act of 1980". The Chiropractors Act 1994 (c. 17)17 Section 33 of the Chiropractors Act 1994 (competition and anti-competitive practices) is amended as follows-- (a) in subsection (4), omit paragraph (b) and the "or" immediately before it; (b) in subsection (5), omit "or section 10 of the Act of 1980". The Coal Industry Act 1994 (c. 21)18 In section 59(4) of the Coal Industry Act 1994 (information to be kept confidential by the Coal Authority)-- (a) omit paragraphs (e) and (f); and (b) after paragraph (m), insert-- " (n) the Competition Act 1998. " The Deregulation and Contracting Out Act 1994 (c. 40)19 (1) The Deregulation and Contracting Out Act 1994 is amended as follows. (2) Omit-- (a) section 10 (restrictive trade practices: non-notifiable agreements); and (b) section 11 (registration of commercially sensitive information). (3) In section 12 (anti-competitive practices: competition references), omit subsections (1) to (6). (4) In Schedule 4, omit paragraph 1. (5) In Schedule 11 (miscellaneous deregulatory provisions: consequential amendments), in paragraph 4, omit sub-paragraphs (3) to (7). The Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))20 (1) The Airports (Northern Ireland) Order 1994 is amended as follows. (2) In Article 35 (which makes provision about references by the CAA to the Competition Commission), for paragraph (3) substitute-- " (3) The provisions mentioned in paragraph (3A) are to apply in relation to references under Article 34 as if-- (a) the functions of the Competition Commission in relation to those references were functions under the 1973 Act; (b) the expression "merger reference" included a reference under that Article; (c) in section 70 of the 1973 Act-- (i) references to the Secretary of State were references to the Director, and (ii) the reference to three months were a reference to six months. (3A) The provisions are-- (a) sections 70 (time limit for report on merger) and 85 (attendance of witnesses and production of documents) of the 1973 Act; (b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission's general functions); and (c) section 24 of the 1980 Act (modification of provisions about performance of such functions). " (3) In Article 36, omit paragraph (3) (which falls with the repeal of the [1976 c. 34.] Restrictive Trade Practices Act 1976). (4) In Article 45 (orders under the 1973 Act or 1980 Act modifying or revoking conditions)-- (a) in paragraph (1), omit "or section 10(2)(a) of the 1980 Act"; (b) in paragraph (3), omit sub-paragraph (c) and the "or" immediately before it; (c) in paragraph (4), omit "or the 1980 Act". (5) In Article 47 (co-ordination of exercise of functions by CAA and Director of Fair Trading), in paragraph (a)(ii), omit "or the 1980 Act". (6) In Schedule 9, omit paragraph 5 (which amends the Restrictive Trade Practices Act 1976). The Broadcasting Act 1996 (c. 55)21 In section 77 of the Broadcasting Act 1996 (which modifies the Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision), omit subsection (2). Section 74(2). SCHEDULE 13 Transitional Provisions and SavingsPart I GeneralInterpretation1 (1) In this Schedule--
(2) Sections 30, 44, 51, 53, 55, 56, 57 and 59(3) and (4) and paragraph 12 of Schedule 9 ("the applied provisions") apply for the purposes of this Schedule as they apply for the purposes of Part I of this Act. (3) Section 2(5) applies for the purposes of any provisions of this Schedule which are concerned with the operation of the Chapter I prohibition as it applies for the purposes of Part I of this Act. (4) In relation to any of the matters in respect of which a regulator may exercise powers as a result of paragraph 35(1), the applied provisions are to have effect as if references to the Director included references to the regulator. (5) The fact that to a limited extent the Chapter I prohibition does not apply to an agreement, because a transitional period is provided by virtue of this Schedule, does not require those provisions of the agreement in respect of which there is a transitional period to be disregarded when considering whether the agreement infringes the prohibition for other reasons. General power to make transitional provision and savings2 (1) Nothing in this Schedule affects the power of the Secretary of State under section 75 to make transitional provisions or savings. (2) An order under that section may modify any provision made by this Schedule. Advice and information3 (1) The Director may publish advice and information explaining provisions of this Schedule to persons who are likely to be affected by them. (2) Any advice or information published by the Director under this paragraph is to be published in such form and manner as he considers appropriate. Part II During the Interim PeriodBlock exemptions4 (1) The Secretary of State may, at any time during the interim period, make one or more orders for the purpose of providing block exemptions which are effective on the starting date. (2) An order under this paragraph has effect as if properly made under section 6. Certain agreements to be non-notifiable agreements5 An agreement which-- (a) is made during the interim period, and (b) satisfies the conditions set out in paragraphs (a), (c) and (d) of section 27A(1) of the RTPA, is to be treated as a non-notifiable agreement for the purposes of the RTPA. Application of RTPA during the interim period6 In relation to agreements made during the interim period-- (a) the Director is no longer under the duty to take proceedings imposed by section 1(2)(c) of the RTPA but may continue to do so; (b) section 21 of that Act has effect as if subsections (1) and (2) were omitted; and (c) section 35(1) of that Act has effect as if the words "or within such further time as the Director may, upon application made within that time, allow" were omitted. Guidance7 (1) Sub-paragraphs (2) to (4) apply in relation to agreements made during the interim period. (2) An application may be made to the Director in anticipation of the coming into force of section 13 in accordance with directions given by the Director and such an application is to have effect on and after the starting date as if properly made under section 13. (3) The Director may, in response to such an application-- (a) give guidance in anticipation of the coming into force of section 2; or (b) on and after the starting date, give guidance under section 15 as if the application had been properly made under section 13. (4) Any guidance so given is to have effect on and after the starting date as if properly given under section 15. Part III On the Starting DateApplications which fall8 (1) Proceedings in respect of an application which is made to the Court under any of the provisions mentioned in sub-paragraph (2), but which is not determined before the starting date, cease on that date. (2) The provisions are-- (a) sections 2(2), 35(3), 37(1) and 40(1) of the RTPA and paragraph 5 of Schedule 4 to that Act; (b) section 4(1) of the RTPA so far as the application relates to an order under section 2(2) of that Act; and (c) section 25(2) of the RPA. (3) The power of the Court to make an order for costs in relation to any proceedings is not affected by anything in this paragraph or by the repeals made by section 1. Orders and approvals which fall9 (1) An order in force immediately before the starting date under-- (a) section 2(2), 29(1), 30(1), 33(4), 35(3) or 37(1) of the RTPA; or (b) section 25(2) of the RPA, ceases to have effect on that date. (2) An approval in force immediately before the starting date under section 32 of the RTPA ceases to have effect on that date. Part IV On and After the Starting DateChapter I GeneralDuty of Director to maintain register etc.10 (1) This paragraph applies even though the relevant provisions of the RTPA are repealed by this Act. (2) The Director is to continue on and after the starting date to be under the duty imposed by section 1(2)(a) of the RTPA to maintain a register in respect of agreements-- (a) particulars of which are, on the starting date, entered or filed on the register; (b) which fall within sub-paragraph (4); (c) which immediately before the starting date are the subject of proceedings under the RTPA which do not cease on that date by virtue of this Schedule; or (d) in relation to which a court gives directions to the Director after the starting date in the course of proceedings in which a question arises as to whether an agreement was, before that date-- (i) one to which the RTPA applied; (ii) subject to registration under that Act; (iii) a non-notifiable agreement for the purposes of that Act. (3) The Director is to continue on and after the starting date to be under the duties imposed by section 1(2)(a) and (b) of the RTPA of compiling a register of agreements and entering or filing certain particulars in the register, but only in respect of agreements of a kind referred to in paragraph (b), (c) or (d) of sub-paragraph (2). (4) An agreement falls within this sub-paragraph if-- (a) it is subject to registration under the RTPA but-- (i) is not a non-notifiable agreement within the meaning of section 27A of the RTPA, or (ii) is not one to which paragraph 5 applies; (b) particulars of the agreement have been provided to the Director before the starting date; and (c) as at the starting date no entry or filing has been made in the register in respect of the agreement. (5) Sections 23 and 27 of the RTPA are to apply after the starting date in respect of the register subject to such modifications, if any, as may be prescribed. (6) In sub-paragraph (2)(d) "court" means-- (a) the High Court; (b) the Court of Appeal; (c) the Court of Session; (d) the High Court or Court of Appeal in Northern Ireland; or (e) the House of Lords. RTPA section 3 applications11 (1) Even though section 3 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply, with such modifications (if any) as may be prescribed-- (a) in relation to a continuing application under that section; or (b) so as to allow an application to be made under that section on or after the starting date in respect of a continuing application under section 1(3) of the RTPA. (2) "Continuing application" means an application made, but not determined, before the starting date. RTPA section 26 applications12 (1) Even though section 26 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply, with such modifications (if any) as may be prescribed, in relation to an application which is made under that section, but not determined, before the starting date. (2) If an application under section 26 is determined on or after the starting date, this Schedule has effect in relation to the agreement concerned as if the application had been determined immediately before that date. Right to bring civil proceedings13 (1) Even though section 35 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply in respect of a person who, immediately before the starting date, has a right by virtue of section 27ZA or 35(2) of that Act to bring civil proceedings in respect of an agreement (but only so far as that right relates to any period before the starting date or, where there are continuing proceedings, the determination of the proceedings). (2) Even though section 25 of the RPA is repealed by this Act, the provisions of that section (and so far as necessary that Act) are to continue to apply in respect of a person who, immediately before the starting date, has a right by virtue of subsection (3) of that section to bring civil proceedings (but only so far as that right relates to any period before the starting date or, where there are continuing proceedings, the determination of the proceedings). Chapter II Continuing ProceedingsThe general rule14 (1) The Chapter I prohibition does not apply to an agreement at any time when the agreement is the subject of continuing proceedings under the RTPA. (2) The Chapter I prohibition does not apply to an agreement relating to goods which are the subject of continuing proceedings under section 16 or 17 of the RPA to the extent to which the agreement consists of exempt provisions. (3) In sub-paragraph (2) "exempt provisions" means those provisions of the agreement which would, disregarding section 14 of the RPA, be-- (a) void as a result of section 9(1) of the RPA; or (b) unlawful as a result of section 9(2) or 11 of the RPA. (4) If the Chapter I prohibition does not apply to an agreement because of this paragraph, the provisions of, or made under, the RTPA or the RPA are to continue to have effect in relation to the agreement. (5) The repeals made by section 1 do not affect-- (a) continuing proceedings; or (b) proceedings of the kind referred to in paragraph 11 or 12 of this Schedule which are continuing after the starting date. Meaning of "continuing proceedings"15 (1) For the purposes of this Schedule "continuing proceedings" means proceedings in respect of an application made to the Court under the RTPA or the RPA, but not determined, before the starting date. (2) But proceedings under section 3 or 26 of the RTPA to which paragraph 11 or 12 applies are not continuing proceedings. (3) The question whether (for the purposes of Part III, or this Part, of this Schedule) an application has been determined is to be decided in accordance with sub-paragraphs (4) and (5). (4) If an appeal against the decision on the application is brought, the application is not determined until-- (a) the appeal is disposed of or withdrawn; or (b) if as a result of the appeal the case is referred back to the Court-- (i) the expiry of the period within which an appeal ("the further appeal") in respect of the Court's decision on that reference could have been brought had this Act not been passed; or (ii) if later, the date on which the further appeal is disposed of or withdrawn. (5) Otherwise, the application is not determined until the expiry of the period within which any party to the application would have been able to bring an appeal against the decision on the application had this Act not been passed. RTPA section 4 proceedings16 Proceedings on an application for an order under section 4 of the RTPA are also continuing proceedings if-- (a) leave to make the application is applied for before the starting date but the proceedings in respect of that application for leave are not determined before that date; or (b) leave to make an application for an order under that section is granted before the starting date but the application itself is not made before that date. RPA section 16 or 17 proceedings17 Proceedings on an application for an order under section 16 or 17 of the RPA are also continuing proceedings if-- (a) leave to make the application is applied for before the starting date but the proceedings in respect of that application for leave are not determined before that date; or (b) leave to make an application for an order under section 16 or 17 of the RPA is granted before the starting date, but the application itself is not made before that date. Continuing proceedings which are discontinued18 (1) On an application made jointly to the Court by all the parties to any continuing proceedings, the Court must, if it is satisfied that the parties wish it to do so, discontinue the proceedings. (2) If, on an application under sub-paragraph (1) or for any other reason, the Court orders the proceedings to be discontinued, this Schedule has effect (subject to paragraphs 21 and 22) from the date on which the proceedings are discontinued as if they had never been instituted. Chapter III The Transitional PeriodThe general rule19 (1) Except where this Chapter or Chapter IV provides otherwise, there is a transitional period, beginning on the starting date and lasting for one year, for any agreement made before the starting date. (2) The Chapter I prohibition does not apply to an agreement to the extent to which there is a transitional period for the agreement. (3) The Secretary of State may by regulations provide for sections 13 to 16 and Schedule 5 to apply with such modifications (if any) as may be specified in the regulations, in respect of applications to the Director about agreements for which there is a transitional period. Cases for which there is no transitional period20 (1) There is no transitional period for an agreement to the extent to which, immediately before the starting date, it is-- (a) void under section 2(1) or 35(1)(a) of the RTPA; (b) the subject of an order under section 2(2) or 35(3) of the RTPA; or (c) unlawful under section 1, 2 or 11 of the RPA or void under section 9 of that Act. (2) There is no transitional period for an agreement to the extent to which, before the starting date, a person has acted unlawfully for the purposes of section 27ZA(2) or (3) of the RTPA in respect of the agreement. (3) There is no transitional period for an agreement to which paragraph 25(4) applies. (4) There is no transitional period for-- (a) an agreement in respect of which there are continuing proceedings, or (b) an agreement relating to goods in respect of which there are continuing proceedings, to the extent to which the agreement is, when the proceedings are determined, void or unlawful. Continuing proceedings under the RTPA21 In the case of an agreement which is the subject of continuing proceedings under the RTPA, the transitional period begins-- (a) if the proceedings are discontinued, on the date of discontinuance; (b) otherwise, when the proceedings are determined. Continuing proceedings under the RPA22 (1) In the case of an agreement relating to goods which are the subject of continuing proceedings under the RPA, the transitional period for the exempt provisions of the agreement begins-- (a) if the proceedings are discontinued, on the date of discontinuance; (b) otherwise, when the proceedings are determined. (2) In sub-paragraph (1) "exempt provisions" has the meaning given by paragraph 14(3). Provisions not contrary to public interest23 (1) To the extent to which an agreement contains provisions which, immediately before the starting date, are provisions which the Court has found not to be contrary to the public interest, the transitional period lasts for five years. (2) Sub-paragraph (1) is subject to paragraph 20(4). (3) To the extent to which an agreement which on the starting date is the subject of continuing proceedings is, when the proceedings are determined, found by the Court not to be contrary to the public interest, the transitional period lasts for five years. Goods24 (1) In the case of an agreement relating to goods which, immediately before the starting date, are exempt under section 14 of the RPA, there is a transitional period for the agreement to the extent to which it consists of exempt provisions. (2) Sub-paragraph (1) is subject to paragraph 20(4). (3) In the case of an agreement relating to goods-- (a) which on the starting date are the subject of continuing proceedings, and (b) which, when the proceedings are determined, are found to be exempt under section 14 of the RPA, there is a transitional period for the agreement, to the extent to which it consists of exempt provisions. (4) In each case, the transitional period lasts for five years. (5) In sub-paragraphs (1) and (3) "exempt provisions" means those provisions of the agreement which would, disregarding section 14 of the RPA, be-- (a) void as a result of section 9(1) of the RPA; or (b) unlawful as a result of section 9(2) or 11 of the RPA. Transitional period for certain agreements25 (1) This paragraph applies to agreements-- (a) which are subject to registration under the RTPA but which-- (i) are not non-notifiable agreements within the meaning of section 27A of the RTPA, or (ii) are not agreements to which paragraph 5 applies; and (b) in respect of which the time for furnishing relevant particulars as required by or under the RTPA expires on or after the starting date. (2) "Relevant particulars" means-- (a) particulars which are required to be furnished by virtue of section 24 of the RTPA; or (b) particulars of any variation of an agreement which are required to be furnished by virtue of sections 24 and 27 of the RTPA. (3) There is a transitional period of one year for an agreement to which this paragraph applies if-- (a) relevant particulars are furnished before the starting date; and (b) no person has acted unlawfully (for the purposes of section 27ZA(2) or (3) of the RTPA) in respect of the agreement. (4) If relevant particulars are not furnished by the starting date, section 35(1)(a) of the RTPA does not apply in relation to the agreement (unless sub-paragraph (5) applies). (5) This sub-paragraph applies if a person falling within section 27ZA(2) or (3) of the RTPA has acted unlawfully for the purposes of those subsections in respect of the agreement. Special cases26 (1) In the case of an agreement in respect of which-- (a) a direction under section 127(2) of the [1986 c. 60.] Financial Services Act 1986 ("the 1986 Act") is in force immediately before the starting date, or (b) a direction under section 194A(3) of the [1990 c. 42.] Broadcasting Act 1990 ("the 1990 Act") is in force immediately before the starting date, the transitional period lasts for five years. Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 -- Back --
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