![]() |
|
|
|
|
|
Navigation
News
|
|
Competition Act 1998 (c. 41)(The document as of February, 2008) Page 13 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 the transitional period lasts for five years. (2) To the extent to which an agreement is the subject of a declaration-- (a) made by the Treasury under section 127(3) of the 1986 Act, and (b) in force immediately before the starting date, the transitional period lasts for five years. (3) Sub-paragraphs (1) and (2) do not affect the power of-- (a) the Treasury to make a declaration under section 127(2) of the 1986 Act (as amended by Schedule 2 to this Act), (b) the Secretary of State to make a declaration under section 194A of the 1990 Act (as amended by Schedule 2 to this Act), in respect of an agreement for which there is a transitional period. Chapter IV The UtilitiesGeneral27 In this Chapter "the relevant period" means the period beginning with the starting date and ending immediately before the fifth anniversary of that date. Electricity28 (1) For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of a section 100 order, there is a transitional period-- (a) beginning on the starting date; and (b) ending at the end of the relevant period. (2) For an agreement which is made at any time after the starting date and to which, had the RTPA not been repealed, that Act would not at the time at which the agreement is made have applied by virtue of a section 100 order, there is a transitional period-- (a) beginning on the date on which the agreement is made; and (b) ending at the end of the relevant period. (3) For an agreement (whether made before or after the starting date) which, during the relevant period, is varied at any time in such a way that it becomes an agreement which, had the RTPA not been repealed, would at that time have been one to which that Act did not apply by virtue of a section 100 order, there is a transitional period-- (a) beginning on the date on which the variation is made; and (b) ending at the end of the relevant period. (4) If an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) is varied during the relevant period, the transitional period for the agreement continues if, had the RTPA not been repealed, the agreement would have continued to be one to which that Act did not apply by virtue of a section 100 order. (5) But if an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) ceases to be one to which, had it not been repealed, the RTPA would not have applied by virtue of a section 100 order, the transitional period ends on the date on which the agreement so ceases. (6) Sub-paragraph (3) is subject to paragraph 20. (7) In this paragraph and paragraph 29--
expressions which are also used in Part I of the Electricity Act 1989 have the same meaning as in that Part. Electricity: power to make transitional orders29 (1) There is a transitional period for an agreement (whether made before or after the starting date) relating to the generation, transmission or supply of electricity which-- (a) is specified, or is of a description specified, in an order ("a transitional order") made by the Secretary of State (whether before or after the making of the agreement but before the end of the relevant period); and (b) satisfies such conditions as may be specified in the order. (2) A transitional order may make provision as to when the transitional period in respect of such an agreement is to start or to be deemed to have started. (3) The transitional period for such an agreement ends at the end of the relevant period. (4) But if the agreement-- (a) ceases to be one to which a transitional order applies, or (b) ceases to satisfy one or more of the conditions specified in the transitional order, the transitional period ends on the date on which the agreement so ceases. (5) Before making a transitional order, the Secretary of State must consult the Director General of Electricity Supply and the Director. (6) The conditions specified in a transitional order may include conditions which refer any matter to the Secretary of State for determination after such consultation as may be so specified. (7) In the application of this paragraph to Northern Ireland, the reference in sub-paragraph (5) to the Director General of Electricity Supply is to be read as a reference to the Director General of Electricity Supply for Northern Ireland. Gas30 (1) For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of section 62 or a section 62 order, there is a transitional period-- (a) beginning on the starting date; and (b) ending at the end of the relevant period. (2) For an agreement which is made at any time after the starting date and to which, had the RTPA not been repealed, that Act would not at the time at which the agreement is made have applied by virtue of section 62 or a section 62 order, there is a transitional period-- (a) beginning on the date on which the agreement is made; and (b) ending at the end of the relevant period. (3) For an agreement (whether made before or after the starting date) which, during the relevant period, is varied at any time in such a way that it becomes an agreement which, had the RTPA not been repealed, would at that time have been one to which that Act did not apply by virtue of section 62 or a section 62 order, there is a transitional period-- (a) beginning on the date on which the variation is made; and (b) ending at the end of the relevant period. (4) If an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) is varied during the relevant period, the transitional period for the agreement continues if, had the RTPA not been repealed, the agreement would have continued to be one to which that Act did not apply by virtue of section 62 or a section 62 order. (5) But if an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) ceases to be one to which, had it not been repealed, the RTPA would not have applied by virtue of section 62 or a section 62 order, the transitional period ends on the date on which the agreement so ceases. (6) Sub-paragraph (3) also applies in relation to a modification which is treated as an agreement made on or after 28th November 1985 by virtue of section 62(4). (7) Sub-paragraph (3) is subject to paragraph 20. (8) In this paragraph and paragraph 31--
Gas: power to make transitional orders31 (1) There is a transitional period for an agreement of a description falling within section 62(2)(a) and (b) or section 62(2A)(a) and (b) which-- (a) is specified, or is of a description specified, in an order ("a transitional order") made by the Secretary of State (whether before or after the making of the agreement but before the end of the relevant period); and (b) satisfies such conditions as may be specified in the order. (2) A transitional order may make provision as to when the transitional period in respect of such an agreement is to start or to be deemed to have started. (3) The transitional period for such an agreement ends at the end of the relevant period. (4) But if the agreement-- (a) ceases to be one to which a transitional order applies, or (b) ceases to satisfy one or more of the conditions specified in the transitional order, the transitional period ends on the date when the agreement so ceases. (5) Before making a transitional order, the Secretary of State must consult the Director General of Gas Supply and the Director. (6) The conditions specified in a transitional order may include-- (a) conditions which are to be satisfied in relation to a time before the coming into force of this paragraph; (b) conditions which refer any matter (which may be the general question whether the Chapter I prohibition should apply to a particular agreement) to the Secretary of State, the Director or the Director General of Gas Supply for determination after such consultation as may be so specified. Gas: Northern Ireland32 (1) For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of an Article 41 order, there is a transitional period-- (a) beginning on the starting date; and (b) ending at the end of the relevant period. (2) For an agreement which is made at any time after the starting date and to which, had the RTPA not been repealed, that Act would not at the time at which the agreement is made have applied by virtue of an Article 41 order, there is a transitional period-- (a) beginning on the date on which the agreement is made; and (b) ending at the end of the relevant period. (3) For an agreement (whether made before or after the starting date) which, during the relevant period, is varied at any time in such a way that it becomes an agreement which, had the RTPA not been repealed, would at that time have been one to which that Act did not apply by virtue of an Article 41 order, there is a transitional period-- (a) beginning on the date on which the variation is made; and (b) ending at the end of the relevant period. (4) If an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) is varied during the relevant period, the transitional period for the agreement continues if, had the RTPA not been repealed, the agreement would have continued to be one to which that Act did not apply by virtue of an Article 41 order. (5) But if an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) ceases to be one to which, had it not been repealed, the RTPA would not have applied by virtue of an Article 41 order, the transitional period ends on the date on which the agreement so ceases. (6) Sub-paragraph (3) is subject to paragraph 20. (7) In this paragraph and paragraph 33--
Gas: Northern Ireland – power to make transitional orders33 (1) There is a transitional period for an agreement of a description falling within Article 41(1) which-- (a) is specified, or is of a description specified, in an order ("a transitional order") made by the Department (whether before or after the making of the agreement but before the end of the relevant period); and (b) satisfies such conditions as may be specified in the order. (2) A transitional order may make provision as to when the transitional period in respect of such an agreement is to start or to be deemed to have started. (3) The transitional period for such an agreement ends at the end of the relevant period. (4) But if the agreement-- (a) ceases to be one to which a transitional order applies, or (b) ceases to satisfy one or more of the conditions specified in the transitional order, the transitional period ends on the date when the agreement so ceases. (5) Before making a transitional order, the Department must consult the Director General of Gas for Northern Ireland and the Director. (6) The conditions specified in a transitional order may include conditions which refer any matter (which may be the general question whether the Chapter I prohibition should apply to a particular agreement) to the Department for determination after such consultation as may be so specified. Railways34 (1) In this paragraph--
(2) For a section 131 agreement there is a transitional period of five years. (3) There is a transitional period for a non-exempt agreement to the extent to which the agreement is at any time before the end of the relevant period required or approved-- (a) by the Secretary of State or the Rail Regulator in pursuance of any function assigned or transferred to him under or by virtue of any provision of the 1993 Act; (b) by or under any agreement the making of which is required or approved by the Secretary of State or the Rail Regulator in the exercise of any such function; or (c) by or under a licence granted under Part I of the 1993 Act. (4) The transitional period conferred by sub-paragraph (3)-- (a) is to be taken to have begun on the starting date; and (b) ends at the end of the relevant period. (5) Sub-paragraph (3) is subject to paragraph 20. (6) Any variation of a section 131 agreement on or after the starting date is to be treated, for the purposes of this paragraph, as a separate non-exempt agreement. The regulators35 (1) Subject to sub-paragraph (3), each of the regulators may exercise, in respect of sectoral matters and concurrently with the Director, the functions of the Director under paragraph 3, 7, 19(3), 36, 37, 38 or 39. (2) In sub-paragraph (1) "sectoral matters" means-- (a) in the case of the Director General of Telecommunications, the matters referred to in section 50(3) of the [1984 c. 12.] Telecommunications Act 1984; (b) in the case of the Director General of Gas Supply, the matters referred to in section 36A(3) and (4) of the [1986 c. 44.] Gas Act 1986; (c) in the case of the Director General of Electricity Supply, the matters referred to in section 43(3) of the [1989 c. 29.] Electricity Act 1989; (d) in the case of the Director General of Electricity Supply for Northern Ireland, the matters referred to in Article 46(3) of the [S.I. 1992/231 (N.I.1).] Electricity (Northern Ireland) Order 1992; (e) in the case of the Director General of Water Services, the matters referred to in section 31(3) of the [1991 c. 56.] Water Industry Act 1991; (f) in the case of the Rail Regulator, the matters referred to in section 67(3) of the [1993 c. 43.] Railways Act 1993; (g) in the case of the Director General of Gas for Northern Ireland, the matters referred to in Article 23(3) of the [S.I. 1996/275 (N.I.2).] Gas (Northern Ireland) Order 1996. (3) The power to give directions in paragraph 7(2) is exercisable by the Director only but if the Director is preparing directions which relate to a matter in respect of which a regulator exercises concurrent jurisdiction, he must consult that regulator. (4) Consultations conducted by the Director before the enactment date, with a view to preparing directions which have effect on or after that date, are to be taken to satisfy sub-paragraph (3). (5) References to enactments in sub-paragraph (2) are to the enactments as amended by or under this Act. Chapter V Extending the transitional period36 (1) A party to an agreement for which there is a transitional period may apply to the Director, not less than three months before the end of the period, for the period to be extended. (2) The Director may (on his own initiative or on an application under sub-paragraph (1))-- (a) extend a one-year transitional period by not more than twelve months; (b) extend a transitional period of any period other than one year by not more than six months. (3) An application under sub-paragraph (1) must-- (a) be in such form as may be specified; and (b) include such documents and information as may be specified. (4) If the Director extends the transitional period under this paragraph, he must give notice in such form, and to such persons, as may be specified. (5) The Director may not extend a transitional period more than once. (6) In this paragraph--
Chapter VI Terminating the Transitional PeriodGeneral37 (1) Subject to sub-paragraph (2), the Director may by a direction in writing terminate the transitional period for an agreement, but only in accordance with paragraph 38. (2) The Director may not terminate the transitional period, nor exercise any of the powers in paragraph 38, in respect of an agreement which is excluded from the Chapter I prohibition by virtue of any of the provisions of Part I of this Act other than paragraph 1 of Schedule 1 or paragraph 2 or 9 of Schedule 3. Circumstances in which the Director may terminate the transitional period38 (1) If the Director is considering whether to give a direction under paragraph 37 ("a direction"), he may in writing require any party to the agreement concerned to give him such information in connection with that agreement as he may require. (2) If at the end of such period as may be specified in rules made under section 51, a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (1), the Director may give a direction. (3) The Director may also give a direction if he considers-- (a) that the agreement would, but for the transitional period or a relevant exclusion, infringe the Chapter I prohibition; and (b) that he would not be likely to grant the agreement an unconditional individual exemption. (4) For the purposes of sub-paragraph (3) an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a). (5) In this paragraph--
Procedural requirements on giving a paragraph 37 direction39 (1) The Director must specify in a direction under paragraph 37 ("a direction") the date on which it is to have effect (which must not be less than 28 days after the direction is given). (2) Copies of the direction must be given to-- (a) each of the parties concerned, and (b) the Secretary of State, not less than 28 days before the date on which the direction is to have effect. (3) In relation to an agreement to which a direction applies, the transitional period (if it has not already ended) ends on the date specified in the direction unless, before that date, the direction is revoked by the Director or the Secretary of State. (4) If a direction is revoked, the Director may give a further direction in respect of the same agreement only if he is satisfied that there has been a material change of circumstance since the revocation. (5) If, as a result of paragraph 24(1) or (3), there is a transitional period in respect of provisions of an agreement relating to goods-- (a) which immediately before the starting date are exempt under section 14 of the RPA, or (b) which, when continuing proceedings are determined, are found to be exempt under section 14 of the RPA, the period is not affected by paragraph 37 or 38. Part V The Fair Trading Act 1973References to the Monopolies and Mergers Commission40 (1) If, on the date on which the repeal by this Act of a provision mentioned in sub-paragraph (2) comes into force, the Monopolies and Mergers Commission has not completed a reference which was made to it before that date, continued consideration of the reference may include consideration of a question which could not have been considered if the provision had not been repealed. (2) The provisions are-- (a) sections 10(2), 54(5) and 78(3) and paragraph 3(1) and (2) of Schedule 8 to the Fair Trading Act 1973 (c. 41); (b) section 11(8)(b) of the Competition Act 1980 (c. 21); (c) section 14(2) of the Telecommunications Act 1984 (c. 12); (d) section 45(3) of the Airports Act 1986 (c. 31); (e) section 25(2) of the Gas Act 1986 (c. 44); (f) section 13(2) of the Electricity Act 1989 (c. 29); (g) section 15(2) of the Water Industry Act 1991 (c. 56); (h) article 16(2) of the [S.I. 1992/231 (N.I. 1).] Electricity (Northern Ireland) Order 1992; (i) section 14(2) of the Railways Act 1993 (c. 43); (j) article 36(3) of the [S.I. 1994/426 (N.I. 1).] Airports (Northern Ireland) Order 1994; (k) article 16(2) of the [S.I. 1996/275 (N.I. 2).] Gas (Northern Ireland) Order 1996. Orders under Schedule 841 (1) In this paragraph--
(2) Sub-paragraph (3) applies to any agreement to the extent to which it would have been unlawful (in accordance with the provisions of the order) but for the limiting provisions. (3) As from the end of the transitional period, the order is to have effect in relation to the agreement as if the limiting provisions had never had effect. Part III of the Act42 (1) The repeals made by section 1 do not affect any proceedings in respect of an application which is made to the Court under Part III of the [1973 c. 41.] Fair Trading Act 1973, but is not determined, before the starting date. (2) The question whether (for the purposes of sub-paragraph (1)) an application has been determined is to be decided in accordance with sub-paragraphs (3) and (4). (3) 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. (4) 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. (5) Any amendment made by Schedule 12 to this Act which substitutes references to a relevant Court for references to the Court is not to affect proceedings of the kind referred to in sub-paragraph (1). Part VI The Competition Act 1980Undertakings43 (1) Subject to sub-paragraph (2), an undertaking accepted by the Director under section 4 or 9 of the [1980 c. 21.] Competition Act 1980 ceases to have effect on the coming into force of the repeal by this Act of that section. (2) If the undertaking relates to an agreement which on the starting date is the subject of continuing proceedings, the undertaking continues to have effect for the purposes of section 29 of the Competition Act 1980 until the proceedings are determined. Application of sections 25 and 2644 The repeals made by section 1 do not affect-- (a) the operation of section 25 of the Competition Act 1980 in relation to an application under section 1(3) of the RTPA which is made before the starting date; (b) an application under section 26 of the Competition Act 1980 which is made before the starting date. Part VII MiscellaneousDisclosure of information45 (1) Section 55 of this Act applies in relation to information which, immediately before the starting date, is subject to section 41 of the RTPA as it applies in relation to information obtained under or as a result of Part I. (2) But section 55 does not apply to any disclosure of information of the kind referred to in sub-paragraph (1) if the disclosure is made-- (a) for the purpose of facilitating the performance of functions of a designated person under the [S.I. 1988/915.] Control of Misleading Advertisements Regulations 1988; or (b) for the purposes of any proceedings before the Court or of any other legal proceedings under the RTPA or the [1973 c. 41.] Fair Trading Act 1973 or the Control of Misleading Advertisements Regulations 1988. (3) Section 56 applies in relation to information of the kind referred to in sub-paragraph (1) if particulars containing the information have been entered or filed on the special section of the register maintained by the Director under, or as a result of, section 27 of the RTPA or paragraph 10 of this Schedule. (4) Section 55 has effect, in relation to the matters as to which section 41(2) of the RTPA had effect, as if it contained a provision similar to section 41(2). The Court46 If it appears to the Lord Chancellor that a person who ceases to be a non-judicial member of the Court as a result of this Act should receive compensation for loss of office, he may pay to him out of moneys provided by Parliament such sum as he may with the approval of the Treasury determine. Section 74(3). SCHEDULE 14 Repeals and RevocationsPart I Repeals
Part II Revocations
|