Restrictive Trade Practices Act 1976 (repealed 1.3.2000)

Supplementary provisions for ss. 29 and 30

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• (1) Sections 29 and 30 above apply, with the necessary modifications, in relation to any recommendation made by or on behalf of a trade association or a services supply association as they apply in relation to an agreement; and where any such recommendation is approved by order under either of those sections—

• (a) subsection (2) or subsection (4) of section 8 above;

• (b) subsection (3) or subsection (5) of section 16 above;

shall not apply in relation to the recommendation during the continuance in force of the order.

• (2) In the case of an order under section 29 approving a recommendation by or on behalf of a trade association or of a services supply association, as the case may be—

• (a) the requirement of subsection (5) of that section as to the giving of notice of intention to revoke the order shall be treated as a requirement to give such notice as is there mentioned to the association; and

• (b) any notice under that subsection which is required to be given to a trade association or to a services supply association or to each of the members of such an association shall be treated as duly so given if it is given either—

• (i) to the association; or

• (ii) to the secretary, manager or other similar officer of the association.

• (3) An order under section 29 or section 30 made before the conclusion of the agreement or issue of the recommendation to which it relates may be made subject to conditions—

• (a) as to the time within which the agreement is to be concluded or the recommendation issued ; and

• (b) as to the furnishing of copies of the agreement or recommendation to the Secretary of State or other competent authority.

• (4) There may be omitted from the copies of any agreement, term of an agreement or recommendation to be laid before Parliament under section 29, and to be made available for public inspection under that section or section 30, the particulars mentioned in subsection (5) below.

• (5) The particulars referred to in subsection (4) above are such as would, in the opinion of the Secretary of State or other competent authority, fall to be entered in the special section of the register referred to in section 23(3) above if the relevant agreement were subject to registration under this Act.

• (6) If any agreement, term of an agreement or recommendation approved by order under section 29 or section 30 is subsequently varied, the order shall cease to have effect unless the variation is also approved by order under section 29 or section 30, as the case may be; and a variation may be so approved if (and only (f) the agreement, term or recommendation could be so approved as varied.

• (7) The approval by order under section 29 or section 30 of an agreement or recommendation made by or on behalf of a trade association or a services supply association shall not be affected by any change in the persons who are members of the association or are represented on the association by such members, but without prejudice to the power of the Secretary of State or other competent authority to revoke the order under section 29 or section 30.

• (8) No order made by the Court in proceedings under this Act for restraining any person from making an agreement or recommendation, and no corresponding undertaking given to the Court in such proceedings, shall be construed as extending to an agreement or recommendation which is exempt from registration by virtue of an order under section 29 or section 30.

• (9) In any proceedings before the Court under sections 1 and 2 above in respect of an agreement, the fact that the agreement has or has not at any time been the subject of an order under section 29 or section 30 shall not be treated as relevant to the question whether any restrictions accepted or information provisions made under the agreement are contrary to the public interest.

Wholesale co-operative societies

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• (1) The Secretary of State may approve under this section any industrial and provident society which in his opinion fulfils the following conditions—

• (a) that it carries on business in the production or supply of goods or in the supply of services or in the application to goods of any process of manufacture ;

• (b) that its shares are wholly or mainly held by industrial and provident societies; and

• (c) that those societies are retail societies or societies whose shares are wholly or mainly held by retail societies;

and a society which is for the time being so approved shall not be treated as a trade association or a services supply association.

• (2) An approval given in respect of a society under this section (if it has not been previously withdrawn) expires at the end of the period of two years beginning with the date on which it was given or, if that period is extended (once or more than once) under subsection (3) below, at the end of that period as so extended, or further extended, as the case may be.

• (3) The Secretary of State may extend or, if it has already been extended under this subsection, may further extend the period of two years referred to in subsection (2) above by such period, not exceeding two years, as he may specify.

• (4) The Secretary of State may at any time withdraw an approval given in respect of a society under this section if it appears to him—

• (a) that the society has made an agreement which would have been subject to registration under this Act if the approval had not been given, or that such a recommendation as is mentioned in section 8(2) or (4) above has been made by or on behalf of the society; and

• (b) that the agreement or recommendation has such adverse effects on competition that it should not be precluded from being investigated by the Court under the provisions of this Act.

• (5) In relation to a society which is for the time being approved under this section but which, in consequence of an order made under section 11 or section 12 above, is a society to which the provisions of section 16 above would apply if it were not so approved, subsection (4) above has effect as if in that subsection—

• (a) any reference to an agreement which would have been subject to registration under this Act if the approval had not been given included a reference to an agreement which would in those circumstances have been subject to such registration by virtue of the order ; and

• (b) any reference to such a recommendation as is mentioned in section 8(2) or (4) included a reference to such a recommendation as is mentioned in section 16(3) or (5).

• (6) On the expiry or withdrawal of an approval given in respect of a society under this section, the provisions of this Act shall have effect in relation to agreements and recommendations made by the society during the currency of the approval as if the society had not been approved under this section.

• (7) In this section—

• " industrial and provident society " means a society registered or deemed to be registered under the Industrial and Provident Societies Acts 1965 to 1975 or under the Industrial and Provident Societies Act (Northern Ireland) 1969;

• " retail society " means a society which carries on business in the sale by retail of goods for the domestic or personal use of individuals dealing with the society, or in the provision of services for such individuals.

Agricultural and forestry associations, and fisheries associations

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• (1) Subject to the provisions of this section, this Act does not apply to an agreement between members of an association to which this section applies, or between such an association and any other person, whether a member of the association or not, by reason only of any restriction accepted or treated as accepted, or any information provision made or treated as made, by the association, or by members of the association or of any constituent association, for the purposes of or in connection with—

• (a) the marketing or preparation for market by the association of produce produced by members of the association on land occcupied by them and used for agriculture or forestry (with or without similar produce not so produced); or

• (b) the marketing or preparation for market by the association of fish or shellfish caught or taken by members of the association in the course of their business (with or without fish or shellfish not so caught or taken); or

• (c) the supply by the association to the members of goods required for the production of that produce on that land, or for the catching or taking of fish or shellfish in the course of that business, as the case may be; or

• (d) the production of produce or the catching or taking of fish or shellfish, as the case may be, by members of the association; or

• (e) the supply of produce, or the supply of fish or shellfish, as the case may be, by members of the association;

and in determining whether any such agreement is an agreement to which this Act applies, no account shall be taken of any such restriction or information provision.

• (2) This section applies—

• (a) to any association in the case of which the conditions specified in subsection (3) below are satisfied where the association is—

• (i) of persons occupying land used for agriculture or forestry or both ;

• (ii) of persons engaged in the business of catching or taking fish or shellfish ;

• (b) to any association of the associations referred to in paragraph (a) above which—

• (i) satisfies the condition specified in paragraph (a) of subsection (3) below ; and

• (ii) would satisfy the condition specified in paragraph (c) of subsection (3) if references in that paragraph to members of the association included references to members of constituent associations;

• (c) to any co-operative association (whether or not the conditions specified in paragraphs (a) to (c) of subsection (3) are satisfied) which has as its object or primary object to assist its members—

• (i) in the carrying on of the businesses of agriculture or forestry or both on land occupied by them; or

• (ii) in the carrying on of businesses consisting in the catching or taking of fish or shellfish.

• (3) The conditions referred to in subsection (2) above are that—

• (a) the association is or is deemed to be registered under the Industrial and Provident Societies Acts 1965 to 1975 or, being a company within the meaning of the Companies Act 1948, contains in its memorandum or articles of association such provisions as may be prescribed by order of the Ministers with respect to the number of members, numbers of shares held by members, distribution of profits, voting rights or other matters;

• (b) at least 90 per cent. of the voting power is attached to shares held by persons occupying land used for agriculture or forestry or both, or by persons engaged in the business of catching or taking fish or shellfish, as the case may be ; and

• (c) the only business, or the principal business, carried on by the association is one or more of the following—

• (i) the marketing or preparation for market of produce produced by members of the association on land occupied by them and used for agriculture or forestry or both (with or without similar produce not so produced);

• (ii) the marketing or preparation for market of fish or shellfish caught or taken by members of the association in the course of their business (with or without fish or shellfish not so caught or taken);

• (iii) the supply to the members of goods required for the production of that produce on that land, or for the catching or taking of fish or shellfish in the course of that business, as the case may be;

• (iv) in the case of an association of persons occupying land for forestry, the carrying out of forestry operations for the members on that land.

References in this subsection to the Industrial and Provident Societies Acts 1965 to 1975, and the Companies Act 1948, include references respectively to the Industrial and Provident Societies Act (Northern Ireland) 1969 and the Companies Act (Northern Ireland) 1960.

• (4) The Ministers may by order made by statutory instrument direct that the exemption provided by subsection (1) shall not apply—

• (a) in relation to agreements of such classes as may be prescribed by the order ; or

• (b) in relation to agreements, or agreements of any class, made by associations of such classes as may be so prescribed;

and any such order may apply to agreements made before as well as after the coming into force of the order.

• (5) In this section—

• " agriculture " has the meaning given by the Agriculture Act 1947 and the Agriculture (Scotland) Act 1948 ;

• " co-operative association " has the meaning given by section 340(8) and (9) of the Income and Corporation Taxes Act 1970, and references to members of a co-operative association include references to members of any such association which is a member of that association ;

• " forestry " includes the processing of wood for sale, but not the manufacture of articles of wood ;

• " the Ministers " means— the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland, acting jointly; but in the case of functions exercisable in relation to associations falling within paragraph (c) of subsection (2) above and concerned only with forestry in Wales " Secretary of State " shall be substituted for " Minister of Agriculture, Fisheries and Food ";

• " produce " means anything (whether live or dead) produced in the course of agriculture or forestry.

• (6) Without prejudice to the responsibilities of the Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland, the discharge of any functions as functions exercisable by virtue of subsection (5) above by the Secretary of State shall belong to the Secretary of State for Wales; but nothing in this subsection shall be taken—

• (a) to prejudice any powers exercisable in relation to the functions of Ministers of the Crown and government departments by virtue of Her Majesty's prerogative, or

• (b) to affect the power of any Secretary of State to perform any functions of that office in place of the Secretary of State entrusted with the discharge of those functions.

Authorisations for purposes of E.C.S.C. Treaty

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An agreement is exempt from registration under this Act so long as there is in force in relation to that agreement an authorisation given for the purpose of any provision of the E.C.S.C. Treaty relating to restrictive trade practices.

Enforcement

Failure to register

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• (1) If particulars of an agreement which is subject to registration under this Act are not duly furnished within the time required by section 24 above, or within such further time as the Director may, upon application made within that time, allow—

• (a) the agreement is void in respect of all restrictions accepted or information provisions made thereunder; and

• (b) it is unlawful for any person party to the agreement who carries on business within the United Kingdom to give effect to, or enforce or purport to enforce, the agreement in respect of any such restrictions or information provisions.

• (2) No criminal proceedings lie against any person on account of a contravention of subsection (1)(b) above; but the obligation to comply with that paragraph is a duty owed to any person who may be affected by a contravention of it and any breach of that duty is actionable accordingly subject to the defences and other incidents applying to actions for breach of statutory duty.

• (3) Without prejudice to any right which any person may have by virtue of subsection (2) above to bring civil proceedings in respect of an agreement affected by subsection (1)(b), the Court may, upon the Director's application, make such order as appears to the Court to be proper for restraining all or any of those mentioned in subsection (4) below from giving effect to, or enforcing or purporting to enforce—

• (a) the agreement in respect of any restrictions or information provisions;

• (b) other agreements in contravention of subsection (1) above;

and nothing in subsection (2) prevents the enforcement of any such order by appropriate proceedings.

• (4) Those who may be restrained by an order of the Court under subsection (3) above are—

• (a) any person party to the agreement who carries on business within the United Kingdom ;

• (b) a trade association or a services supply association of which any such person is a member ; or

• (c) any person acting on behalf of any such association.

• (5) Where an order is made under subsection (3) against any party to an agreement and that party is a member of a trade association or a services supply association, the order may include provisions for restraining the association, and any person acting on its behalf, from procuring or assisting that party to do anything which would be a contravention of the order in its application to him.

• (6) In relation to an agreement for the constitution of a trade association or a services supply association which is subject to registration in consequence of the making of a recommendation to which—

• (a) subsection (2) or subsection (4) of section 8 above;

• (b) subsection (3) or subsection (5) of section 16 above;

applies, the Court's power under subsection (3) includes power to make such order as appears to the Court to be proper for restraining the association or any person acting on its behalf from making other such recommendations

• (7) Where any issue, whether of law or of fact or partly of law and partly of fact, has been finally determined on an application under subsection (3) above in respect of an agreement, then in any proceedings brought in respect of that agreement by virtue of subsection (2) above in which the same issue arises—

• (a) any finding of fact relevant to that issue which was made on the application shall be evidence (and in Scotland sufficient evidence) of that fact; and

• (b) any decision on a question of law relevant to that issue which was given on the application shall be binding on the court in so far as the material facts found in those proceedings are the same as were found on the application.

• (8) Where an agreement which is subject to registration under this Act is varied so as to extend or add to the restrictions accepted or information provisions made under the agreement, the provisions of this section apply, with the necessary modifications, in relation to the variation as they apply in relation to an original agreement which is subject to registration under this Act.

Director's power to obtain information

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• (1) If the Director has reasonable cause to believe that a person being—

• (a) a person carrying on within the United Kingdom any such business as is described in section 6(1) above; or

• (b) a trade association, the members of which consist of or include persons carrying on business as so described, or representatives of such persons ; or

• (c) a person carrying on within the United Kingdom any business of supplying services brought under control by an order under section 11 or section 12 above ; or

• (d) an association which, in relation to such an order, is a services supply association ;

is or may be party to an agreement subject to registration under this Act, he may give to that person such notice as is described in subsection (2) below.

• (2) The notice referred to in subsection (1) above may require any person mentioned in paragraphs (a) to (d) of that subsection to notify the Director (within such time as may be specified in the notice) whether that person is party to any agreement relating to—

• (a) any such matters as are described in paragraphs (a) to (f) of section 6(1); or

• (b) any such matters as are described in paragraphs (a) to (h) of section 7(1) above ; or

• (c) matters specified in the relevant order for the purposes of section 11(1)(b) above ; or

• (d) matters specified in the relevant order for the purposes of section 12(1)(b) above ;

and if so to furnish to the Director such particulars of the agreement as may be specified in the notice.

• (3) The Director may give notice to any person by whom particulars are furnished under section 24 above in respect of an agreement, or to any other person being party to the agreement, requiring him to furnish such further documents or information in his possession or control as the Director considers expedient for the purposes of or in connection with the registration of the agreement.

• (4) In the case of—

• (a) any such trade association as is mentioned in subsection (1)(b) above; or

• (b) any such services supply association as is mentioned in subsection (1)(d) above;

a notice may be given under subsection (1) by the Director either to the association or to the secretary, manager or other similar officer of the association. For the purposes of this section any such trade association or services supply association shall be treated as party to any agreement to which members of the association, or persons represented on the association by such members, are parties as such.

• (5) In subsection (1) the reference to an agreement subject to registration under this Act shall, in relation to Part II, be construed as including a reference to any agreement which—

• (a) relates to exports from the United Kingdom; and

• (b) would, but for paragraph 6(1) of Schedule 3 to this Act, be an agreement subject to registration under this Act.

• (6) In subsection (1) the reference to an agreement subject to registration under this Act shall, in relation to Part III, be construed as including a reference to any agreement which would, but for paragraph 9(1) of Schedule 3, be an agreement subject to registration under this Act.

Court's power to order examination on oath

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• (1) In any case in which the Director has given notice to any person under section 36 above the Court may on the Director's application order that person to attend and be examined on oath in accordance with this section concerning the matters in respect of which the Director has given notice to him under that section.

• (2) Where an order is made under this section for the attendance and examination of any person—

• (a) the Director shall take part in the examination and for that purpose may be represented by solicitor or counsel;

• (b) the person examined shall answer all such questions as the Court may put or allow to be put to him, but may at his own cost employ a solicitor with or without counsel, who shall be at liberty to put to him such questions as the Court may deem just for the purpose of enabling him to explain or qualify any answers given by him;

• (c) notes of the examination shall be taken down in writing and shall be read over to or by, and signed by, the person examined, and may thereafter be used in evidence against him;

• (d) the Court may require the person examined to produce any such particulars, documents or information in his possession or control as may be specified in the notice given by the Director as aforesaid.

• (3) Where notice under section 36 has been given to a body corporate, an order may be made under this section for the attendance and examination—

• (a) of any director, manager, secretary or other officer of that body corporate ; or

• (b) of any other person who is employed by the body corporate and appears to the Court to be likely to have particular knowledge of any of the matters in respect of which the notice was given.

• (4) In any case referred to in subsection (3) above—

• (a) the reference in subsection (1) above to matters in respect of which the Director has given notice to the person examined shall be construed as a reference to matters in respect of which notice was given to the body corporate; and

• (b) in paragraph (d) of subsection (2) above and in paragraph (c) so far as it relates to evidence, references to the person examined shall include references to the body corporate.

• (5) The provisions of subsections (3) and (4) above have effect—

• (a) in relation to a trade association which is not incorporated;

• (b) in relation to a services supply association which is not incorporated ;

as those provisions have effect in relation to a body corporate.

• (6) Nothing in this section shall be taken to compel the disclosure by a barrister, advocate or solicitor of any privileged communication made by or to him in that capacity, or the production by him of any document containing any such communication.

Offences in connection with registration

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• (1) A person who fails without reasonable excuse to comply with a notice duly given to him under section 36 above is guilty of an offence and liable on summary conviction to a fine not exceeding £100.

• (2) If a person who furnishes or is required to furnish any particulars, documents or information under this Act—

• (a) makes any statement, or furnishes any document, which he knows to be false in a material particular; or

• (b) recklessly makes any statement, or furnishes any document, which is false in a material particular ; or

• (c) wilfully alters, suppresses or destroys any document which he is required to furnish as aforesaid;

he is guilty of an offence under this section.

• (3) A person guilty of an offence mentioned in subsection (2) above is liable—

• (a) on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £100, or to both such imprisonment and such a fine; or

• (b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both such imprisonment and a fine.

• (4) If any default in respect of which a person is convicted of an offence under subsection (1) above continues after the conviction, that person is guilty of a further offence and liable on summary conviction to a fine—

• (a) not exceeding £100 ; or

• (b) not exceeding £10 for every day on which the default continues within the three months next following his conviction for the first-mentioned offence ;

whichever is the greater.

• (5) For the purposes of subsection (4) above a default in respect of the furnishing of any particulars, documents or information shall be deemed to continue until the particulars, documents or information have been furnished.

• (6) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.

• (7) In this section " director ", in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Proceedings and venue in respect of offences

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• (1) No proceedings for an offence under the preceding provisions of this Act shall be instituted—

• (a) in England and Wales except by or with the consent of the Director of Public Prosecutions or the Director;

• (b) in Northern Ireland except by or with the consent of the Attorney General for Northern Ireland or the Director.

• (2) Any information relating to an offence under the preceding provisions of this Act may be tried by a magistrates' court or by a court of summary jurisdiction in Northern Ireland, if it is laid at any time—

• (a) within three years after the commission of the offence; and

• (b) within twelve months after the date on which evidence sufficient in the opinion of the Director of Public Prosecutions, the Attorney General for Northern Ireland or the Director, as the case may be, to justify the proceedings comes to his knowledge ;

notwithstanding anything in section 104 of the Magistrates' Courts Act 1952 or in section 34 of the Magistrates' Courts Act (Northern Ireland) 1964.

• (3) Proceedings in Scotland for an offence against the preceding provisions of this Act may be commenced at any time—

• (a) within three years after the commission of the offence; and

• (b) within twelve months after the date on which evidence sufficient in the Director's opinion to justify a report to the Lord Advocate with a view to consideration of the question of proceedings comes to the Director's knowledge;

notwithstanding anything in section 23 of the Summary Jurisdiction (Scotland) Act 1954.

• (4) For the purposes of subsections (2) and (3) above, a certificate of the Director of Public Prosecutions, the Attorney General for Northern Ireland or the Director, as the case may be, as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence.

• (5) An offence under section 38 above may be tried by a court having jurisdiction either in the county or place in which the offence was actually committed or in any county or place in which the alleged offender carries on business.

• (6) For the purposes of article 7(2) of the Prosecution of Offences (Northern Ireland) Order 1972 (which relates to consents to prosecutions by the Director of Public Prosecutions for Northern Ireland) subsections (1) and (2) above shall be treated as if they were in force before the coming into operation of that order.

PART V — Miscellaneous and Supplemental

Order under s. 56 of Fair Trading Act 1973

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• (1) The Court may, upon application made by any person who desires to make an agreement—

• (a) which, if made, would be an agreement to which this Act applies, and

• (b) is one the making of which is unlawful by virtue of any order in force under section 56 of the Fair Trading Act 1973 or having effect as if made under that section,

declare whether or not any restrictions or information provisions by virtue of which this Act would apply to the agreement (not being such restrictions or information provisions as are described in paragraphs (b) to (d) of paragraph 6(1) of Schedule 3 to this Act) are contrary to the public interest.

• (2) The provisions of section 2(1) to (4) above apply with the necessary modifications in relation to any such declaration as they apply in relation to a finding under that section.

• (3) Where an application is made to the Court under subsection (1) above and—

• (a) on that application the Court makes a declaration under that subsection in relation to a restriction proposed to be accepted or an information provision proposed to be made under an agreement, and

• (b) by virtue of an order under section 56 of the 1973 Act which is for the time being in force, the making or carrying out of an agreement under which that restriction was accepted or that information provision was made would be unlawful,

the order under section 56 of the 1973 Act shall cease to have effect in so far as it renders unlawful the making or carrying out of an agreement under which that restriction is accepted or that information provision is made.

• (4) The Director shall be the respondent to any application made under this section; and the provisions of section 10 or section 19 above apply with the necessary modifications in relation to proceedings on any such application as they apply in relation to the proceedings mentioned in that section.

Disclosure of information

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• (1) Subject to subsection (2) below, no information with respect to any particular business which has been obtained under or by virtue of the provisions of this Act shall, so long as that business continues to be carried on, be disclosed without the consent of the person for the time being carrying on that business ; but this subsection does not apply to any disclosure of information which is made—

• (a) for the purpose of facilitating the performance of any functions of the Director, the Monopolies and Mergers Commission, the Secretary of State or any other Minister under this Act or the Fair Trading Act 1973 ;

• (b) in pursuance of a Community obligation ;

• (c) for the purposes of any proceedings before the Court or of any other legal proceedings, whether civil or criminal, under this Act or the Fair Trading Act 1973.

• (2) Nothing in subsection (1) above shall be construed—

• (a) as limiting the particulars which may be entered or filed in, or made public as part of, the register under this Act; or

• (b) as applying to any information which has been made public as part of that register.

• (3) Any person who discloses any information in contravention of this section is guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding £400;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

• (4) No prosecution for an offence under this section shall be commenced after the expiry of three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier.

• (5) Notwithstanding anything in section 104 of the Magistrates' Courts Act 1952, a magistrates' court may try an information for an offence under this section if the information was laid within twelve months from the commission of the offence.

• (6) Notwithstanding anything in section 23 of the Summary Jurisdiction (Scotland) Act 1954, summary proceedings in Scotland for an offence under this section may be commenced within twelve months from the commission of the offence, and subsection (2) of the said section 23 applies for the purposes of this subsection as it applies for the purposes of that section.

• (7) In the application of this section to Northern Ireland, for the references in subsection (5) above to section 104 of the Magistrates' Courts Act 1952 and to the trial and laying of an information there shall be substituted respectively references to section 34 of the Magistrates' Courts Act (Northern Ireland) 1964 and to the hearing and determination and making of a complaint.

Orders and regulations

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• (1) Any statutory instrument by which—

• (a) an order is made under section 18(5) or section 33(4) above ; or

• (b) regulations are made under section 27(1) above;

is subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) Any power conferred by a preceding provision of this Act to make an order by statutory instrument includes power to revoke or vary that order by a subsequent order made under that provision.

Interpretation and construction

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• (1) In this Act—

• " agreement " includes any agreement or arrangement, whether or not it is or is intended to be enforceable (apart from any provision of this Act) by legal proceedings, and references in this Act to restrictions accepted or information provisions made under an agreement shall be construed accordingly ;

• " the Court " means the Restrictive Practices Court;

• " designated services " has the meaning given by section 13(1) above;

• " the Director " means the Director General of Fair Trading appointed under the Fair Trading Act 1973 ;

• " goods " includes ships and aircraft, minerals, substances and animals (including fish), and references to the production of goods include references to the getting of minerals and the taking of such animals ;

• " information provision " includes a provision for or in relation to the furnishing of information ;

• " interconnected bodies corporate " means bodies corporate which are members of the same group, and for the purposes of this definition " group" means a body corporate and all other bodies corporate which are its subsidiaries— within the meaning of section 154 of the Companies Act 1948 (or for companies in Northern Ireland, section 148 of the Companies Act (Northern Ireland) 1960); or in the case of an industrial and provident society, within the meaning of section 15 of the Friendly and Industrial and Provident Societies Act 1968 (or for industrial and provident societies in Northern Ireland, section 47 of the Industrial and Provident Societies Act (Northern Ireland) 1969);

• " price " includes a charge of any description ;

• " restriction " includes a negative obligation, whether express or implied and whether absolute or not;

• " services supply association " means such an association as is described in section 16(1) above ;

• " supply " includes supply by way of lease or hire, and " acquire " shall be construed accordingly ;

• " trade association " means a body of persons (whether incorporated or not) which is formed for the purpose of furthering the trade interests of its members, or of persons represented by its members.

• (2) For the purposes of—

• (a) sections 6 to 9 above, and Schedule 3 to this Act except for paragraph 5(4) to (8) of that Schedule;

• (b) Part III of this Act except as is provided by section 19(2) above;

any two or more interconnected bodies corporate, or any two or more individuals carrying on business in partnership with each other, shall be treated as a single person.

• (3) This Act applies to the construction or carrying out of buildings, structures and other works by contractors, as it applies to the supply of goods, and for the purposes of this Act any buildings, structures or other works so construed or carried out shall be deemed to be delivered at the place where they are constructed or carried out.

• (4) For the purposes of this Act a person shall not be deemed to carry on a business within the United Kingdom by reason only of the fact that he is represented for the purposes of that business by an agent within the United Kingdom.

• (5) Any reference in this Act to any other enactment is a reference to that enactment as amended, or extended or applied by or under any other enactment, including this Act.

Consequential amendments, repeals and transitional provisions

44

The provisions of Schedule 4 to this Act have effect; and subject to the transitional provisions and savings contained in that Schedule—

• (a) the enactments specified in Schedule 5 to this Act have effect subject to the amendments (being amendments consequent on the provisions of this Act) specified in that Schedule, and

• (b) the enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule,

but nothing in this Act shall be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the operation of repeals).

Short title, extent and commencement

45

• (1) This Act may be cited as the Restrictive Trade Practices Act 1976.

• (2) This Act extends to Northern Ireland.

• (3) This Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint.

SCHEDULE 1

1

Legal services (that is to say, the services of barristers, advocates or solicitors in their capacity as such).

2

Medical services (that is to say, the provision of medical or surgical advice or attendance and the performance of surgical operations).

3

Dental services (that is to say, any services falling within the practice of dentistry within the meaning of the Dentists Act 1957).

4

Ophthalmic services (that is to say, the testing of sight).

5

Veterinary services (that is to say, any services which constitute veterinary surgery within the meaning of the Veterinary Surgeons Act 1966).

6

Nursing services (that is to say, any services which constitute nursing within the meaning of the Nurses Act 1957, the Nurses (Scotland) Act 1951 or the Nurses and Midwives Act (Northern Ireland) 1970).

7

The services of midwives, physiotherapists or chiropodists in their capacity as such.

8

The services of architects in their capacity as such.

9

Accounting and auditing services (that is to say, the making or preparation of accounts or accounting records and the examination, verification and auditing of financial statements).

10

The services of patent agents (within the meaning of the Patents Act 1949), in their capacity as such.

11

The services of parliamentary agents entered in the register in either House of Parliament as agents entitled to practise both in promoting and in opposing Bills, in their capacity as such parliamentary agents.

12

The services of surveyors (that is to say, of surveyors of land, of quantity surveyors, of surveyors of buildings or other structures and of surveyors of ships) in their capacity as such surveyors.

13

The services of professional engineers or technologists (that is to say, of persons practising or employed as consultants in the field of—

• (a) civil engineering;

• (b) mechanical, aeronautical, marine, electrical or electronic engineering;

• (c) mining, quarrying, soil analysis or other forms of mineralogy or geology;

• (d) agronomy, forestry, livestock rearing or ecology ;

• (e) metallurgy, chemistry, biochemistry or physics ; or

• (f) any other form of engineering or technology analogous to those mentioned in the preceding sub-paragraphs);

in their capacity as such engineers or technologists.

14

Services consisting of the provision—

• (a) of primary, secondary or further education within the meaning of the Education Act 1944, the Education (Scotland) Acts 1939 to 1971 or the Education and Libraries (Northern Ireland) Order 1972, or

• (b) of university or other higher education not falling within the preceding sub-paragraph.

15

The services of ministers of religion in their capacity as such ministers.

SCHEDULE 2

1

• (1) Subject to paragraph 2 below, the duty to furnish particulars in respect of an agreement which at any time is subject to registration shall not be affected by any subsequent variation or determination of the agreement.

• (2) If at any time after an agreement has become subject to registration it is varied (whether in respect of the parties or in respect of the terms) or determined otherwise than by effluxion of time, particulars of the variation or determination shall be furnished to the Director.

2

• (1) The following provisions of this paragraph apply where an agreement becomes subject to registration after it is made.

• (2) If, before the expiry of the time within which, apart from this paragraph, particulars would be required to be furnished in respect of the agreement, and before particulars have been so furnished, the agreement is determined (whether by effluxion of time or otherwise), section 24(1) above and paragraph 1 above shall cease to apply to the agreement.

• (3) If, before the expiry of that time and before particulars have been furnished in respect of the agreement, the agreement is varied, the particulars to be furnished under section 24 shall be particulars of the agreement as varied, and paragraph 1 above shall not apply in relation to the variation.

3

Particulars of an agreement shall—

• (a) in so far as the agreement, or any variation or determination of it, is made by an instrument in writing, be furnished by the production of the original or a true copy of the instrument;

• (b) in so far as the agreement, or any variation or determination of it, is not made by an instrument in writing, be furnished by the production of a memorandum in writing signed by the person by whom the particulars are furnished.

4

• (1) Particulars may be furnished by or on behalf of any person who is party to the agreement or, as the case may be, was party thereto immediately before its determination.

• (2) Where such particulars are duly furnished by or on behalf of any such person the provisions of section 24 and this Schedule shall be deemed to be complied with on the part of all such persons.

5

• (1) The following Table shows the time within which particulars of agreements and any variation or determination of an agreement, are to be furnished under section 24 and this Schedule:—

Description of agreement	Time for registering particulars
(a) Agreement made on or after 25th November 1968, other than an agreement to which (b) to (j) below apply.	Before the date on which any restriction accepted or information provision made under the agreement takes effect, and in any case within 3 months from the day on which the agreement is made.
(b) Agreement approved by order under section 29 or section 30 above which becomes subject to registration by virtue of the expiry or revocation of that order.	Within 1 month from the day on which the agreement becomes so subject.
(c) Agreement which becomes subject to registration by virtue of the revocation of an order under section 9(5) above.	Within 1 month from the day on which the agreement becomes so subject.
(d) Agreement which becomes subject to registration by virtue of an order under section 7 above coming into force after the making of the agreement.	Within 3 months from the day on which the agreement becomes so subject.
(e) Agreement which becomes subject to registration by virtue of an order under section 11 or section 12 above coming into force after the making of the agreement.	Within 3 months from the day on which the agreement becomes so subject.
(f) Agreement whether made before on or after 25th November 1968 which becomes subject to registration by virtue of a variation on or after that date.	Within the time which would apply under (a) above if the agreement were made on the day on which it becomes so subject.
(g) Agreement which becomes subject to registration by virtue of the expiry or withdrawal of an approval given under section 32 above.	Within 3 months from the day on which the agreement becomes so subject.
(h) Agreement which was subject to registration on 25th November 1968, of which particulars had not been duly furnished.	Within 3 months from 25th November 1968.
(i) Variation on or after 25th November 1968 of an agreement (whether made before or after that date) being a variation which extends or adds to the restrictions accepted or information provisions made under the agreement.	Within the time which would apply under (a) above in the case of an agreement made on the day of the variation.
(j) Any other variation of an agreement, and the determination of an agreement.	Within 3 months from the day of the variation or determination.

• (2) Any reference in the second column of the Table in this paragraph to a period calculated from a specified day is a reference to the period in question inclusive of that day.

SCHEDULE 3

Agreements for statutory purposes

1

• (1) This Act does not apply to an agreement which is expressly authorised by an enactment, or by any scheme, order or other instrument made under an enactment.

• (2) This Act does not apply to an agreement which constitutes or forms part of a scheme certified by the Secretary of State under Chapter V of Part XIV of the Income and Corporation Taxes Act 1970 (which relates to schemes for rationalising industry).

• (3) Sub-paragraphs (1) and (2) above have effect in relation to any agreement notwithstanding any order under section 11 or section 12 above.

Exclusive dealing

2

This Act does not apply to an agreement for the supply of goods between two persons, neither of whom is a trade association, being an agreement to which no other person is party and under which no such restrictions as are described in section 6(1) above are accepted or no such information provisions as are described in section 7(1) above are made other than restrictions accepted or provision made for the furnishing of information—

• (a) by the party supplying the goods, in respect of the supply of goods of the same description to other persons : or

• (b) by the party acquiring the goods, in respect of the sale, or acquisition for sale, of other goods of the same description.

Know-how about goods

3

This Act does not apply to an agreement between two persons (neither of whom is a trade association) for the exchange of information relating to the operation of processes of manufacture (whether patented or not) where—

• (a) no other person is party to the agreement; and

• (b) no such restrictions as are described in section 6(1) above are accepted or no such information provisions as are described in section 7(1) above are made under the agreement except in respect of the descriptions of goods to be produced by those processes or to which those processes are to be applied.

Trade marks

4

• (1) This Act does not apply to an agreement made in accordance with regulations approved by the Secretary of State under section 37 of the Trade Marks Act 1938 (which makes provision as to certification trade marks) authorising the use of such a trade mark, being an agreement under which no such restrictions as are described in section 6(1) above are accepted or no such information provisions as are described in section 7(1) above are made other than restrictions or information provisions permitted by those regulations.

• (2) This Act does not apply to an agreement—

• (a) between the registered proprietor of a trade mark (other than a certification trade mark) and a person authorised by the agreement to use the mark subject to registration as a registered user under section 28 of the Trade Marks Act 1938 (which makes provision as to registered users); and

• (b) under which no such restrictions as are described in section 6(1) are accepted or no such information provisions as are described in section 7(1) are made except in respect of—

• (i) the descriptions of goods bearing the mark which are to be produced or supplied ; or

• (ii) the processes of manufacture to be applied to such goods or to goods to which the mark is to be applied.

Patents and registered designs

5

• (1) Subject to sub-paragraphs (4) to (8) below, this Act does not apply—

• (a) to a licence granted by the proprietor or a licensee of a patent or registered design, or by a person who has applied for a patent or for the registration of a design ;

• (b) to an assignment of a patent or registered design, or of the right to apply for a patent or for the registration of a design ; or

• (c) to an agreement for such a licence or assignment;

being a licence, assignment or agreement such as is described in sub-paragraph (2) or sub-paragraph (3) below.

• (2) The licence, assignment or agreement referred to in sub-paragraph (1) above is in relation to Part II of this Act one under which no such restrictions as are described in section 6(1) above are accepted or no such information provisions as are described in section 7(1) above are made except in respect of—

• (a) the invention to which the patent or application for a patent relates, or articles made by the use of that invention ; or

• (b) articles in respect of which the design is or is proposed to be registered and to which it is applied ;

as the case may be.

• (3) The licence, assignment or agreement referred to in sub-paragraph (1) above is in relation to Part III of this Act one under which—

• (a) in the case of an order under section 11 above, no restrictions in respect of matters specified in the order for the purposes of subsection (1)(b) of that section are accepted except in respect of the invention to which the patent or application for a patent relates ; or

• (b) in the case of an order under section 12 above, no information provision with respect to matters specified in the order for the purposes of subsection (1)(b) of that section is made except in respect of that invention.

• (4) No licence, assignment or agreement is by virtue of sub-paragraph (1) above precluded from being an agreement to which this Act applies if—

• (a) it is a patent or design pooling agreement; or

• (b) it is a licence, assignment or agreement granted or made in pursuance (directly or indirectly) of a patent or design pooling agreement.

• (5) In this paragraph, subject to sub-paragraph (8) below, " patent or design pooling agreement" means an agreement—

• (a) to which the parties are or include at least three persons (in this and the following sub-paragraph the " principal parties") each of whom has an interest in one or more patents or registered designs, and

• (b) by which each of the principal parties agrees, in respect of patents or registered designs in which he has an interest, or in respect of patents or registered designs in which he has or may during the currency of the agreement acquire an interest, to grant such an interest as is mentioned in sub-paragraph (6) below.

• (6) The grant referred to in sub-paragraph (5) above is—

• (a) of an interest in one or more such patents or registered designs to one or more of the other principal parties, or to one or more of those parties and to other persons ; or

• (b) of an interest in at least one such patent or registered design to a third person for the purpose of enabling that person to grant an interest in it to one or more of the other principal parties, or to one or more of those parties and to other persons ;

and " interest", in relation to a patent or registered design, means an interest as proprietor or licensee of the patent or registered design or an interest consisting of such rights as a person has by virtue of having applied for a patent or for the registration of a design or by virtue of having acquired the right to apply for a patent or for the registration of a design.

• (7) For the purposes of sub-paragraphs (4) to (6) above, a licence, assignment or agreement—

• (a) shall be taken to be granted or made directly in pursuance of a patent or design pooling agreement if it is granted or made in pursuance of provisions of that agreement such as are mentioned in sub-paragraph (6)(a) ; and

• (b) shall be taken to be granted or made indirectly in pursuance of a patent or design pooling agreement if it is granted or made by a third person to whom an interest has been granted in pursuance of provisions of that agreement such as are mentioned in sub-paragraph (6)(b).

• (8) In relation to any interest held by or granted to any two or more persons jointly, sub-paragraphs (5) and (6) apply as if those persons were one person by whom the interest is held or to whom it is granted, and accordingly those persons shall be treated for the purposes of those sub-paragraphs as together constituting one party.

• (9) In this paragraph, references—

• (a) to an assignment mean, in relation to Scotland, an assignation ;

• (b) to the registration of designs have effect only in relation to Part II.

Agreements as to goods with overseas operation

6

• (1) This Act does not apply to an agreement in the case of which all such restrictions as are described in section 6(1) above, or all such information provisions as are described in section 7(1) above, relate exclusively—

• (a) to the supply of goods by export from the United Kingdom ;

• (b) to the production of goods, or the application of any process of manufacture to goods, outside the United Kingdom;

• (c) to the acquisition of goods to be delivered outside the United Kingdom and not imported into the United Kingdom for entry for home use ; or

• (d) to the supply of goods to be delivered outside the United Kingdom otherwise than by export from the United Kingdom ;

and subsections (2) and (4) of section 8 above do not apply in relation to recommendations relating exclusively to those matters.

• (2) The Court's jurisdiction mentioned in section 1(3) above does not extend to restrictions or to information provisions in respect of matters described in paragraphs (b) to (d) of sub-paragraph (1) above.

Exclusive supply of services

7

This Act does not apply to an agreement to which there are no parties other than one person who agrees to supply services and another person for whom they are to be supplied, where neither of those persons is, in relation to any order under Part III of this Act, a services supply association and, except in respect of the supply of services of the same description to, or obtaining services of the same description from, other persons—

• (a) in the case of an order under section 11 above, no restrictions are accepted under the agreement by those parties in respect of matters specified in the order for the purposes of subsection (1)(b) of that section ; or

• (b) in the case of an order under section 12 above, no information provision is made under the agreement with respect to matters specified in the order for the purposes of subsection (1)(b) of that section.

Know-how about services

8

This Act does not apply to an agreement between two persons (neither of whom is a services supply association) for the exchange of information relating to techniques or processes to be applied in the provision of designated services where—

• (a) no other person is party to the agreement; and

• (b) all such restrictions as are mentioned in section 11(1)(b) above which are accepted under the agreement relate exclusively to the form or manner in which services incorporating those techniques or processes are to be made available or supplied.

Agreements for supplying services with overseas operation

9

• (1) This Act does not apply to an agreement where—

• (a) in the case of an order under section 11 above, all such restrictions as are accepted under the agreement in respect of matters specified in the order for the purposes of subsection (1)(b) of that section (or, in a case falling within section 16(3) above, all the recommendations referred to in that subsection) relate to the supply of services outside the United Kingdom or to the supply of services to persons or in relation to property (of any description, whether movable or immovable) outside the United Kingdom; or

• (b) in the case of an order under section 12 above, all such provision as is made under the agreement for or in relation to the furnishing of information with respect to matters specified in the order for the purposes of subsection (1)(b) of that section (or, in a case falling within section 16(5), every such recommendation as is referred to in that subsection) relates to the supply of services as mentioned in paragraph (a) above.

• (2) The Court's jurisdiction mentioned in section 1(3) above does not extend to restrictions or to information provisions—

• (a) in respect of the supply of services outside the United Kingdom; or

• (b) in respect of the supply of services to persons or in relation to property (of any description, whether movable or immovable) outside the United Kingdom.

SCHEDULE 4

General provisions

1

• (1) In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act it shall not be invalidated by the repeal but shall have effect as if done under that provision.

• (2) Without prejudice to sub-paragraph (1) above, any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act shall, except where the context otherwise requires, be construed as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any corresponding provisions of the repealed enactments.

2

Where a document refers expressly or by implication to an enactment repealed by this Act the reference shall (except where the context otherwise requires) be construed as a reference to the corresponding provision of this Act.

3

Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, and there is a corresponding provision in this Act, this Act shall have effect as if that corresponding provision had been in force when that period began to run.

Insignificant agreements under the Restrictive Trade Practices Act 1956, s. 12

4

• (1) Directions under section 12 of the Restrictive Trade Practices Act 1956 in force at the commencement of this Act for the removal from the register of particulars of such agreements as appeared to be of no substantial economic significance continue to have effect by virtue of this paragraph.

• (2) Sub-paragraph (1) above does not affect the operation in relation to the agreement of paragraph 1 of Schedule 2 to this Act;

and where any such agreement is varied as mentioned in that paragraph—

• (a) the particulars to be furnished thereunder shall include all such particulars as would be required in the case of an original agreement in the terms of the agreement as varied ;

• (b) the directions referred to in sub-paragraph (1) shall cease to have effect, but without prejudice to the Secretary of State's power to give further directions under section 21(2) above.

Section 18(2) of the Restrictive Trade Practices Act 1956

5

Nothing in this Act affects the right of a person to make an application to the Court in a case where an order is in force against that person under section 18(2) of the Restrictive Trade Practices Act 1956.

Disclosure of information

6

Section 41 above applies in relation to information obtained under or by virtue of—

• (a) the Restrictive Trade Practices Act 1956 ;

• (b) the Restrictive Trade Practices Act 1968 ;

as that section applies in relation to information obtained under or by virtue of this Act.

Particulars of certain export agreements

7

Any particulars furnished to the Board of Trade or to the Secretary of State under section 31(1) of the Restrictive Trade Practices Act 1956 shall be treated as if they had been furnished to the Director under sections 24 and 25 above.

Restrictive Trade Practices Act 1968, s. 11

8

An agreement which—

• (a) was made before the commencement of this Act by a society at a time when it was approved for the purposes of section 11 of the Restrictive Trade Practices Act 1968 (wholesale co-operative societies), and

• (b) by virtue of that approval was not subject to registration under Part I of the Restrictive Trade Practices Act 1956,

shall, notwithstanding the repeal of that section (by the Fair Trading Act 1973), not be subject to registration under this Act.

SCHEDULE 5

Restrictive Trade Practices Act 1956 c. 68

In section 25(3) of the Restrictive Trade Practices Act 1956 for " Part I of this Act" substitute " the Restrictive Trade Practices Act 1976 ".

Northern Ireland Act 1962 c. 30

In Part I of Schedule 1 to the Northern Ireland Act 1962 for " The Restrictive Trade Practices Act, 1956 " substitute " The Restrictive Trade Practices Act 1976 " ; and in the adjoining entry for " Section thirteen " substitute " Section twenty-six ".

Plant Varieties and Seeds Act 1964 c. 14

In section 8 of the Plant Varieties and Seeds Act 1964 for " Part I of the Restrictive Trade Practices Act 1956" substitute " The Restrictive Trade Practices Act 1976 ".

Cereals Marketing Act 1965 c. 14

In paragraph 3 of Schedule 1 to the Cereals Marketing Act 1965 for "Restrictive Trade Practices Act 1956" substitute " Restrictive Trade Practices Act 1976 " and for "section 6(8)" substitute " section 43(1) ".

Agriculture Act 1967 c. 22

In section 9(11) of the Agriculture Act 1967 for "Part I of the Restrictive Trade Practices Act 1956" substitute " the Restrictive Trade Practices Act 1976 ".

Livestock Marketing Commission Act (Northern Ireland) 1967 c. 21

In section 2(6) of the Livestock Marketing Commission Act (Northern Ireland) 1967 for "Part I of the Restrictive Trade Practices Act 1956 " substitute " the Restrictive Trade Practices Act 1976 ".

Agriculture (Miscellaneous Provisions) Act 1968 c. 34

In section 45 of the Agriculture (Miscellaneous Provisions) Act 1968—

Agriculture Act 1970 c. 40

In the Agriculture Act 1970—

Fair Trading Act 1973 c. 41

In the Fair Trading Act 1973—

SCHEDULE 6