Price Commission Act 1977

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1

Amendments of enactments

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14

Amendments relating to the code and other amendments of 1973 Act.

15

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The 1973 Act shall have effect subject to the provisions of Schedule 2 to this Act.

Amendments of Prices Act 1974.

16

• (1) For subsection (1) of section 4 of the Prices Act 1974 (which enables provision to be made by order for securing that prices are indicated for goods offered or exposed for sale by retail) there shall be substituted the following subsection—

• (1) The Secretary of State may by order make provision for securing—

• (a) that prices are indicated on or in relation to goods which a person indicates are or may be for sale by retail, whether or not the goods are in existence when he does so;

• (b) that charges are indicated for services which a person indicates are or may be provided, except services which he indicates are or may be provided only for the purposes of businesses carried on by other persons;

• (c) that prices of such goods or charges for such services are not indicated in a manner which the Secretary of State considers inappropriate and that no part of a penny except one half-penny is specified in the amount of an indicated price or charge.

• (2) Accordingly—

• (a) in subsection (2) of that section (which contains supplementary provisions relating to an order under that section), after the words “this section” there shall be inserted the words “may specify the kinds of goods or services to which and the circumstances in which the order applies and” and after the words “price” and “goods” wherever they occur there shall be inserted respectively the words “or charge” and “or services”; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In subsection (5) of that section (which among other things provides that an order under that section made by the Department of Commerce for Northern Ireland shall be subject to negative resolution as provided by that subsection) before the word “subject” there shall be inserted the words “a statutory rule for the purposes of the Statutory Rules Act (Northern Ireland) 1958 and be”.

• (4) Section 3 of the Prices Act 1974 (which confers on the Commission additional powers relating to price increases) shall cease to have effect.

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17

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SCHEDULE 1

SCHEDULE 2

1

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4

In section 17 of the 1973 Act (which relates to offences)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (6) (which penalises an officer of a body corporate for an offence committed by the body with his consent or through his neglect) after the words “this Act” there shall be inserted the words “or the Price Commission Act 1977” and at the end of the subsection there shall be inserted the words—

Where the affairs of a body corporate are managed by its members, the preceding provisions of this subsection shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate

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• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) at the end of subsection (9) which provides that proceedings for an offence under the 1973 Act shall not be begun without the consent of the Attorney General) there shall be inserted the words “; and in any such proceedings it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.”

5

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SCHEDULE 3

Editorial notes

[^c726094]: Whole Act (except ss. 16 and 17) repealed by Competition Act 1980 (c. 21, SIF 124:1), S. 33(5), Sch. 2 (the repeal being in force except as regards s. 15(4) and paras. 4(b) and (d) of Sch. 2; in the case of these excepted provisions the repeal comes into force on 1.1.2011).

[^c726095]: Ss. 1–14 and 15(1)–(3) repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2

[^c726096]: Ss. 1–14 and 15(1)–(3) repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2

[^c726097]: Ss. 1–14 and 15(1)–(3) repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2

[^c726098]: S. 15(4) and Sch. 2 para. 4(b)(d) repealed (1.1.2011) by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2 and S.I. 1980/497

[^c726099]: The text of s. 15(4) and Sch. 2 para. 4(b)(d) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c726100]: The text of s. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c726101]: 1974 c. 24.

[^c726102]: 1974 c. 24.

[^c726103]: S. 17 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. II

[^c726104]: Ss. 18–24 repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2

[^c726105]: Sch. 1 repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2

[^c726106]: Sch. 2 paras. 1–3, 4(a)(c) and 5–10 repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2

[^c726107]: “the 1973 Act” is the Counter-Inflation Act 1973 (c. 9)

[^c726108]: Sch. 2 paras. 1–3, 4(a)(c) and 5–10 repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2

[^c726109]: S. 15(4) and Sch. 2 para. 4(b)(d) repealed (1.1.2011) by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2 and S.I. 1980/497

[^c726110]: The text of s. 15(4) and Sch. 2 para. 4(b)(d) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c726114]: Sch. 2 paras. 1–3, 4(a)(c) and 5–10 repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2

[^c726115]: Sch. 3 repealed by Competition Act 1980 (c. 21, SIF 124:1), Sch. 2

[^key-b9fce429ddde29fdd1d9b85a8bde33aa]: S. 16(2)(b) repealed (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 85(a); S.I. 2015/1630, art. 3(i) (with art. 8)