Legalize / United Kingdom / Public General Act

Competition Act 1998

Type Public General Act

Publication 1998-11-09

Last updated 2026-01-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Pre-hearing reviews and preliminary matters

8

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Conduct of the hearing

9

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Interest

10

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Fees

11

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Withdrawing an appeal

12

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Interim orders

13

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Miscellaneous

14

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SCHEDULE 9

General

1

In this Schedule “rules” means rules made by the CMA under section 51.

Applications

2

Rules may make provision—

(a) as to the form and manner in which an application for guidance or an application for a decision must be made;

(b) for the procedure to be followed in dealing with the application;

(d) as to the documents and information which must be given to the OFT in connection with the application;

(e) requiring the applicant to give such notice of the application, to such other persons, as may be specified;

(f) as to the consequences of a failure to comply with any rule made by virtue of sub-paragraph (e);

(g) as to the procedure to be followed when the application is subject to the concurrent jurisdiction of the OFT and a regulator.

Provisional decisions

3

Rules may make provision as to the procedure to be followed by the OFT when making a provisional decision under paragraph 3 of Schedule 5 or paragraph 3 of Schedule 6.

Guidance

4

Rules may make provision as to—

(a) the form and manner in which guidance is to be given;

(b) the procedure to be followed if—

(i) the OFT takes further action with respect to an agreement after giving guidance that it is not likely to infringe the Chapter I prohibition; or

(ii) the OFT takes further action with respect to conduct after giving guidance that it is not likely to infringe the Chapter II prohibition.

Decisions

5

(1) Rules may make provision as to—

(a) the form and manner in which notice of any decision is to be given;

(b) the person or persons to whom the notice is to be given;

(d) the procedure to be followed if—

(i) the CMA takes further action with respect to an agreement after having decided that it does not infringe the Chapter I prohibition; or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) the CMA takes further action with respect to conduct after having decided that it does not infringe the Chapter II prohibition; ...

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this paragraph “decision” means a decision of the CMA —

(a) as to whether or not an agreement has infringed the Chapter I prohibition; or

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

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Individual exemptions

6

Rules may make provision as to—

(a) the procedure to be followed by the OFT when deciding whether, in accordance with section 5—

(i) to cancel an individual exemption that it has granted,

(ii) to vary or remove any of its conditions or obligations, or

(iii) to impose additional conditions or obligations;

(b) the form and manner in which notice of such a decision is to be given.

7

Rules may make provision as to—

(a) the form and manner in which an application under section 4(6) for the extension of an individual exemption is to be made;

(b) the circumstances in which the OFT will consider such an application;

(d) the form and manner in which notice of such a decision is to be given.

Block exemptions

8

Rules may make provision as to—

(a) the procedure to be followed by the CMA if it cancels a block exemption;

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

Assimilated exemptions

9

Rules may make provision as to—

(a) the circumstances in which the CMA may—

(i) impose conditions or obligations in relation to an assimilated exemption,

(ii) vary or remove any such conditions or obligations,

(iii) impose additional conditions or obligations, or

(iv) cancel the exemption;

(b) as to the procedure to be followed by the CMA if it is acting under section 10(5);

(d) the circumstances in which an exemption may be cancelled with retrospective effect.

...

10

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Directions withdrawing exclusions

11

Rules may make provision as to the factors which the CMA may take into account when it is determining the date on which a direction given under paragraph 4(1) of Schedule 1 or paragraph 2(3) or 9(3) of Schedule 3 is to have effect.

Disclosure of information

12

(1) Rules may make provision as to the circumstances in which the CMA is to be required, before disclosing information given to it by a third party in connection with the exercise of any of the CMA's functions under Part I, to give notice, and an opportunity to make representations, to the third party.

(2) In relation to the agreement (or conduct) concerned, “third party” means a person who is not a party to the agreement (or who has not engaged in the conduct).

Applications under section 47

13

Rules may make provision as to—

(a) the period within which an application under section 47(1) must be made;

(b) the procedure to be followed by the CMA in dealing with the application;

Enforcement

14

Rules may make provision as to the procedure to be followed when the CMA takes action under any of sections 32 to 40 with respect to the enforcement of the provisions of this Part.

SCHEDULE 10

Part I — Monopolies

1

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Part II — The Prohibitions

Telecommunications

2

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gas

3

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions transferred by subsection (3) of section 36A of the Gas Act 1986 (functions with respect to competition) are no longer exercisable by the Director General of Gas Supply.

(2) Accordingly, that Act is amended as follows.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Section 36A is amended as follows.

(5) For subsection (3) substitute—

(3) The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to— (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or (b) conduct of the kind mentioned in section 18(1) of that Act, which relate to the carrying on of activities to which this subsection applies. (3A) So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In subsection (6), omit “or (3)”.

(8) In subsection (7), for paragraph (b) substitute—

(b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electricity

4

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions transferred by subsection (3) of section 43 of the Electricity Act 1989 (functions with respect to competition) are no longer exercisable by the Director General of Electricity Supply.

(2) Accordingly, that Act is amended as follows.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Section 43 is amended as follows.

(5) For subsection (3) substitute—

(3) The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to— (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or (b) conduct of the kind mentioned in section 18(1) of that Act, which relate to commercial activities connected with the generation, transmission or supply of electricity. (3A) So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In subsection (5), omit “or (3)”.

(8) In subsection (6), for paragraph (b) substitute—

(b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water

5

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions exercisable by virtue of subsection (3) of section 31 of the Water Industry Act 1991 (functions of Director with respect to competition) are no longer exercisable by the Director General of Water Services.

(2) Accordingly, that Act is amended as follows.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 2, after subsection (6), insert—

(6A) Subsections (2) to (4) above do not apply in relation to anything done by the Director in the exercise of functions assigned to him by section 31(3) below (“Competition Act functions”). (6B) The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of subsections (2) to (4) above, if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.

(5) Section 31 is amended as follows.

(6) For subsection (3) substitute—

(3) The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to— (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or (b) conduct of the kind mentioned in section 18(1) of that Act, which relate to commercial activities connected with the supply of water or securing a supply of water or with the provision or securing of sewerage services.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) After subsection (4), insert—

(4A) So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) In subsection (7), omit “or (3)”.

(12) In subsection (8), for paragraph (b) substitute—

(b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Railways

6

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions transferred by subsection (3) of section 67 of the Railways Act 1993 (respective functions of the Regulator and the Director etc) are no longer exercisable by the Rail Regulator.

(2) Accordingly, that Act is amended as follows.

(3) In section 4 (general duties of the Secretary of State and the Regulator), after subsection (7), insert—

(7A) Subsections (1) to (6) above do not apply in relation to anything done by the Regulator in the exercise of functions assigned to him by section 67(3) below (“Competition Act functions”). (7B) The Regulator may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of subsections (1) to (6) above, if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.

(4) Section 67 is amended as follows.

(5) For subsection (3) substitute—

(3) The Regulator shall be entitled to exercise, concurrently with the Director, the functions of the Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to— (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or (b) conduct of the kind mentioned in section 18(1) of that Act, which relate to the supply of railway services. (3A) So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director are to be read as including a reference to the Regulator (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In subsection (6)(a), omit “or (3)”.

(8) In subsection (8), for paragraph (b) substitute—

(b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — The Prohibitions: Northern Ireland

Electricity

7

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions transferred by paragraph (3) of Article 46 of the Electricity (Northern Ireland) Order 1992 (functions with respect to competition) are no longer exercisable by the Director General of Electricity Supply for Northern Ireland.

(2) Accordingly, that Order is amended as follows.

(3) In Article 6 (general duties of the Director), after paragraph (2), add—

(3) Paragraph (1) does not apply in relation to anything done by the Director in the exercise of functions assigned to him by Article 46(3) (“Competition Act functions”). (4) The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by paragraph (1) (“a general matter”), if it is a matter to which the Director General of Fair Trading could have regard when exercising that function; but that is not to be taken as implying that, in the exercise of any function mentioned in Article 4(7) or paragraph (2), regard may not be had to any general matter.

(4) Article 46 is amended as follows.

(5) For paragraph (3) substitute—

(3) The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to— (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or (b) conduct of the kind mentioned in section 18(1) of that Act, which relate to commercial activities connected with the generation, transmission or supply of electricity. (3A) So far as necessary for the purposes of, or in connection with, the provisions of paragraph (3), references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In paragraph (5), omit “or (3)”.

(8) In paragraph (6), for sub-paragraph (b) substitute—

(b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gas

8

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions transferred by paragraph (3) of Article 23 of the Gas (Northern Ireland) Order 1996 (functions with respect to competition) are no longer exercisable by the Director General of Gas for Northern Ireland.

(2) Accordingly, that Order is amended as follows.

(3) In Article 5 (general duties of the Department and Director), after paragraph (4), insert—

(4A) Paragraphs (2) to (4) do not apply in relation to anything done by the Director in the exercise of functions assigned to him by Article 23(3) (“Competition Act functions”). (4B) The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of paragraphs (2) to (4), if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.

(4) Article 23 is amended as follows.

(5) For paragraph (3) substitute—

(3) The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to— (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or (b) conduct of the kind mentioned in section 18(1) of that Act, connected with the conveyance, storage or supply of gas. (3A) So far as necessary for the purposes of, or in connection with, the provisions of paragraph (3), references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In paragraph (5), omit “or (3)”.

(8) In paragraph (6), for sub-paragraph (b) substitute—

(b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Utilities: Minor and Consequential Amendments

The Telecommunications Act 1984 (c. 12)

9

(1) The Telecommunications Act 1984 is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In section 101(3) (general restrictions on disclosure of information)—

(a) omit paragraphs (d) and (e) (which refer to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976);

(b) after paragraph (m), insert—

(n) the Competition Act 1998

(8) At the end of section 101, insert—

(6) Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (5) of this section.

The Gas Act 1986 (c. 44)

10

(1) The Gas Act 1986 is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 25, omit subsection (2) (which falls with the repeal of the Restrictive Trade Practices Act 1976).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 28 (orders for securing compliance with certain provisions), in subsection (5), after paragraph (aa), omit “or” and after paragraph (b), insert

or (c) that the most appropriate way of proceeding is under the Competition Act 1998.

(6) In section 42(3) (general restrictions on disclosure of information)—

(a) omit paragraphs (e) and (f) (which refer to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976);

(b) after paragraph (n), insert—

(o) the Competition Act 1998

(7) At the end of section 42, insert—

(7) Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (6) of this section.

The Water Act 1989 (c. 15)

11

In section 174(3) of the Water Act 1989 (general restrictions on disclosure of information)—

(a) omit paragraphs (d) and (e) (which refer to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976);

(b) after paragraph (l), insert—

(ll) the Competition Act 1998

The Electricity Act 1989 (c. 29)

12

(1) The Electricity Act 1989 is amended as follows.

(2) In section 12 (modification references to Competition Commission), for subsections (8) and (9) substitute—

(8) The provisions mentioned in subsection (8A) are to apply in relation to references under this section as if— (a) the functions of the Competition Commission in relation to those references were functions under the 1973 Act; (b) the expression “merger reference” included a reference under this section; (c) in section 70 of the 1973 Act— (i) references to the Secretary of State were references to the Director, and (ii) the reference to three months were a reference to six months. (8A) The provisions are— (a) sections 70 (time limit for report on merger) and 85 (attendance of witnesses and production of documents) of the 1973 Act; (b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and (c) section 24 of the 1980 Act (modification of provisions about performance of such functions). (9) For the purposes of references under this section, the Secretary of State is to appoint not less than eight members of the Competition Commission. (9A) In selecting a group to perform the Commission’s functions in relation to any such reference, the chairman of the Commission must select up to three of the members appointed under subsection (9) to be members of the group.

(3) In section 13, omit subsection (2) (which falls with the repeal of the Restrictive Trade Practices Act 1976).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 25 (orders for securing compliance), in subsection (5), after paragraph (b), omit “or” and after paragraph (c), insert

or (d) that the most appropriate way of proceeding is under the Competition Act 1998.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In section 57(3) (general restrictions on disclosure of information)—

(a) omit paragraphs (d) and (e) (which refer to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976);

(b) after paragraph (no), insert—

(nop) the Competition Act 1998

(8) At the end of section 57, insert—

(7) Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (6) of this section.

The Water Industry Act 1991 (c. 56)

13

(1) The Water Industry Act 1991 is amended as follows.

(2) In section 12(5) (determinations under conditions of appointment)—

(a) after “this Act”, insert “ or ”;

(b) omit “or the 1980 Act”.

(3) In section 14 (modification references to Competition Commission), for subsections (7) and (8) substitute—

(7) The provisions mentioned in subsection (7A) are to apply in relation to references under this section as if— (a) the functions of the Competition Commission in relation to those references were functions under the 1973 Act; (b) the expression “merger reference” included a reference under this section; (c) in section 70 of the 1973 Act— (i) references to the Secretary of State were references to the Director, and (ii) the reference to three months were a reference to six months. (7A) The provisions are— (a) sections 70 (time limit for report on merger) and 85 (attendance of witnesses and production of documents) of the 1973 Act; (b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and (c) section 24 of the 1980 Act (modification of provisions about performance of such functions). (8) For the purposes of references under this section, the Secretary of State is to appoint not less than eight members of the Competition Commission. (8A) In selecting a group to perform the Commission’s functions in relation to any such reference, the chairman of the Commission must select one or more of the members appointed under subsection (8) to be members of the group.

(4) In section 15, omit subsection (2) (which falls with the repeal of the Restrictive Trade Practices Act 1976).

(5) In section 17 (modification by order under other enactments)—

(a) in subsection (1), omit paragraph (b) and the “or” immediately before it;

(b) in subsection (2)—

(i) after paragraph (a), insert “ or ”;

(ii) omit paragraph (c) and the “or” immediately before it;

(6) In section 19 (exceptions to duty to enforce), after subsection (1), insert—

(1A) The Director shall not be required to make an enforcement order, or to confirm a provisional enforcement order, if he is satisfied that the most appropriate way of proceeding is under the Competition Act 1998.

(7) In section 19(3), after “subsection (1) above”, insert “ or, in the case of the Director, is satisfied as mentioned in subsection (1A) above, ”.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) After section 206(9) (restriction on disclosure of information), insert—

(9A) Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (9) of this section.

(10) In Schedule 15 (disclosure of information), in Part II (enactments in respect of which disclosure may be made)—

(a) omit the entries relating to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976;

(b) after the entry relating to the Railways Act 1993, insert the entry— “ The Competition Act 1998 ”.

The Water Resources Act 1991 (c. 57)

14

In Schedule 24 to the Water Resources Act 1991 (disclosure of information), in Part II (enactments in respect of which disclosure may be made)—

(a) omit the entries relating to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976;

(b) after the entry relating to the Coal Industry Act 1994, insert the entry— “ The Competition Act 1998 ”.

The Railways Act 1993 (c. 43)

15

(1) The Railways Act 1993 is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 14, omit subsection (2) (which falls with the repeal of the Restrictive Trade Practices Act 1976).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 22, after subsection (6), insert—

(6A) Neither the Director General of Fair Trading nor the Regulator may exercise, in respect of an access agreement, the powers given by section 32 (enforcement directions) or section 35(2) (interim directions) of the Competition Act 1998. (6B) Subsection (6A) does not apply to the exercise of the powers given by section 35(2) in respect of conduct— (a) which is connected with an access agreement; and (b) in respect of which section 35(1)(b) of that Act applies.

(6) In section 55 (orders for securing compliance), after subsection (5), insert—

(5A) The Regulator shall not make a final order, or make or confirm a provisional order, in relation to a licence holder or person under closure restrictions if he is satisfied that the most appropriate way of proceeding is under the Competition Act 1998.

(7) In section 55—

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

(b) in subsection (11), for “subsection (10)” substitute “ subsections (5A) and (10) ”.

(8) Omit section 131 (modification of Restrictive Trade Practices Act 1976).

(9) In section 145(3) (general restrictions on disclosure of information)—

(a) omit paragraphs (d) and (e) (which refer to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976);

(b) after paragraph (q), insert—

(qq) the Competition Act 1998.

(10) After section 145(6), insert—

(6A) Information obtained by the Regulator in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (6) of this section.

The Channel Tunnel Rail Link Act 1996 (c. 61)

16

(1) The Channel Tunnel Rail Link Act 1996 is amended as follows.

(2) In section 21 (duties as to exercise of regulatory functions), in subsection (6), at the end of the paragraph about regulatory functions, insert

other than any functions assigned to him by virtue of section 67(3) of that Act (“Competition Act functions”). (7) The Regulator may, when exercising any Competition Act function, have regard to any matter to which he would have regard if— (a) he were under the duty imposed by subsection (1) or (2) above in relation to that function; and (b) the matter is one to which the Director General of Fair Trading could have regard if he were exercising that function.

(3) In section 22 (restriction of functions in relation to competition etc.), for subsection (3) substitute—

(3) The Rail Regulator shall not be entitled to exercise any functions assigned to him by section 67(3) of the Railways Act 1993 (by virtue of which he exercises concurrently with the Director General of Fair Trading certain functions under Part I of the Competition Act 1998 so far as relating to matters connected with the supply of railway services) in relation to— (a) any agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act that have been entered into or taken by, or (b) any conduct of the kind mentioned in section 18(1) of that Act that has been engaged in by, a rail link undertaker in connection with the supply of railway services, so far as relating to the rail link.

Part V — Minor and Consequential Amendments: Northern Ireland

The Electricity (Northern Ireland) Order 1992

17

(1) The Electricity (Northern Ireland) Order 1992 is amended as follows.

(2) In Article 15 (modification references to Competition Commission), for paragraphs (8) and (9) substitute—

(8) The provisions mentioned in paragraph (8A) are to apply in relation to references under this Article as if— (a) the functions of the Competition Commission in relation to those references were functions under the 1973 Act; (b) “merger reference” included a reference under this Article; (c) in section 70 of the 1973 Act— (i) references to the Secretary of State were references to the Director, and (ii) the reference to three months were a reference to six months. (8A) The provisions are— (a) sections 70 (time limit for report on merger) and 85 (attendance of witnesses and production of documents) of the 1973 Act; (b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and (c) section 24 of the 1980 Act (modification of provisions about performance of such functions). (9) The Secretary of State may appoint members of the Competition Commission for the purposes of references under this Article. (9A) In selecting a group to perform the Commission’s functions in relation to any such reference, the chairman of the Commission must select up to three of the members appointed under paragraph (9) to be members of the group.

(3) In Article 16, omit paragraph (2) (which falls with the repeal of the Restrictive Trade Practices Act 1976).

(4) In Article 18 (modification by order under other statutory provisions)—

(a) in paragraph (1), omit sub-paragraph (b) and the “or” immediately before it;

(b) in paragraph (2)—

(i) after sub-paragraph (a), insert “ or ”;

(ii) omit sub-paragraph (c) and the “or” immediately before it;

(5) In Article 28 (orders for securing compliance), in paragraph (5), after sub-paragraph (b), omit “or” and after sub-paragraph (c), insert

or (d) that the most appropriate way of proceeding is under the Competition Act 1998.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In Article 61(3) (general restrictions on disclosure of information)—

(a) omit sub-paragraphs (f) and (g) (which refer to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976);

(b) after sub-paragraph (t), add—

(u) the Competition Act 1998

(8) At the end of Article 61, insert—

(7) Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to paragraphs (1) to (6).

(9) In Schedule 12, omit paragraph 16 (which amends the Restrictive Trade Practices Act 1976).

The Gas (Northern Ireland) Order 1996

18

(1) The Gas (Northern Ireland) Order 1996 is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Article 16, omit paragraph (2) (which falls with the repeal of the Restrictive Trade Practices Act 1976).

(4) In Article 18 (modification by order under other statutory provisions)—

(a) in paragraph (1), omit sub-paragraph (b) and the “or” immediately before it;

(b) in paragraph (3)—

(i) after sub-paragraph (a), insert “ or ”;

(ii) omit sub-paragraph (c) and the “or” immediately before it;

(5) In Article 19 (orders for securing compliance), in paragraph (5), after sub-paragraph (b), omit “or” and after sub-paragraph (c), insert

or (d) that the most appropriate way of proceeding is under the Competition Act 1998.

(6) In Article 44(4) (general restrictions on disclosure of information)—

(a) omit sub-paragraphs (f) and (g) (which refer to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976);

(b) after sub-paragraph (u), add—

(v) the Competition Act 1998

(7) At the end of Article 44, insert—

(8) Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to paragraphs (1) to (7).

SCHEDULE 11

Relevant functions

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Designated persons

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12

The Fair Trading Act 1973 (c. 41)

1

(1) The Fair Trading Act 1973 is amended as follows.

(2) Omit section 4 and Schedule 3 (which make provision in respect of the Monopolies and Mergers Commission).

(3) Omit—

(a) section 10(2),

(b) section 54(5),

(d) paragraph 3(1) and (2) of Schedule 8,

(which fall with the repeal of the Restrictive Trade Practices Act 1976).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Omit section 45 (power of the Director to require information about complex monopoly situations).

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) In section 135(1) (financial provisions)—

(a) in the words before paragraph (a) and in paragraph (b), omit “or the Commission”; and

(b) omit paragraph (a).

The Energy Act 1976 (c. 76)

2

In the Energy Act 1976, omit section 5 (temporary relief from restrictive practices law in relation to certain agreements connected with petroleum).

The Estate Agents Act 1979 (c. 38)

3

In section 10(3) of the Estate Agents Act 1979 (restriction on disclosure of information), in paragraph (a)—

(a) omit “or the Restrictive Trade Practices Act 1976”; and

(b) after “the Coal Industry Act 1994”, insert “ or the Competition Act 1998 ”.

The Competition Act 1980 (c. 21)

4

(1) The Competition Act 1980 is amended as follows.

(2) In section 11(8) (public bodies and other persons referred to the Commission), omit paragraph (b) and the “and” immediately before it.

(3) For section 11(9) (which makes provision for certain functions of the Competition Commission under the Fair Trading Act 1973 to apply in relation to references under the Competition Act 1980) substitute—

(9) The provisions mentioned in subsection (9A) are to apply in relation to a reference under this section as if— (a) the functions of the Competition Commission under this section were functions under the Fair Trading Act 1973; (b) the expression “merger reference” included a reference to the Commission under this section; and (c) in paragraph 20(2)(a) of Schedule 7 to the Competition Act 1998, the reference to section 56 of the Fair Trading Act 1973 were a reference to section 12 below. (9A) The provisions are— (a) sections 70 (time limit for report on merger), 84 (public interest) and 85 (attendance of witnesses and production of documents) of the Fair Trading Act 1973; and (b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions).

(4) In section 13 (investigation of prices directed by Secretary of State)—

(a) in subsection (1), omit from “but the giving” to the end;

(b) for subsection (6) substitute—

(6) For the purposes of an investigation under this section the Director may, by notice in writing signed by him— (a) require any person to produce— (i) at a time and a place specified in the notice, (ii) to the Director or to any person appointed by him for the purpose, any documents which are specified or described in the notice and which are documents in his custody or under his control and relating to any matter relevant to the investigation; or (b) require any person carrying on any business to— (i) furnish to the Director such estimates, forecasts, returns or other information as may be specified or described in the notice; and (ii) specify the time, manner and form in which any such estimates, forecasts, returns or information are to be furnished. (7) No person shall be compelled, for the purpose of any investigation under this section— (a) to produce any document which he could not be compelled to produce in civil proceedings before the High Court or, in Scotland, the Court of Session; or (b) in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in such proceedings. (8) Subsections (6) to (8) of section 85 of the Fair Trading Act 1973 (enforcement provisions relating to notices requiring production of documents etc.) shall apply in relation to a notice under subsection (6) above as they apply in relation to a notice under section 85(1) but as if, in section 85(7), for the words from “any one” to “the Commission” there were substituted “the Director.”

(5) In section 15 (special provisions for agricultural schemes) omit subsections (2)(b), (3) and (4).

(6) In section 16 (reports), omit subsection (3).

(7) In section 17 (publication etc. of reports)—

(a) in subsections (1) and (3) to (5), omit “8(1)”;

(b) in subsection (2), omit “8(1) or”; and

(8) In section 19(3) (restriction on disclosure of information), omit paragraphs (d) and (e).

(9) In section 19(3), after paragraph (q), insert—

(r) the Competition Act 1998

(10) In section 19(5)(a), omit “or in anything published under section 4(2)(a) above”.

(11) Omit section 22 (which amends the Fair Trading Act 1973).

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) Omit sections 25 to 30 (amendments of the Restrictive Trade Practices Act 1976).

(14) In section 31 (orders and regulations)—

(a) omit subsection (2); and

(b) in subsection (3), omit “10”.

(15) In section 33 (short title etc)—

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

(b) omit subsections (3) and (4).

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

5

In Schedule 6 to the Magistrates’ Courts (Northern Ireland) Order 1981, omit paragraphs 42 and 43 (which amend the Restrictive Trade Practices Act 1976).

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

6

In Schedule 8 to the Agricultural Marketing (Northern Ireland) Order 1982—

(a) omit the entry relating to paragraph 16(2) of Schedule 3 to the Fair Trading Act 1973; and

(b) in the entry relating to the Competition Act 1980—

(i) for “sections” substitute “ section ”;

(ii) omit “and 15(3)”.

The Airports Act 1986 (c. 31)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Financial Services Act 1986 (c. 60)

8

In Schedule 11 to the Financial Services Act 1986, in paragraph 12—

(a) in sub-paragraph (1), omit “126”;

(b) omit sub-paragraph (2).

The Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986 (S.I. 1986/1035 (N.I. 9))

9

In Part II of Schedule 1 to the Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986, omit the entries relating to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976.

The Consumer Protection Act 1987 (c. 43)

10

In section 38(3) of the Consumer Protection Act 1987 (restrictions on disclosure of information)—

(a) omit paragraphs (e) and (f); and

(b) after paragraph (o), insert—

(p) the Competition Act 1998.

The Channel Tunnel Act 1987 (c. 53)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Road Traffic (Consequential Provisions) Act 1988 (c. 54)

12

In Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (consequential amendments), omit paragraph 19.

The Companies Act 1989 (c. 40)

13

In Schedule 20 to the Companies Act 1989 (amendments about mergers and related matters), omit paragraphs 21 to 24.

The Broadcasting Act 1990 (c. 42)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Tribunals and Inquiries Act 1992 (c. 53)

15

In Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals), after paragraph 9, insert—

Competition	9A. An appeal tribunal established under section 48 of the Competition Act 1998.

The Osteopaths Act 1993 (c. 21)

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Chiropractors Act 1994 (c. 17)

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Coal Industry Act 1994 (c. 21)

18

In section 59(4) of the Coal Industry Act 1994 (information to be kept confidential by the Coal Authority)—

(a) omit paragraphs (e) and (f); and

(b) after paragraph (m), insert—

(n) the Competition Act 1998.

The Deregulation and Contracting Out Act 1994 (c. 40)

19

(1) The Deregulation and Contracting Out Act 1994 is amended as follows.

(2) Omit—

(a) section 10 (restrictive trade practices: non-notifiable agreements); and

(b) section 11 (registration of commercially sensitive information).

(3) In section 12 (anti-competitive practices: competition references), omit subsections (1) to (6).

(4) In Schedule 4, omit paragraph 1.

(5) In Schedule 11 (miscellaneous deregulatory provisions: consequential amendments), in paragraph 4, omit sub-paragraphs (3) to (7).

The Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Broadcasting Act 1996 (c. 55)

21

In section 77 of the Broadcasting Act 1996 (which modifies the Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision), omit subsection (2).

SCHEDULE 13

Part I — General

Interpretation

1

(1) In this Schedule—

“RPA” means the Resale Prices Act 1976;

“RTPA” means the Restrictive Trade Practices Act 1976;

“continuing proceedings” has the meaning given by paragraph 15;

“the Court” means the Restrictive Practices Court;

“Director” means the Director General of Fair Trading;

“document” includes information recorded in any form;

“enactment date” means the date on which this Act is passed;

“information” includes estimates and forecasts;

“interim period” means the period beginning on the enactment date and ending immediately before the starting date;

“prescribed” means prescribed by an order made by the Secretary of State;

“regulator” means any person mentioned in paragraphs (a) to (g) of paragraph 1 of Schedule 10 and the Civil Aviation Authority;

“starting date” means the date on which section 2 comes into force;

“transitional period” means the transitional period provided for in Chapters III and IV of Part IV of this Schedule.

(2) Sections 30, 44, 51, 53, 55, 56, 57 and 59(3) and (4) and paragraph 12 of Schedule 9 (“the applied provisions”) apply for the purposes of this Schedule as they apply for the purposes of Part I of this Act.

(3) Section 2(5) applies for the purposes of any provisions of this Schedule which are concerned with the operation of the Chapter I prohibition as it applies for the purposes of Part I of this Act.

(4) In relation to any of the matters in respect of which a regulator may exercise powers as a result of paragraph 35(1), the applied provisions are to have effect as if references to the Director included references to the regulator.

(5) The fact that to a limited extent the Chapter I prohibition does not apply to an agreement, because a transitional period is provided by virtue of this Schedule, does not require those provisions of the agreement in respect of which there is a transitional period to be disregarded when considering whether the agreement infringes the prohibition for other reasons.

General power to make transitional provision and savings

2

(1) Nothing in this Schedule affects the power of the Secretary of State under section 75 to make transitional provisions or savings.

(2) An order under that section may modify any provision made by this Schedule.

Advice and information

3

(1) The Director may publish advice and information explaining provisions of this Schedule to persons who are likely to be affected by them.

(2) Any advice or information published by the Director under this paragraph is to be published in such form and manner as he considers appropriate.

Part II — During the Interim Period

Block exemptions

4

(1) The Secretary of State may, at any time during the interim period, make one or more orders for the purpose of providing block exemptions which are effective on the starting date.

(2) An order under this paragraph has effect as if properly made under section 6.

Certain agreements to be non-notifiable agreements

5

An agreement which—

(a) is made during the interim period, and

(b) satisfies the conditions set out in paragraphs (a), (c) and (d) of section 27A(1) of the RTPA,

is to be treated as a non-notifiable agreement for the purposes of the RTPA.

Application of RTPA during the interim period

6

In relation to agreements made during the interim period—

(a) the Director is no longer under the duty to take proceedings imposed by section 1(2)(c) of the RTPA but may continue to do so;

(b) section 21 of that Act has effect as if subsections (1) and (2) were omitted; and

(c) section 35(1) of that Act has effect as if the words “or within such further time as the Director may, upon application made within that time, allow” were omitted.

Guidance

7

(1) Sub-paragraphs (2) to (4) apply in relation to agreements made during the interim period.

(2) An application may be made to the Director in anticipation of the coming into force of section 13 in accordance with directions given by the Director and such an application is to have effect on and after the starting date as if properly made under section 13.

(3) The Director may, in response to such an application—

(a) give guidance in anticipation of the coming into force of section 2; or

(b) on and after the starting date, give guidance under section 15 as if the application had been properly made under section 13.

(4) Any guidance so given is to have effect on and after the starting date as if properly given under section 15.

Part III — On the Starting Date

Applications which fall

8

(1) Proceedings in respect of an application which is made to the Court under any of the provisions mentioned in sub-paragraph (2), but which is not determined before the starting date, cease on that date.

(2) The provisions are—

(a) sections 2(2), 35(3), 37(1) and 40(1) of the RTPA and paragraph 5 of Schedule 4 to that Act;

(b) section 4(1) of the RTPA so far as the application relates to an order under section 2(2) of that Act; and

(3) The power of the Court to make an order for costs in relation to any proceedings is not affected by anything in this paragraph or by the repeals made by section 1.

Orders and approvals which fall

9

(1) An order in force immediately before the starting date under—

(a) section 2(2), 29(1), 30(1), 33(4), 35(3) or 37(1) of the RTPA; or

(b) section 25(2) of the RPA,

ceases to have effect on that date.

(2) An approval in force immediately before the starting date under section 32 of the RTPA ceases to have effect on that date.

Part IV — On and After the Starting Date

Chapter I — General

Duty of Director to maintain register etc.

10

(1) This paragraph applies even though the relevant provisions of the RTPA are repealed by this Act.

(2) The Director is to continue on and after the starting date to be under the duty imposed by section 1(2)(a) of the RTPA to maintain a register in respect of agreements—

(a) particulars of which are, on the starting date, entered or filed on the register;

(b) which fall within sub-paragraph (4);

(c) which immediately before the starting date are the subject of proceedings under the RTPA which do not cease on that date by virtue of this Schedule; or

(d) in relation to which a court gives directions to the Director after the starting date in the course of proceedings in which a question arises as to whether an agreement was, before that date—

(i) one to which the RTPA applied;

(ii) subject to registration under that Act;

(iii) a non-notifiable agreement for the purposes of that Act.

(3) The Director is to continue on and after the starting date to be under the duties imposed by section 1(2)(a) and (b) of the RTPA of compiling a register of agreements and entering or filing certain particulars in the register, but only in respect of agreements of a kind referred to in paragraph (b), (c) or (d) of sub-paragraph (2).

(4) An agreement falls within this sub-paragraph if—

(a) it is subject to registration under the RTPA but—

(i) is not a non-notifiable agreement within the meaning of section 27A of the RTPA, or

(ii) is not one to which paragraph 5 applies;

(b) particulars of the agreement have been provided to the Director before the starting date; and

(5) Sections 23 and 27 of the RTPA are to apply after the starting date in respect of the register subject to such modifications, if any, as may be prescribed.

(6) In sub-paragraph (2)(d) “court” means—

(a) the High Court;

(b) the Court of Appeal;

(d) the High Court or Court of Appeal in Northern Ireland; or

(e) the Supreme Court.

RTPA section 3 applications

11

(1) Even though section 3 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply, with such modifications (if any) as may be prescribed—

(a) in relation to a continuing application under that section; or

(b) so as to allow an application to be made under that section on or after the starting date in respect of a continuing application under section 1(3) of the RTPA.

(2) “Continuing application” means an application made, but not determined, before the starting date.

RTPA section 26 applications

12

(1) Even though section 26 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply, with such modifications (if any) as may be prescribed, in relation to an application which is made under that section, but not determined, before the starting date.

(2) If an application under section 26 is determined on or after the starting date, this Schedule has effect in relation to the agreement concerned as if the application had been determined immediately before that date.

Right to bring civil proceedings

13

(1) Even though section 35 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply in respect of a person who, immediately before the starting date, has a right by virtue of section 27ZA or 35(2) of that Act to bring civil proceedings in respect of an agreement (but only so far as that right relates to any period before the starting date or, where there are continuing proceedings, the determination of the proceedings).

(2) Even though section 25 of the RPA is repealed by this Act, the provisions of that section (and so far as necessary that Act) are to continue to apply in respect of a person who, immediately before the starting date, has a right by virtue of subsection (3) of that section to bring civil proceedings (but only so far as that right relates to any period before the starting date or, where there are continuing proceedings, the determination of the proceedings).

Chapter II — Continuing Proceedings

The general rule

14

(1) The Chapter I prohibition does not apply to an agreement at any time when the agreement is the subject of continuing proceedings under the RTPA.

(2) The Chapter I prohibition does not apply to an agreement relating to goods which are the subject of continuing proceedings under section 16 or 17 of the RPA to the extent to which the agreement consists of exempt provisions.

(3) In sub-paragraph (2) “exempt provisions” means those provisions of the agreement which would, disregarding section 14 of the RPA, be—

(a) void as a result of section 9(1) of the RPA; or

(b) unlawful as a result of section 9(2) or 11 of the RPA.

(4) If the Chapter I prohibition does not apply to an agreement because of this paragraph, the provisions of, or made under, the RTPA or the RPA are to continue to have effect in relation to the agreement.

(5) The repeals made by section 1 do not affect—

(a) continuing proceedings; or

(b) proceedings of the kind referred to in paragraph 11 or 12 of this Schedule which are continuing after the starting date.

Meaning of “continuing proceedings”

15

(1) For the purposes of this Schedule “continuing proceedings” means proceedings in respect of an application made to the Court under the RTPA or the RPA, but not determined, before the starting date.

(2) But proceedings under section 3 or 26 of the RTPA to which paragraph 11 or 12 applies are not continuing proceedings.

(3) The question whether (for the purposes of Part III, or this Part, of this Schedule) an application has been determined is to be decided in accordance with sub-paragraphs (4) and (5).

(4) If an appeal against the decision on the application is brought, the application is not determined until—

(a) the appeal is disposed of or withdrawn; or

(b) if as a result of the appeal the case is referred back to the Court—

(i) the expiry of the period within which an appeal (“the further appeal”) in respect of the Court’s decision on that reference could have been brought had this Act not been passed; or

(ii) if later, the date on which the further appeal is disposed of or withdrawn.

(5) Otherwise, the application is not determined until the expiry of the period within which any party to the application would have been able to bring an appeal against the decision on the application had this Act not been passed.

RTPA section 4 proceedings

16

Proceedings on an application for an order under section 4 of the RTPA are also continuing proceedings if—

(a) leave to make the application is applied for before the starting date but the proceedings in respect of that application for leave are not determined before that date; or

(b) leave to make an application for an order under that section is granted before the starting date but the application itself is not made before that date.

RPA section 16 or 17 proceedings

17

Proceedings on an application for an order under section 16 or 17 of the RPA are also continuing proceedings if—

(a) leave to make the application is applied for before the starting date but the proceedings in respect of that application for leave are not determined before that date; or

(b) leave to make an application for an order under section 16 or 17 of the RPA is granted before the starting date, but the application itself is not made before that date.

Continuing proceedings which are discontinued

18

(1) On an application made jointly to the Court by all the parties to any continuing proceedings, the Court must, if it is satisfied that the parties wish it to do so, discontinue the proceedings.

(2) If, on an application under sub-paragraph (1) or for any other reason, the Court orders the proceedings to be discontinued, this Schedule has effect (subject to paragraphs 21 and 22) from the date on which the proceedings are discontinued as if they had never been instituted.

Chapter III — The Transitional Period

The general rule

19

(1) Except where this Chapter or Chapter IV provides otherwise, there is a transitional period, beginning on the starting date and lasting for one year, for any agreement made before the starting date.

(2) The Chapter I prohibition does not apply to an agreement to the extent to which there is a transitional period for the agreement.

(3) The Secretary of State may by regulations provide for sections 13 to 16 and Schedule 5 to apply with such modifications (if any) as may be specified in the regulations, in respect of applications to the Director about agreements for which there is a transitional period.

Cases for which there is no transitional period

20

(1) There is no transitional period for an agreement to the extent to which, immediately before the starting date, it is—

(a) void under section 2(1) or 35(1)(a) of the RTPA;

(b) the subject of an order under section 2(2) or 35(3) of the RTPA; or

(2) There is no transitional period for an agreement to the extent to which, before the starting date, a person has acted unlawfully for the purposes of section 27ZA(2) or (3) of the RTPA in respect of the agreement.

(3) There is no transitional period for an agreement to which paragraph 25(4) applies.

(4) There is no transitional period for—

(a) an agreement in respect of which there are continuing proceedings, or

(b) an agreement relating to goods in respect of which there are continuing proceedings,

to the extent to which the agreement is, when the proceedings are determined, void or unlawful.

Continuing proceedings under the RTPA

21

In the case of an agreement which is the subject of continuing proceedings under the RTPA, the transitional period begins—

(a) if the proceedings are discontinued, on the date of discontinuance;

(b) otherwise, when the proceedings are determined.

Continuing proceedings under the RPA

22

(1) In the case of an agreement relating to goods which are the subject of continuing proceedings under the RPA, the transitional period for the exempt provisions of the agreement begins—

(a) if the proceedings are discontinued, on the date of discontinuance;

(b) otherwise, when the proceedings are determined.

(2) In sub-paragraph (1) “exempt provisions” has the meaning given by paragraph 14(3).

Provisions not contrary to public interest

23

(1) To the extent to which an agreement contains provisions which, immediately before the starting date, are provisions which the Court has found not to be contrary to the public interest, the transitional period lasts for five years.

(2) Sub-paragraph (1) is subject to paragraph 20(4).

(3) To the extent to which an agreement which on the starting date is the subject of continuing proceedings is, when the proceedings are determined, found by the Court not to be contrary to the public interest, the transitional period lasts for five years.

Goods

24

(1) In the case of an agreement relating to goods which, immediately before the starting date, are exempt under section 14 of the RPA, there is a transitional period for the agreement to the extent to which it consists of exempt provisions.

(2) Sub-paragraph (1) is subject to paragraph 20(4).

(3) In the case of an agreement relating to goods—

(a) which on the starting date are the subject of continuing proceedings, and

(b) which, when the proceedings are determined, are found to be exempt under section 14 of the RPA,

there is a transitional period for the agreement, to the extent to which it consists of exempt provisions.

(4) In each case, the transitional period lasts for five years.

(5) In sub-paragraphs (1) and (3) “exempt provisions” means those provisions of the agreement which would, disregarding section 14 of the RPA, be—

(a) void as a result of section 9(1) of the RPA; or

(b) unlawful as a result of section 9(2) or 11 of the RPA.

Transitional period for certain agreements

25

(1) This paragraph applies to agreements—

(a) which are subject to registration under the RTPA but which—

(i) are not non-notifiable agreements within the meaning of section 27A of the RTPA, or

(ii) are not agreements to which paragraph 5 applies; and

(b) in respect of which the time for furnishing relevant particulars as required by or under the RTPA expires on or after the starting date.

(2) “Relevant particulars” means—

(a) particulars which are required to be furnished by virtue of section 24 of the RTPA; or

(b) particulars of any variation of an agreement which are required to be furnished by virtue of sections 24 and 27 of the RTPA.

(3) There is a transitional period of one year for an agreement to which this paragraph applies if—

(a) relevant particulars are furnished before the starting date; and

(b) no person has acted unlawfully (for the purposes of section 27ZA(2) or (3) of the RTPA) in respect of the agreement.

(4) If relevant particulars are not furnished by the starting date, section 35(1)(a) of the RTPA does not apply in relation to the agreement (unless sub-paragraph (5) applies).

(5) This sub-paragraph applies if a person falling within section 27ZA(2) or (3) of the RTPA has acted unlawfully for the purposes of those subsections in respect of the agreement.

Special cases

26

(1) In the case of an agreement in respect of which—

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

(b) a direction under section 194A(3) of the Broadcasting Act 1990 (“the 1990 Act”) is in force immediately before the starting date,

the transitional period lasts for five years.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Sub-paragraphs (1) ... do not affect the power of—

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

(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 Utilities

General

27

In this Chapter “the relevant period” means the period beginning with the starting date and ending immediately before the fifth anniversary of that date.

Electricity

28

(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—

“section 100 order” means an order made under section 100 of the Electricity Act 1989; and

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 orders

29

(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—

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