Fair Trading Act 1973

Part XII U.K. Miscellaneous and Supplementary Provisions

124 Publication of information and advice. U.K.

(1) With respect to any matter in respect of which the Director has any duties under section 2(1) of this Act, he may arrange for the publication, in such form and in such manner as he may consider appropriate, of such information and advice as it may appear to him to be expedient to give to consumers in the United Kingdom.

(2) In arranging for the publication of any such information or advice, the Director shall have regard to the need for excluding, so far as that is practicable,—

(a) any matter which relates to the private affairs of an individual, where the publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that individual, and

(b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Director, seriously and prejudicially affect the interests of that body.

(3) Without prejudice to the exercise of his powers under subsection (1) of this section, it shall be the duty of the Director to encourage relevant associations to prepare, and to disseminate to their members, codes of practice for guidance in safeguarding and promoting the interests of consumers in the United Kingdom.

(4) In this section “relevant association” means any association (whether incorporated or not) whose membership consists wholly or mainly of persons engaged in the production or supply of goods or in the supply of services or of persons employed by or representing persons so engaged and whose objects or activities include the promotion of the interests of persons so engaged.

Modifications etc. (not altering text)

C1 s. 124 restricted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 24(1)

S. 124 restricted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 15(1)

S. 124 restricted (1.2.2001) by 2000 c. 38, s. 90(6) (with s. 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

S. 124 restricted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 45(1)

S. 124 restricted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 48(3)

S. 124(1) restricted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 57(1), Sch. 5 para. 45

S. 124 restricted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 51(3); S.R. 1992/117, art.3(1)

S. 124 restricted (E.W.S.) (1.4.1994) by 1993 c. 43, s. 71(3); S.I. 1994/571, art. 5

125 Annual and other reports of Director. U.K.

(1) The Director shall, as soon as practicable after the end of the year 1974 and of each subsequent calendar year, make to the Secretary of State a report on his activities, and the activities of the Advisory Committee and of the Commission, during that year.

(2) Every such report shall include a general survey of developments, during the year to which it relates, in respect of matters falling within the scope of the Director’s duties under any enactment (including any enactment contained in this Act, other than this section) [F1 and shall set out any directions given to the Director under section 2(2) of the M1 Consumer Credit Act 1974 during that year].

(3) The Secretary of State shall lay a copy of every report made by the Director under subsection (1) of this section before each House of Parliament, and shall arrange for every such report to be published in such manner as he may consider appropriate.

(4) The Director may also prepare such other reports as appear to him to be expedient with respect to such matters as are mentioned in subsection (2) of this section, and may arrange for any such report to be published in such manner as he may consider appropriate.

(5) In making any report under this Act the Director shall have regard to the need for excluding, so far as that is practicable, any such matter as is specified in paragraph (a) or paragraph (b) of section 124(2) of this Act.

(6) For the purposes of this section any period between the commencement of this Act and the end of the year 1973 shall be treated as included in the year 1974.

Textual Amendments

F1 Words inserted by Consumer Credit Act 1974 (c. 39), s. 5

Modifications etc. (not altering text)

C2 S. 125(1) excluded by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 57(2), Sch. 5 para. 45

S. 125(1) excluded by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 15(2)

S. 125(1) excluded (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 45(2)

S. 125(1) excluded (20.12.2000) by 2000 c. 27, s. 5(9); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)

S. 125(1) excluded (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 50(6)

S. 125(1) excluded (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 24(2)

S. 125(1) excluded (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 53(6); S.R. 1992/117, art.3(1)

S. 125(1) excluded (E.W.S.) (1.4.1994) by 1993 c. 43, s. 74(7); S.I. 1994/571, art. 5

C3 S. 125(1) excluded (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 24(2)

Marginal Citations

M1 1974 c. 39.

126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 S. 126 repealed by Patents Act 1977 (c. 37), Sch. 6

127 Additional power to make orders under Agricultural Marketing Act 1958. U.K.

The following section shall be inserted in the M2 Agricultural Marketing Act 1958 after section 19 :—

“19A (1) The provisions of this section shall have effect where a report made by the Monopolies and Mergers Commission under section 54 of the Fair Trading Act 1973, as laid before Parliament, contains conclusions to the effect—

(a) that certain matters indicated in the report operate, or may be expected to operate, against the public interest, and

(b) that those matters consist of or include any provision of a scheme or any act or omission of a board administering a scheme.

(2) In the circumstances mentioned in subsection (1) of this section, the Minister shall have the like power to make orders under section 19 of this Act as if those conclusions of the Monopolies and Mergers Commission—

(a) had been to the effect that the provision of the scheme in question, or the act or ommisssion of the board to which those conclusions relate, were contrary to the interest of consumers of the regulated product, and

(b) had been contained in a report of a committee of investigation.”

Modifications etc. (not altering text)

C4 The text of section 127 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.

Marginal Citations

M2 1958 c. 47.

128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 S. 128 repealed by Restrictive Trade Practices Act 1976 (c. 34), Sch. 6

F4 129 Time-limit for prosecutions. U.K.

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

(2) Notwithstanding anything in [F5 section 127(1) of the Magistrates’ Courts Act 1980], a magistrates’ court may try an information for an offence under this Act if the information was laid within twelve months from the commission of the offence.

(3) Notwithstanding anything in [F6 section 136 of the Criminal Procedure (Scotland) Act 1995], summary proceedings in Scotland for an offence under this Act may be commenced within twelve months from the commission of the offence, and [F6 subsection (3) of the said section 136] shall apply for the purposes of this subsection as it applies for the purposes of that section.

(4) In the application of this section to Northern Ireland, for the references in subsection (2) to [F7 section 127(1) of the Magistrates’ Courts Act 1980] and to the trial and laying of an information there shall be substituted respectively references to [F8 Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981] and to the hearing and determination and making of a complaint [F9 and as if in that subsection for the words “an offence under this Act” there were substituted the words “an offence under section 30(1) or 46(2) of this Act”].

Textual Amendments

F4 S. 129 applied (28.8.1996) by S.I. 1996/2199, reg. 26

F5 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 118

F6 Words in s. 129(3) substituted (S.) (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 9(a)(b)

F7 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 118

F8 Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 30

F9 Words added (22.6.1980) by S.I. 1980/704 (N.I. 6), Sch. 1 Pt. II para. 70

130 Notice to Director of intended prosecution. U.K.

(1) Where a local weights and measures authority in England or Wales proposes to institute proceedings for an offence under section 23 of this Act, or for an offence under the M3 Trade Descriptions Act 1968, other than an offence under section 28(5) or section 29 of that Act, [F10 or for an offence under any provision made by or under Part III of the Consumer Protection Act 1987,][F11 or for an offence under section 1 of, or paragraph 6 of the Schedule to, the Property Misdescriptions Act 1991,][F12 or for an offence under [F13 any of sections1A to 2 or 5B of the Timeshare Act 1992]] it shall, as between the authority and the Director, be the duty of the authority to give to the Director notice of the intended proceedings, together with a summary of the facts on which the charges are to be founded, and to postpone institution of the proceedings until either—

(a) twenty-eight days have elapsed since the giving of that notice, or

(b) the Director has notified the authority that he has received the notice and the summary of the facts.

(2) In relation to offences under the M4 Trade Descriptions Act 1968, the preceding subsection shall have effect subject to the transitional provisions having effect by virtue of section 139 of this Act.

Textual Amendments

F10 Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(1), Sch. 4 para. 3

F11 Words in s. 130(1) inserted by Property Misdescriptions Act 1991 (c. 29, SIF 124:4), s. 3, Sch. paras. 2(1)(2), 8.

F12 Words in s. 130(1) inserted (12.10.1992) by Timeshare Act 1992 (c. 35), s. 10, Sch. para. 2, 6; S.I. 1992/1941, art. 2

F13 Words in s. 130(1) substituted (29.4.1997) by S.I. 1997/1081, reg. 13(5)

Marginal Citations

M3 1968 c. 29.

M4 1968 c. 29.

131 Notification of convictions and judgments to Director. U.K.

(1) Where in any criminal proceedings a person is convicted of an offence by or before a court in the United Kingdom, or a judgment is given against a person in civil proceedings in any such court, and it appears to the court—

(a) having regard to the functions of the Director under Part III of this Act [F14 or under the M5 Estate Agents Act 1979], that it would be expedient for the conviction or judgment to be brought to his attention, and

(b) that it may not be brought to his attention unless arrangements for the purpose are made by the court,

the court may make arrangements for that purpose notwithstanding that the proceedings have been finally disposed of by the court.

(2) In this section “judgment” includes any order or decree, and any reference to the giving of a judgment shall be construed accordingly.

Textual Amendments

F14 Words inserted by Estate Agents Act 1979 (c. 38), ss. 9(5), 36(2)

Marginal Citations

M5 1979 c. 38.

132 Offences by bodies corporate. U.K.

(1) Where an offence under section 23, section 46, section 85(6) [F15 section 93B] or Part XI of this Act, which has been 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 shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) of this section shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Textual Amendments

F15 Words inserted by Companies Act 1989 (c. 40, SIF 27), s. 153, Sch. 20 para. 17

Modifications etc. (not altering text)

C5 S. 132 applied (with modifications) (28.8.1996) by S.I. 1996/2199, reg. 27

133 General restrictions on disclosure of information. U.K.

(1) Subject to subsections (2) to (4) of this section, no information with respect to any particular business which has been obtained under or by virtue of the provisions (other than Part II) of this Act. . . . F16 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.

(2) The preceding 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 [F17 the Director General of Telecommunications,][F18 the Director General of Gas Supply,][F19 the Civil Aviation Authority,][F20 the Director General of Water Services,][F21 the Director General of Electricity Supply,][F22 the Director General of Electricity Supply for Northern Ireland][F23 or the Director General of Gas for Northern Ireland][F24 the Rail Regulator][F25 the Authorised Conveyancing Practitioners Board, the Coal Authority], the Commission, the Secretary of State or any other Minister under this Act, [F26 the M6 Restrictive Trade Practices Act 1956 or the M7 Restrictive Trade Practices Act 1968] or [F27 the M8 Estate Agents Act 1979, or][F28 the M9 Competition Act 1980 [F17 or the Telecommunications Act 1984 [F29 or Chapter XIV of Part I of the Financial Services Act 1986],][F18 or the Gas Act 1986,][F19 or the Airports Act 1986,][F20 or the Water Act 1989,][F30 the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991)][F21 or the Electricity Act 1989,][F31 or the Electricity (Northern Ireland) Order 1992][F32 or Part IV of the Airports (Northern Ireland) Order 1994][F33 or the Broadcasting Act 1990,], or][F34 the Control of Misleading Advertisements Regulations 1988][or the Gas (Northern Ireland) Order 1996][F24 or the Railways Act 1993][F35 or the Coal Industry Act 1994][F36 or the Competition Act 1998][F37 or the EC Competition Law (Articles 88and 89) Enforcement Regulations1996]

(b) in pursuance of a Community obligation within the meaning of the M10 European Communities Act 1972.

(3) Subsection (1) of this section does not apply to any disclosure of information which is made for the purposes of any proceedings before the Restrictive Practices Court or of any other legal proceedings, whether civil or criminal, under this Act, [F38 the M11 Restrictive Trade Practices Act 1956 or the M12 Restrictive Trade Practices Act 1968][F39 or the Control of Misleading Advertisement Regulations 1988].

(4) Nothing in subsection (1) of this section shall be construed—

(a) as limiting the matters which may be included in, or made public as part of, a report of the Advisory Committee or of the Commission;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40 ; or

(c) as applying to any information which has been made public as part of such a report or as part of that register.

(5) Any person who discloses any information in contravention of this section shall be guilty of an offence and shall be 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.

(6) In this section references to this Act shall be construed as including references to any enactment repealed by this Act.

Textual Amendments

F16 Words repealed by Restrictive Trade Practices Act 1976 (c. 34), Sch. 6

F17 Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 57(3), Sch. 5 para. 45

F18 Words inserted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 15(3)

F19 Words inserted by Airports Act 1986 (c. 31, SIF 9), s. 83(1), Sch. 4 para. 3

F20 Words inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 45(3)

F21 Words inserted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 16(4)

F22 Words in s. 133(2)(a) inserted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 10(a); S.R. 1992/117, art. 3(1)

F23 Words in s. 133(2)(a) inserted (N.I.) (10.6.1996) by 1996/275 (N.I. 2), art. 71(1) (with Sch. 7 paras. 2, 3(2)), Sch. 6; SR. 1996/216, art. 2

F24 Words in s. 133(2)(a) inserted (6.1.1994) by 1993 c. 43, ss. 150(1)(a), 152(1), Sch. 12 para. 7; S.I. 1993/3237, art. 2(2).

F25 Words in s.133(2)(a) substituted for the words “or the Authorised Conveyancing Practitioners Board” (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 14(a); S.I. 1994/2553, art. 2

F26 Words substituted by Restrictive Trade Practices Act 1976 (c. 34, SIF 124:1), s. 44, Sch. 5

F27 Words added by Estate Agents Act 1979 (c. 38, SIF 124:4), s. 10(4)(a)

F28 Words added by Competition Act 1980 (c. 21, SIF 124:1), s. 19(4)(c)

F29 Words inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 182, Sch. 13 para. 1

F30 Words in s. 133(2)(a) inserted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 24(3)

F31 Words in s. 133(2)(a) inserted (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 95(1), Sch. 12 para. 10(b); S.R. 1992/117, art. 3(1)

F32 Words in s. 133(2)(a) inserted (N.I.) (1.9.1995) by S.I. 1994/426 (N.I. 1), art. 71(2), Sch. 9 para. 2; S.R. 1995/294, art. 2, Sch.

F33 Words inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 20

F34 Words inserted by S.I. 1988/915, art. 7(6)(a)(i)

F35 Words in s. 133(2)(a) inserted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 14(b) (with s. 40(7)); S.I. 1994/2553, art. 2

F36 Words inserted in s. 133(2)(a) (11.1.1999) by 1998 c. 41, s. 74(1), Sch. 12 para. 1(14) (with s. 73); S.I. 1999/3166, art. 2, Sch.

F37 Words inserted in s. 133(2)(a) (28.8.1996) by S.I. 1996/2199, reg. 29(1)

F38 Words substituted by Restrictive Trade Practices Act 1976 (c. 34), Sch. 5

F39 Words inserted by S.I. 1988/915, art. 7(6)(a)(ii)

F40 S. 133(4)(b) repealed by Restrictive Trade Practices Act 1976 (c. 34), Sch. 6

Modifications etc. (not altering text)

C6 S. 133 amended (E.W.S.) (1.3.1996) by 1986 c. 44, s. 36A(2) (as inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 43; S.I. 1996/218, art. 2)

s. 133 amended (10.6.1996) by S.I. 1996/275, art. 23(2) (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

C7 "That register" means register under Restrictive Trade Practices Act 1976 (c. 34)

S. 133 modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 50(2)

S. 133 modified (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 28(2)

S. 133 modified (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 43(2)

S. 133 extended by S.I. 1990/1715, reg. 4

S. 133(1) excluded by Broadcasting Act 1990 (c. 42, SIF 96), s. 197(5)(a)

S. 133 amended (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 31(4)(b), 35(4), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6)

S. 133 modified (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 46(2); S.R. 1992/117, art. 3(1)

S. 133 amended (E.W.S.) (1.4.1994) by 1993 c. 43, s. 67(2)(4); S.I. 1994/571, art. 5

Marginal Citations

M6 1956 c. 68.

M7 1968 c. 66.

M8 1979 c. 38(124:4).

M9 1980 c. 21(124:1).

M10 1972 c. 68.

M11 1956 c. 68.

M12 1968 c. 66.

134 Provisions as to orders. U.K.

(1) Any statutory instrument whereby any order is made under any of the preceding provisions of this Act, other than a provision which requires a draft of the order to be laid before Parliament before making the order, or whereby any regulations are made under this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Any power conferred by any provision of this Act to make an order by statutory instrument shall include power to revoke or vary the order by a subsequent order made under that provision.

135 Financial provisions. U.K.

(1) The Secretary of State shall pay all remuneration, allowances or other sums payable under this Act to or in respect of persons who are or have been members of the Advisory Committee F41 . . ., and shall defray—

F42 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) to such amount as the Secretary of State with the approval of the Minister for the Civil Service may determine, all other expenses duly incurred by the Advisory Committee F41 . . .

(2) There shall be defrayed out of moneys provided by Parliament—

(a) all expenses incurred by the Secretary of State in consequence of the provisions of this Act;

(b) any expenses incurred in consequence of those provisions by any other Minister of the Crown or government department, not being a [F43 Northern Ireland department];

(c) the remuneration of, and any travelling or other allowances payable under this Act to, the Director and any staff of the Director, any other sums payable under this Act to or in respect of the Director, and any expenses duly incurred by the Director or by any of his staff in consequence of the provisions [F44 of this or any other Act];

(d) any increase attributable to this Act in the sums payable out of moneys so provided under the M13 Superannuation Act 1972.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F41 Words in s. 135(1) repealed (1.4.1999) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 1(15)(a), Sch. 14 Pt. I (with s. 73); S.I. 1999/505, art. 2, Sch. 2

F42 S. 135(1)(a) repealed (1.4.1999) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 1(15)(b), Sch. 14 Pt. I (with s. 73); S.I. 1999/505, art. 2, Sch. 2

F43 Words substituted by virtue of Northern Ireland Act 1974 (c. 28), Sch. 1 para. 2(1)(b)(4)

F44 Words substituted (4.4.1980) by Competition Act 1980 (c. 21), s. 32(2)

F45 S. 135(3) repealed by S.I. 1973/2163, Sch. 6

Marginal Citations

M13 1972 c. 11.

136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46 U.K.

Textual Amendments

F46 S. 136 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIII

137 General interpretation provisions. U.K.

(1) In this Act—

• “the Act of 1948” means the M14 Monopolies and Restrictive Practices (Inquiry and Control) Act 1948;

• [F47 “the Act of 1976” means the M15 Restrictive Trade Practices Act 1976];

• . . . . F48

• “the Act of 1965” means the M16 Monopolies and Mergers Act 1965;

• . . . . F49

• “assignment”, in relation to Scotland, means assignation;

• “contract of employment” means a contract of service or of apprenticeship, whether it is express or implied, and (if it is express) whether it is oral or in writing;

• “scale” (where the reference is to the scale on which any services are, or are to be, made available, supplied or obtained) means scale measured in terms of money or money’s worth or in any other manner.

(2) Except in so far as the context otherwise requires, in this Act, . . . F50 the following expressions have the meanings hereby assigned to them respectively, that is to say—

• “the Advisory Committee” means the Consumer Protection Advisory Committee;

• “agreement” means any agreement or arrangement, in whatever way and in whatever form it is made, and whether it is, or is intended to be, legally enforceable or not;

• “business” includes a professional practice and includes any other undertaking which is carried on for gain or reward or which is an undertaking in the course of which goods or services are supplied otherwise than free of charge;

• “commercial activities in the United Kingdom” means any of the following, that is to say, the production and supply of goods in the United Kingdom, the supply of services in the United Kingdom and the export of goods from the United Kingdom;

• “the Commission” means the [F51 Competition] Commission;

• “complex monopoly situation” has the meaning assigned to it by section 11 of this Act;

• “consumer” (subject to subsection (6) of this section) means any person who is either—

  (a)

  a person to whom goods are or are sought to be supplied (whether by way of sale or otherwise) in the course of a business carried on by the person supplying or seeking to supply them, or

  (b)

  a person for whom services are or are sought to be supplied in the course of a business carried on by the person supplying or seeking to supply them,

  and who does not receive or seek to receive the goods or services in the course of a business carried on by him;

• “the Director” means the Director General of Fair Trading;

• “enactment” includes an enactment of the Parliament of Northern Ireland;

• “goods” includes buildings and other structures, and also includes ships, aircraft and hovercraft, . . . F52 ;

• “group” (where the reference is to a group of persons fulfilling specified conditions, other than the condition of being interconnected bodies corporate) means any two or more persons fulfilling those conditions, whether apart from fulfilling them they would be regarded as constituting a group or not;

• “merger reference” has the meaning assigned to it by section 5(3) of this Act;

• “merger situation qualifying for investigation” has the meaning assigned to it by section 64(8) of this Act;

• “Minister” includes a government department but shall not by virtue of this provision be taken to include the establishment consisting of the Director and his staff, and, except where the contrary is expressly provided, does not include any [F53 Northern Ireland department];

• “monopoly reference” and “monopoly situation” have the meanings assigned to them by section 5(3) of this Act;

• “newspaper merger reference” has the meaning assigned to it by section 59(3) of this Act;

• “practice” means any practice, whether adopted in pursuance of an agreement or otherwise;

• “price” includes any charge or fee, by whatever name called;

• “produce”, in relation to the production of minerals or other substances, includes getting them, and, in relation to the production of animals or fish, includes taking them;

• “supply”, in relation to the supply of goods, includes supply by way of sale, lease, hire or hire-purchase, and, in relation to buildings or other structures, includes the construction of them by a person for another person;

• “uncompetitive practices” means practices having the effect of preventing, restricting or distorting competition in connection with any commercial activities in the United Kingdom;

• “worker” (subject to subsection (7) of this section) has the meaning assigned to it by [F54 section 30 of the M17 Trade Union and Labour Relations Act 1974].

(3) In the provisions of this Act . . . F50 “the supply of services” does not include the rendering of any services under a contract of employment but, . . . F50 ,—

(a) includes the undertaking and performance for gain or reward of engagements (whether professional or other) for any matter other than the supply of goods, and

(b) includes both the rendering of services to order and the provision of services by making them available to potential users [F55 , and

(c) includes the making of arrangements for a person to put or keep on land a caravan (within the meaning of Part I of the M18 Caravan Sites and Control of Development Act 1960) other than arrangments by virtue of which the person may occupy the caravan as his only or main residence][F56 and

(d includes the making of arrangements for the use by public service vehicles (within the meaning of the Public Passenger Vehicles Act 1981) of a parking place which is used as a point at which passengers on services provided by means of such vehicles may be taken up or set down.][F57 and

(e) includes the making of arrangements permitting use of the tunnel system (within the meaning of the Channel Tunnel Act 1987) by a person operating services for the carriage of passengers or goods by rail.][F58 and

(f) includes the making of arrangements, by means of such an agreement as is mentioned in section 189(2) of the Broadcasting Act 1990, for the sharing of the use of any telecommunication apparatus (within the meaning of Schedule 2 to the Telecommunications Act 1984).][F59 and

(g) includes the supply of network services and station services, within the meaning of Part I of the Railways Act 1993;]

and any reference in those provisions to services supplied or to be supplied, or to services provided or to be provided, shall be construed accordingly.

[F60 (3A) The Secretary of State may by order made by statutory instrument—

(a) provide that “the supply of services” in the provisions of this Act is to include, or to cease to include, any activity specified in the order which consists in, or in making arrangements in connection with, permitting the use of land; and

(b) for that purpose, amend or repeal any of paragraphs (c), (d), (e) or (g) of subsection (3) above.

(3B) No order under subsection (3A) above is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

(3C) The provisions of Schedule 9 to this Act apply in the case of a draft of any such order as they apply in the case of a draft of an order to which section 91(1) above applies.]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

(5) For the purposes of the provisions of this Act . . . F50 , any two bodies corporate are to be treated as interconnected if one of them is a body corporate of which the other is a subsidiary (within the meaning of [F62 section 736 of the Companies Act 1985]) or if both of them are subsidiaries (within the meaning of that section) of one and the same body corporate; and in those provisions “interconnected bodies corporate” shall be construed accordingly, and “group of interconnected bodies corporate” means a group consisting of two or more bodies corporate all of whom are interconnected with each other.

(6) For the purposes of the application of any provision of this Act in relation to goods or services of a particular description or to which a particular practice applies, “consumers” means persons who are consumers (as defined by subsection (2) of this section) in relation to goods or services of that description or in relation to goods or services to which that practice applies.

(7) For the purposes of the application of this Act to Northern Ireland, the definition of “worker” in subsection (2) of this section shall apply as if [F54 the M19 Trade Union and Industrial Relations Act 1974] extended to Northern Ireland but, in [F54 section 30(2)(a)] of that Act, references to general medical services, pharmaceutical services, general dental services or general ophthalmic services provided under the enactments mentioned in that subsection were references to the corresponding services provided in Northern Ireland under the corresponding enactments there in force.

(8) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

Textual Amendments

F47 Words substituted by Restrictive Trade Practices Act 1976 (c. 34), Sch. 5

F48 Definition repealed by Resale Prices Act 1976 (c. 53), Sch. 3 Pt. I

F49 Definition repealed by Restrictive Trade Practices Act 1976 (c. 34), Sch. 6

F50 Words repealed by Restrictive Trade Practices Act 1976 (c. 34), Sch. 6

F51 Definition in s. 137(2) substituted (1.4.1999) by S.I. 1999/506, art. 14

F52 Words repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18

F53 Words substituted by virtue of Northern Ireland Act 1974 (c. 28), Sch. 1 para. 2(1)(b)(4)

F54 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F55 Word and s. 137(3)(c) inserted (4.4.1980) by Competition Act 1980 (c. 21), s. 23

F56 S. 137(3)(d) added by Transport Act 1985 (c. 67, SIF 126), s. 116(1)

F57 S. 137(3)(e) added by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 33(10)

F58 S. 137(3)(f) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 192(1)

F59 Words in s. 137(3) inserted (1.4.1994) by 1993 c. 43, s. 66(4); S.I. 1994/571, art. 5

F60 S. 137(3A)-(3C) inserted (1.4.1999) by 1998 c. 41, s. 68 (with s. 73); S.I. 1999/505, art. 2, Sch. 2

F61 S. 137(4) repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18

F62 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

Modifications etc. (not altering text)

C8 Reference to enactment of Parliament of Northern Ireland to be construed as including reference to Measure of Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1(1)(2)

Marginal Citations

M14 1948 c. 66.

M15 1976 c. 34.

M16 1965 c. 50.

M17 1974 c. 52.

M18 1960 c. 62.

M19 1974 c. 52.

138 Supplementary interpretation provisions. U.K.

(1) This section applies to the following provisions of this Act, that is to say, section 2(4), Parts II and III, section 137(6), and the definition of “consumer” contained in section 137(2).

(2) For the purposes of any provisions to which this section applies it is immaterial whether any person supplying goods or services has a place of business in the United Kingdom or not.

(3) For the purposes of any provisions to which this section applies any goods or services supplied wholly or partly outside the United Kingdom, if they are supplied in accordance with arrangements made in the United Kingdom, whether made orally or by one or more documents delivered in the United Kingdom or by correspondence posted from and to addresses in the United Kingdom, shall be treated as goods supplied to, or services supplied for, persons in the United Kingdom.

(4) In relation to the supply of goods under a hire-purchase agreement, a credit-sale agreement or a conditional sale agreement, the person conducting any antecedent negotiations, as well as the owner or seller, shall for the purposes of any provisions to which this section applies be treated as a person supplying or seeking to supply the goods.

[F63 (5) In subsection (4) of this section, the following expressions have the meanings given by, or referred to in, section 189 of the M20 Consumer Credit Act 1974—

• “antecedent negotiations”,

• “conditional sale agreement”,

• “credit-sale agreement”,

• “hire-purchase agreement”.]

(6) In any provisions to which this section applies—

(a) any reference to a person to or for whom goods or services are supplied shall be construed as including a reference to any guarantor of such a person, and

(b) any reference to the terms or conditions on or subject to which goods or services are supplied shall be construed as including a reference to the terms or conditions on or subject to which any person undertakes to act as such a guarantor;

and in this subsection “guarantor”, in relation to a person to or for whom goods or services are supplied, includes a person who undertakes to indemnify the supplier of the goods or services against any loss which he may incur in respect of the supply of the goods or services to or for that person.

(7) For the purposes of any provisions to which this section applies goods or services supplied by a person carrying on a business shall be taken to be supplied in the course of that business if payment for the supply of the goods or services is made or (whether under a contract or by virtue of an enactment or otherwise) is required to be made.

Textual Amendments

F63 S. 138(5) substituted by Consumer Credit Act 1974 (c. 39, SIF 60), s. 192(4), Sch. 4 Pt. I para. 37

Marginal Citations

M20 1974 c. 39.

139 Amendments, repeals and transitional provisions. U.K.

(1) Subject to the transitional provisions and savings contained in Schedule 11 to this Act—

(a) the enactments specified in Schedule 12 to this Act shall have effect subject to the amendments specified in that Schedule (being minor amendments or amendments consequential upon the preceding provisions of this Act), and

(b) the enactments specified in Schedule 13 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) The provisions of Schedule 11 to this Act shall have effect for the purposes of this Act.

140 †Short title, citation, commencement and extent. U.K.

(1) This Act may be cited as the Fair Trading Act 1973.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

(3) This Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint; and different dates may be so appointed for, or for different purposes of, any one or more of the provisions of this Act (including, in the case of section 139 of this Act, the amendment or repeal of different enactments specified in Schedule 12 or Schedule 13 to this Act or of different provisions of any enactment so specified).

(4) Where any provision of this Act, other than a provision contained in Schedule 11, refers to the commencement of this Act, it shall be construed as referring to the day appointed under this section for the coming into operation of that provision.

(5) This Act extends to Northern Ireland.

Textual Amendments

F64 S. 140(2) repealed by Restrictive Trade Practices Act 1976 (c. 34), Sch. 6

Modifications etc. (not altering text)

C9 Unreliable marginal note.

C10 Power of appointment conferred by s. 140(3) fully exercised.