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41.—(1) The [1976 c. 34.] Restrictive Trade Practices Act 1976 shall not apply to any agreement which—
(a)contains provisions relating to, or to activities connected with—
(i)the introduction of gas into;
(ii)the taking of gas from; or
(iii)the use by any authorised person of,
a pipe-line system operated by the holder of a licence under Article 8(1)(a); and
(b)is specified, or is of a description specified, in an order made by the Department and satisfies such conditions as may be so specified.
(2) Before making an order under paragraph (1) the Department shall consult the Director and the Director General of Fair Trading.
(3) The conditions specified in an order under paragraph (1) may include conditions which refer any matter (which may be the general question whether the Act of 1976 should apply to a particular agreement) to the Department for determination after such consultation as may be so specified.
(4) In this Article “authorised person” means the holder of a licence or exemption.
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