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Resale Prices Act 1976

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This is the original version (as it was originally enacted).

21Supplementary provisions as to applications to the Court

(1)Rules made by virtue of section 9(1) of the Restrictive Practices Court Act 1976 in relation to an application under this Part of this Act shall include provisions—

(a)for enabling the Court, on the application of the Director or of any party interested, to give directions with respect to the goods to be included in or excluded from any application under this Part of this Act;

(b)for securing that retailers, and trade associations representing employees in the distributive trades, who—

(i)have an interest in any such application, and

(ii)have given notice to the Director within such time and in such manner as may be prescribed by the rules,

are entitled, whether in consequence of a representation order or otherwise, to be represented before the Court in the proceedings.

(2)Without prejudice to the generality of section 9(1) of the Restrictive Practices Court Act 1976, rules made under that subsection in relation to an application under this Part of this' Act may provide—

(a)for enabling a single application to be made to the Court in respect of a number of related classes of goods, or separate applications made in respect of related classes, to be heard together ;

(b)for enabling the Court to determine in a summary way any issue arising in relation to a class of goods where it appears to the Court that the class of goods and the circumstances of the case are substantially similar to the class of goods and circumstances considered in any previous proceedings before the Court;

(c)for enabling the Court to make an order for the payment by any party of costs in respect of proceedings in which he is guilty of unreasonable delay, or in respect of any improper, vexatious, prolix or unnecessary proceedings or any other unreasonable conduct on his part.

(3)The Court does not have power to order the payment of costs by any party to proceedings on an application under this Part of this Act, except—

(a)so far as may be the case under rules made as provided by subsection (2) above ;

(b)as is provided by subsection (4) below.

(4)The Court may order the payment by the Director of all or any of the following costs incurred by any other party—

(a)costs incurred on an application under section 16 above in respect of any issue determined in favour of that party, being an issue which in the Court's opinion substantially corresponds with an issue so determined in proceedings in respect of an agreement of which particulars are entered or filed in the register under the Restrictive Trade Practices Act 1976 (or under the Restrictive Trade Practices Act 1956) ;

(b)costs incurred on an application under section 17 above in respect of an issue determined in favour of that party.

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