SCHEDULES

SCHEDULE 13 Transitional Provisions and Savings

Part IV On and After the Starting Date

Chapter I General

Duty of Director to maintain register etc.

I110

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This paragraph applies even though the relevant provisions of the RTPA are repealed by this Act.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

c

as at the starting date no entry or filing has been made in the register in respect of the agreement.

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;

c

the Court of Session;

d

the High Court or Court of Appeal in Northern Ireland; or

F1e

the Supreme Court.