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This paragraph applies even though the relevant provisions of the RTPA are repealed by this Act.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