Competition Act 1998 (c. 41)

SCHEDULES

SCHEDULE 13 Transitional Provisions and Savings

Part V The Fair Trading Act 1973

Orders under Schedule 8

41 (1) In this paragraph—

• “the 1973 Act” means the [1973 c. 41.] Fair Trading Act 1973;

• “agreement” means an agreement entered into before the date on which the repeal of the limiting provisions comes into force;

• “the order” means an order under section 56 or 73 of the 1973 Act;

• “the limiting provisions” means sub-paragraph (1) or (2) of paragraph 3 of Schedule 8 to the 1973 Act (limit on power to make orders under paragraph 1 or 2 of that Schedule) and includes any provision of the order included because of either of those sub-paragraphs; and

• “transitional period” means the period which—

  (a)

  begins on the day on which the repeal of the limiting provisions comes into force; and

  (b)

  ends on the first anniversary of the starting date.

(2) Sub-paragraph (3) applies to any agreement to the extent to which it would have been unlawful (in accordance with the provisions of the order) but for the limiting provisions.

(3) As from the end of the transitional period, the order is to have effect in relation to the agreement as if the limiting provisions had never had effect.