Competition Act 1998

8(1)Rules may make provision—

(a)for the carrying-out by the tribunal of a preliminary consideration of proceedings (a “pre-hearing review”); and

(b)for enabling such powers to be exercised in connection with a pre-hearing review as may be specified.

(2)If rules make provision of the kind mentioned in sub-paragraph (1), they may also include—

(a)provision for security; and

(b)supplemental provision.

(3)In sub-paragraph (2) “provision for security” means provision authorising a tribunal carrying out a pre-hearing review under the rules, in specified circumstances, to make an order requiring a party to the proceedings, if he wishes to continue to participate in them, to pay a deposit of an amount not exceeding such sum—

(a)as may be specified; or

(b)as may be calculated in accordance with specified provisions.

(4)In sub-paragraph (2) “supplemental provision” means any provision as to—

(a)the manner in which the amount of such a deposit is to be determined;

(b)the consequences of non-payment of such a deposit; and

(c)the circumstances in which any such deposit, or any part of it, may be—

(i)refunded to the person who paid it; or

(ii)paid to another party to the proceedings.