The Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Amendment Order 1991

Statutory Instruments

1991 No. 88

ELECTRICITY

The Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Amendment Order 1991

Made

21st January 1991

Laid before Parliament

22nd January 1991

Coming into force

19th February 1991

The Secretary of State for Trade and Industry, in exercise of the powers conferred on him by section 100(2)(b) of the Electricity Act 1989(1) and after consultation with the Director General of Electricity Supply and the Director General of Fair Trading,(2) hereby makes the following Order:—

Citation and comm

1.  This Order may be cited as the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Amendment Order 1991 and shall come into force on 19th February 1991.

Amendment of the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) (No. 2) Order 1990

2.  In paragraph 49(2) in Part II of the Schedule to the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) (No. 2) Order 1990(3) (descriptions of agreements exempt from the Restrictive Trade Practices Act 1976),(4) the word “either” is omitted and there is inserted after paragraph (a)—

“(aa) it is in, or is substantially in, the form of agreement specified in Schedule 3 to the Master Agreement; or

(ab) it is in, or is substantially in, a standard form of agreement other than that referred to in sub-paragraph (2)(aa) above—

(i) of which a copy is provided to the Department not less than 21 days before the date on which the agreement is made, and

(ii) in respect of which the Department does not, within 21 days of the provision of the copy, give notice of objection to the party providing it; or”.

Amendment of the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) (No. 3) Order 1990

3.  The following amendments are made to Part II of the Schedule to the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) (No. 3) Order 1990(5) (descriptions of agreements exempt from the Restrictive Trade Practices Act 1976)—

(a) in paragraph 69(2), the word “either”is omitted and there is inserted after paragraph (a)—

“(aa) it is in, or is substantially in, the form of a greement specified in Schedule 3 to the agreement specified in paragraph 1 in Part I of this Schedule; or

(ab) it is in, or is substantially in, a standard form of agreement other than that referred to in sub-paragraph(2)(aa) above—

(i) of which a copy is provided to the Department not less than 21 days before the date on which the agreement is made, and

(ii) in respect of which the Department does not, within 21 days of the provision of the copy, give notice of objection to the party providing it; or”;

(b) in paragraph 71(2), the word “either”is omitted and there is inserted after paragraph (a)—

“(aa) it is in, or is substantially in, the form of a greement specified in Schedule 3 to the agreement specified in paragraph 2 in Part I of this Schedule; or

(ab) it is in, or is substantially in, a standard form of agreement other than that referred to in sub-paragraph (2)(aa) above—

(i) of which a copy is provided to the Department not less than 21 days before the date on which the agreement is made, and

(ii) in respect of which the Department does not, within 21 days of the provision of the copy, give notice of objection to the party providing it; or”; and

(c) in paragraph 72(2), the word “either”is omitted and there is inserted after paragraph (a)—

“(aa) it is in, or is substantially in, the form of a greement specified in Schedule 2 to the agreement specified in paragraph 3 in Part I of this Schedule; or

(ab) it is in, or is substantially in, a standard form of agreement other than that referred to in sub-paragraph (2)(aa) above—

(i) of which a copy is provided to the Department not less than 21 days before the date on which the agreement is made, and

(ii) in respect of which the Department does not, within 21 days of the provision of the copy, give notice of objection to the party providing it; or”.

John Redwood

Minister of State,

Department of Trade and Industry

21st January 1991

Explanatory Note

(This note is not part of the Order)

The Order amends the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) (No. 2) Order 1990 (S.I. 1990/1319) and the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) (No. 3) Order 1990 (S.I. 1990/1490) by modifying the conditions applicable in relation to certain descriptions of agreements specified in Part II of the Schedule to each of those Orders.

(1)

1989 c. 29.

(2)

See section 100(3) of the Electricity Act 1989.

(3)

S.I. 1990/1319.

(4)

1976 c. 34.

(5)

S.I. 1990/1490.