The Restrictive Trade Practices (Non-notifiable Agreements) (Turnover Threshold) Order 1996

Article 2

SCHEDULE

1.  “Relevant period” means in relation to any particular person—

(a) where that person has, within the two years ending immediately before the date on which the agreement in question was made, completed an accounting period of more than six months, the last such period so completed, or

(b) where that person has not completed such a period but has, within the six months ending immediately before the date on which the agreement in question was made, completed an accounting period of six months or less, so much of the period of twelve months ending on the last day of the last such period to be completed as during which that person was carrying on a business of supplying goods or services in the United Kingdom or otherwise carrying on business in the United Kingdom, or

(c) in any other case, so much of the period of twelve months ending immediately before the date on which the agreement in question was made as during which that person was carrying on a business of supplying goods or services in the United Kingdom or otherwise carrying on business in the United Kingdom.

2.  “Turnover in the United Kingdom” during any particular period means the total amount charged for the supply of goods and services in the United Kingdom during that period in the ordinary course of a person’s business, after deduction—

(a) of trade discounts, rebates and other allowances;

(b) of Value Added Tax and other taxes related directly to turnover; and

(c) of any amount charged for any such supply where both the person supplying the goods or services and the person to whom they were supplied were members of one and the same group of interconnected bodies corporate at the time of the supply:

Provided that in a case in which the total amount of revenue receivable by a person during any particular period in the ordinary course of his business in the United Kingdom, after deduction—

(i) of amounts receivable in respect of the supply by him of goods or services;

(ii) of trade discounts, rebates and other allowances;

(iii) of Value Added Tax and other taxes directly related to turnover; and

(iv) of any amount receivable from any other person where both he and that other person were members of one and the same group of interconnected bodies corporate when payment fell due,

equals one third or more of the total amount charged for the supply of goods and services in the United Kingdom during the said period in the ordinary course of his business, after the deductions mentioned in sub-paragraphs (a), (b) and (c) above, “turnover in the United Kingdom”during that period means the aggregate of the two said total amounts after the above mentioned respective deductions.