2005 No. 3098

COMPETITION

The Films (Exclusivity Agreements) (Revocation) Order 2005

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Order in exercise of the powers conferred on him by sections 56(2), 90(2) and (4) and 134(2) of, and paragraphs 1 and 2 of Schedule 8 to, the Fair Trading Act 19731.

In accordance with section 91(2) of that Act2 the then Secretary of State published a notice on 3rd December 2004 stating her intention to make this Order, indicating the nature of the provisions to be embodied in it and stating that any person whose interests were likely to be affected by it and who was desirous of making representations in respect of it should do so in writing before 21st January 2005 and the Secretary of State has considered the representations received.

Citation and Commencement1

This Order may be cited as The Films (Exclusivity Agreements) (Revocation) Order 2005 and shall commence on 1st December 2005.

Revocation2

The Films (Exclusivity Agreements) Order 19893 is revoked.

Gerry SutcliffeParliamentary Under Secretary of State for Employment Relations and Consumer AffairsDepartment of Trade and Industry

(This note is not part of the Order)

This Order revokes the Films (Exclusivity Agreements) Order 1989 (“the 1989 Order”) which makes it unlawful for supply agreements between distributors and exhibitors to include exclusivity terms applying to more than one film or for exhibitors not to exhibit a film on the basis that exclusivity terms for other films had not been agreed.

Copies of the report of the Monopolies and Mergers Commission upon which the 1989 Order is based (Cmnd. 8858) may be obtained from The Competition Commission at http://www.competition-commission.org.uk/rep_pub/reports/1983/165films.htm.

A regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.