The Competition Act 1998 (Transitional, Consequential and Supplemental Provisions) Order 2000

Fair Trading Act 1973

9.—(1) The Fair Trading Act 1973(1) is amended as follows.

(2) In section 82 (general provisions as to reports)–

(a) in subsection (3) for the words “Subject to the next following subsection, if” is substituted “If”;

(b) in subsection (3) paragraph (b) is repealed and the words “or” at the end of paragraph (a), “or of the Commission as the case may be” and “ or of the Commission” are repealed;

(c) for subsection (4) is substituted “If, on a reference to the Commission, other than a monopoly reference limited to the facts, a member of the group selected for the purpose pursuant to paragraph 15 of Schedule 7 to the Competition Act 1998 dissents from any conclusions contained in the report as being conclusions of the Commission, the report shall, if that member so desires, include a statement of his dissent and of his reasons for dissenting.”.

(3) In section 89 (interim order after report of Commission under section 54 or section 72) in subsection (1)(a) the words “and (ii) section 10 of the Competition Act 1980,” are repealed.

(4) In section 93A (enforcement of undertakings) in subsection (1) in paragraph (b) the word “, or” and paragraph (c) are repealed.

(5) In section 133 (general restrictions on disclosure of information) in subsections (2)(a) and (3) the words “the Restrictive Trade Practices Act 1956 or the Restrictive Trade Practices Act 1968” are repealed.

(6) In section 137 (general interpretation provisions) in subsection (1) the words “‘the Act of 1976’ means the Restrictive Trade Practices Act 1976;” are repealed.

(1)

1973 c. 41. Paragraph (a) of section 89(1) was substituted by section 153 of, and paragraph 15(1) and (4) of Schedule 20 to, the Companies Act 1989 (c. 40); section 93A was inserted by section 148 of the Companies Act 1989; in section 133(2)(a) the references to “the Restrictive Trade Practices Act 1956 and the Restrictive Trade Practices Act 1968” were inserted by section 44 of, and Schedule 5 to, the Restrictive Trade Practices Act 1976 (c. 34); section 133(3) was amended by section 44 of, and Schedule 5 to, the Restrictive Trade Practices Act 1976; and the definition in section 137(1) of “the Act of 1976” was substituted by section 44 of, and Schedule 5 to, the Restrictive Trade Practices Act 1976.