The Supply of Beer (Loan Ties, Licensed Premises and Wholesale Prices) (Revocation) Order 2003

Statutory Instruments

2003 No. 52

COMPETITION

The Supply of Beer (Loan Ties, Licensed Premises and Wholesale Prices) (Revocation) Order 2003

Made

15th January 2003

Laid before Parliament

16th January 2003

Coming into force

10th February 2003

Whereas the Secretary of State, in accordance with section 91(2) of the Fair Trading Act 1973(1), published on 17th and 23rd May 2002 a notice 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 5th July 2002;

And whereas the Secretary of State has considered the representations made to her in accordance with that notice:

Now, therefore, the Secretary of State, being the appropriate Minister within the meaning of section 56 of the said Act, in exercise of the powers conferred on her by sections 56(2), 90(2), (3) and (4) and 134(2) of, and paragraphs 1, 2, 4, 8 and 9 of Schedule 8 to, the said Act, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Supply of Beer (Loan Ties, Licensed Premises and Wholesale Prices) (Revocation) Order 2003 and shall come into force on 10th February 2003.

Revocation

2.  The Supply of Beer (Loan Ties, Licensed Premises and Wholesale Prices) Order 1989(2) is hereby revoked.

Melanie Johnson,

Parliamentary Under-Secretary of State for Competition, Consumers and Markets,

Department of Trade and Industry

15th January 2003

Explanatory Note

(This note is not part of the Order)

This Order revokes the Supply of Beer (Loan Ties, Licensed Premises and Wholesale Prices) Order 1989 which provides that where a brewer makes a loan or gives other financial assistance in return for a tie to his products, the recipient of the loan must be able to repay it, or make whatever other payment may be due upon giving not more than three months' notice, and the tie must then cease.

The 1989 Order also prohibits brewers from imposing any prohibition on the use of the premises as licensed premises when they dispose of them, requires brewers to publish wholesale price lists for beer and not charge higher prices, requires discounts for collection to be shown and prohibits brewers from withholding wholesale beer supplies except where there are reasonable doubts about credit-worthiness, the return of containers or the handling or keeping of beer.

(1)

1973 c. 41.

(2)

S.I. 1989/2258.