(1)Where two or more persons are specified under section 34 below as the nominated undertaker for the same purpose of the same provision, the Secretary of State may by order provide that the persons so specified and any body corporate which is a member of the same group as any of them shall be deemed to be members of one and the same group of interconnected bodies corporate for the purposes of the relevant monopoly provisions of the M1Fair Trading Act 1973 (“the 1973 Act”).
(2)Where the Secretary of State approves a scheduled works agreement for the purposes of section 29 of the M2Restrictive Trade Practices Act 1976, he may by order provide that, in relation to any relevant goods or services, such of the parties to the agreement as may be specified in the order and any body corporate which is a member of the same group as any of them shall be deemed for the purposes of the relevant monopoly provisions of the 1973 Act to be members of one and the same group of interconnected bodies corporate.
(3)In subsection (2) above, the reference to any relevant goods or services is to any goods or services which are—
(a)supplied in connection with the design, construction, financing, maintenance or operation of any of the scheduled works, and
(b)of a description specified in the order.
(4)For the purposes of subsections (1) and (2) above, the relevant monopoly provisions of the 1973 Act are sections 6(1)(b) (monopoly situation in relation to the supply of goods by or to members of one and the same group of interconnected companies) and 7(1)(b) (corresponding provision in relation to the supply of services).