Fair Trading Act 1973

Section 4.

SCHEDULE 3 U.K. The Monopolies and Mergers Commission

Part I U.K.

Status of Commission U.K.

1 Members of the Commission in their capacity as such shall not be regarded as servants or agents of the Crown or as enjoying any status, immunity or privilege of the Crown.

Tenure of office of regular members U.K.

2 (1) Subject to the following provisions of this paragraph, a regular member of the Commission shall hold and vacate office, as such in accordance with the terms of his appointment.

(2) A person shall not be appointed to be a regular member of the Commission for a term exceeding five years; but previous membership shall not affect eligibility for re-appointment.

(3) A regular member of the Commission may at any time resign his membership by notice in writing addressed to the Secretary of State.

(4) The Secretary of State may remove a regular member of the Commission on the ground of incapacity or misbehaviour.

Appointment and tenure of office of chairman and deputy chairmen U.K.

3 (1) There shall be a chairman of the Commission appointed from among the regular members by the Secretary of State; and the Secretary of State may appoint not more than three other regular members to be deputy chairmen.

(2) The chairman or a deputy chairman may at any time resign his office as such by notice in writing addressed to the Secretary of State.

(3) The Secretary of State may remove a chairman or deputy chairman of the Commission on the ground of incapacity or misbehaviour.

(4) If the chairman or a deputy chairman of the Commission ceases to be a regular member of the Commission, he shall also cease to be chairman or, as the case may be, a deputy chairman.

Staff U.K.

4 The Commission shall have a secretary, who shall be a person appointed by the Commission with the approval of the Secretary of State.

5 The Commission may appoint such other staff as the Commission think fit, subject to the approval of the Secretary of State and of the Minister for the Civil Service as to numbers and as to terms and conditions of service.

Remuneration and allowances U.K.

6 There shall be paid to the members of the Commission such remuneration, and such travelling and other allowances, as in the case of any of those members the Secretary of State may determine with the approval of the Minister for the Civil Service.

7 There shall be paid to the staff of the Commission such remuneration, and such travelling and other allowances, as the Commission may determine with the approval of the Secretary of State and of the Minister for the Civil Service.

General provisions as to sums payable on retirement or death of members U.K.

8 As regards any member of the Commission in whose case the Secretary of State may so determine with the approval of the Minister for the Civil Service, the Secretary of State shall pay such pension, allowance or gratuity to or in respect of him, or make such payments towards the provision of such a pension, allowance or gratuity, as may be so determined.

9 If, when any person ceases to be a member of the Commission, it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may pay him a sum by way of compensation of such amount as he may determine with the approval of the Minister for the Civil Service.

Part II U.K. Performance of Functions of Commission

Modifications etc. (not altering text)

C1 Pt. II extended (4.4.1980) by Competition Act 1980 (c. 21), s. 11(9) and extended ibid., ss. 7(6), 33(5)

C2 Power to modify Pt. II conferred (1.5.1980) by Competition Act 1980 (c. 21), s. 24

C3 Sch. 3 Pt. II applied with modifications by Telecommunications Act 1984 (c. 12, SIF 96), s. 13(9); (E.W.S.) by Airports Act 1986 (c. 31, SIF 9), s.44(3); (E.W.S.) by Gas Act 1986 (c. 44, SIF 44:2), ss. 24(7), 48(3)(4); (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 16(7)(8)(b)

C4 Sch. 3 Pt. II modified by Broadcasting Act 1990 (c. 42, SIF 96), s. 39, Sch. 4 para. 4(7)(b)

10 (1) If the chairman of the Commission so directs—

(a) the functions of the Commission in relation to any investigation under this Act, in so far as those functions have not been performed before the direction is given, or

(b) the functions of the Commission in relation to the making of a report required of them under Part VI of this Act,

shall be performed through a group of not less than [F1 three] regular members of the Commission selected by the chairman of the Commission [F2 or, where the functions to be performed through the group relate to a newspaper merger reference, not less than [F1 three] members, being, in that event, the additional members (if any) appointed by the Secretary of State under paragraph 22 of this Schedule for the purposes of the reference and such regular members of the Commission as the chairman may select.]

[F3 (1A) Where no direction has been made under sub-paragraph (1) hereof with respect to the investigation on a merger reference the chairman of the Commission may perform the functions of the Commission under section 75(5) of this Act in relation to that reference and anything done by or in relation to the chairman in, or in connection with, the performance of those functions shall have the same effect as if it had been done by or in relation to the Commission.]

(2) In the following provisions of this Part of this Schedule “group” means a group of members of the Commission selected under this paragraph, and “the chairman” (except where the reference is expressly to the chairman of a group) means the chairman of the Commission.

Textual Amendments

F1 Word substituted by S.I. 1989/122, art. 2(2)

F2 Words added by S.I. 1982/1889, art. 2(a)

F3 Sch. 3 para. 10(1A) inserted by S.I. 1989/122, art. 2(3)

Modifications etc. (not altering text)

C5 Sch. 3 para. 10 modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 13(10)

11 Where, after a direction under paragraph 10 of this Schedule has been given with respect to the investigations on a monopoly reference or on a merger reference, the reference is varied under section 52 of this Act or, in the case of a merger reference, under section 71 of this Act, the functions of the Commission in relation to those investigations shall be performed either through the group specified in that direction, or through another group, or by the Commission as a whole, as the chairman may direct.

12 The chairman may appoint one of the members of a group to act as chairman of the group.

13 (1) Where during the proceedings of a group—

(a) a member of the group ceases to be a member of the Commission, or

(b) the chairman is satisfied that a member of the group will be unable for a substantial period to perform his duties as a member of the group,

the chairman may appoint any member of the Commission to be a member of the group in his place.

(2) The chairman may also at any time appoint any member of the Commission to be an additional member of a group, whether the person so appointed was or was not a member of the Commission at the time when the group was originally selected.

14 (1) At the invitation of the chairman of a group, any member of the Commission who is not a member of the group may attend meetings or otherwise take part in the proceedings of the group, except that such a member shall not be entitled—

(a) to vote at any such meeting or in any such proceedings, or

(b) to have a statement of his dissent from a conclusion of the group included in a report made by them.

(2) Nothing in the preceding sub-paragraph shall be taken to prevent a group or a member of a group from consulting any member of the Commission with respect to any matter or question with which the group is concerned.

15 In determining their procedure, and in exercising any powers conferred on the Commission by this Act, a group shall comply with any special or general directions which may be given to them by the Commission, as well as with any directions given to the Commission by the Secretary of State.

16 (1) Subject to the next following sub-paragraph, anything done by or in relation to a group in, or in connection with, the performance of functions required by a direction under paragraph 10 or paragraph 11 of this Schedule to be performed by the group shall have the same effect as if it had been done by or in relation to the Commission.

(2) For the purposes of sections 56 and [F4 73] of this Act, . . . F5 and of section 19A of the M1 Agricultural Marketing Act 1958 [F6 and of Articles 23 and 42 of the Agricultural Marketing (Northern Ireland) Order 1982], a conclusion contained in a report of the Commission shall be disregarded if the report is made through a group and the conclusion is not that of at least two-thirds of the members of the group.

Textual Amendments

F4 Figures substituted by Companies Act 1989 (c. 40, SIF 27), s. 153, Sch. 20 para. 18(1)(2)

F5 Words repealed by Patents Act 1977 (c. 37), Sch. 6

F6 Words inserted by S.I. 1982/1080, (N.I. 12), art. 46(1), Sch. 8

Marginal Citations

M1 1958 c. 47.

17 The quorum necessary—

(a) for any meeting of the Commission held for the final settling of a report of the Commission shall be not less than two-thirds of the regular members of the Commission, and

(b) for any other meeting of the Commission shall be such as the Commission may from time to time determine.

18 The quorum necessary for a meeting of a group shall be such as the group may from time to time determine.

19 In the case of an equality of votes on any question at a meeting of the Commission or of a group the chairman, or the chairman of the group, as the case may be, shall have a second or casting vote.

20 At any time when the chairman is absent or otherwise incapable of acting, or there is a vacancy in the office of chairman,—

(a) such one of the deputy chairmen of the Commission as the Secretary of State may direct, or in default of any such direction such one of them as they may agree, or

(b) if there is only one deputy chairman of the Commission the deputy chairman,

may perform any of the functions of the chairman.

21 At any time when every person who is chairman or deputy chairman of the Commission is absent or otherwise incapable of acting, or there is no such person, such member of the Commission as the Secretary of State may direct, or in default of any such direction such member of the Commission as the Commission may agree, may perform any of the functions of the chairman.

22 For the purposes of a newspaper merger reference the Secretary of State may appoint [F7 one, two, or three]additional members of the Commission, from a panel maintained by the Secretary of State for the purpose of making such appointments; and if any functions of the Commission in relation to that reference are performed through a group, any additional members appointed under this paragraph for the purposes of the reference shall be members of the group in addition to the members selected by the chairman.

Textual Amendments

F7 Words substituted by S.I. 1982/1889, art. 2(b)