Part IV

Supplemental and Transitional

Crown application.
73
1
Any provision made by or under this Act binds the Crown except that—
a
the Crown is not criminally liable as a result of any such provision;
b
the Crown is not liable for any penalty under any such provision; and
c
nothing in this Act affects Her Majesty in her private capacity.
2
Subsection (1)(a) does not affect the application of any provision of this Act in relation to persons in the public service of the Crown.
3
Subsection (1)(c) is to be interpreted as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
4
If an investigation is conducted under section 25
...
in respect of an agreement where none of the parties is the Crown or a person in the public service of the Crown, or in respect of conduct otherwise than by the Crown or such a person—
a
the power conferred by section 27
...
may not be exercised in relation to land which is occupied by a government department, or otherwise for purposes of the Crown, without the written consent of the appropriate person; and
b
sections 28 and 28A do not apply
in relation to land so occupied.
5
In any case in which consent is required under subsection (4), the person who is the appropriate person in relation to that case is to be determined in accordance with regulations made by the Secretary of State.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6A
In
subsection (4)
“agreement” includes a suspected agreement and is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice; and “conduct” includes suspected conduct.
7
In subsection (6) “
infringement
” means an infringement of
EU
law relating to Article 85 or 86 of the Treaty establishing the European Community.
8
If the Secretary of State certifies that it appears to him to be in the interests of national security that the powers of entry—
a
conferred by section 27 ..., or
b
that may be conferred by a warrant under section 28 or 28A,
should not be exercisable in relation to premises held or used by or on behalf of the Crown and which are specified in the certificate, those powers are not exercisable in relation to those premises.
9
Any amendment, repeal or revocation made by this Act binds the Crown to the extent that the enactment amended, repealed or revoked binds the Crown.
1947 c. 44.
S. 73(6A) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 46(4)
S. 73(4) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 46(2)
S. 73(7) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 46(5) (with reg. 6(2))
Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
Pt. IV modified (31.12.2020) by S.I. 2019/93, Sch. 4 para. 8C(3) (as inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(2))
Words in s. 73(4) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
S. 73(6) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(3); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 73(4)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 73(4)(b) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 73(6A) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(4); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 73(8)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 73(8)(b) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(5)(b); 2020 c. 1, Sch. 5 para. 1(1)