The Monopoly References (Alteration of Exclusions) Order 1994

Statutory Instruments

1994 No. 1922

MONOPOLIES AND MERGERS

The Monopoly References (Alteration of Exclusions) Order 1994

Made

14th July 1994

Laid before Parliament

19th July 1994

Coming into force

31st October 1994

The Secretary of State, in exercise of the powers conferred on him by section 50(5) of the Fair Trading Act 1973(1) (the “Act”), hereby makes the following Order:

1.  This Order may be cited as the Monopoly References (Alteration of Exclusions) Order 1994 and shall come into force on 31st October 1994.

2.  Paragraph 9 of Part II of Schedule 7 to the Act (goods and services partly excluded from section 50) is replaced by the following—

“9   Liquid cows' milk.

Supply (otherwise than in containers in which milk is put up for purposes of retail sale) under a scheme for the time being in force under either the Agricultural Marketing Act 1958 or the Agricultural Marketing (Northern Ireland) Order 1982.”

Neil Hamilton

Parliamentary Under Secretary of State for Corporate Affairs,

Department of Trade and Industry

14th July 1994

Explanatory Note

(This note is not part of the Order)

The Director General of Fair Trading (“DGFT”) is excluded under Part II of Schedule 7 to the Fair Trading Act 1973 from making monopoly references in respect of the supply of liquid cows' milk (except supply in containers for retail sale). This Order amends that exclusion so that the DGFT is excluded from making monopoly references in respect of the supply of liquid cows' milk under the milk marketing schemes having effect under the Agricultural Marketing Act 1958 or the Agricultural Marketing (Northern Ireland) Order 1982. Section 1 of the Agriculture Act 1993 provides for the schemes made under the Agricultural Marketing Act 1958 to be revoked. Article 4 of the Agriculture (Northern Ireland) Order 1993 provides for the scheme having effect under the Agricultural Marketing (Northern Ireland) Order 1982 to be revoked. The DGFT will therefore be able to make monopoly references in relation to the supply of liquid cows' milk to the extent that such supply is no longer taking place under such a scheme. The position with respect to supply of milk in containers for retail sale is unaffected.

(1)

1973 c. 41.