The Competition Act 1998 (Definition of Appropriate Person) Regulations 1999

Made10th August 1999

Laid before Parliament11th August 1999

Coming into force1st March 2000

The Secretary of State in exercise of the powers conferred on him by sections 71 and 73(5) of the Competition Act 19981 hereby makes the following Regulations:

Citation and commencement1

These Regulations may be cited as the Competition Act 1998 (Definition of Appropriate Person) Regulations 1999 and shall come into force on 1st March 2000.

Definition of appropriate person2

For the purposes of section 73(4)(a) of the Competition Act 1998 “appropriate person” means–

a

in relation to any land which is occupied by a government department that department; and

b

in relation to any other land which is otherwise occupied for purposes of the Crown the person occupying the land for such purposes.

Kim HowellsParliamentary Under Secretary of State for Competition and Consumer Affairs,Department of Trade and Industry10th August 1999

(This note is not part of the Order)

Section 27 of the Competition Act 1998 provides powers of entry in investigating a suspected infringement of the Act’s two prohibitions. Section 73(4)(a) provides that, except where the suspected infringement is by the Crown or a person in the public service of the Crown, the written consent of the appropriate person is required for the exercise of the powers of entry where land is occupied by a government department, or otherwise for the purposes of the Crown. These Regulations determine who is the appropriate person.