The Competition Act 1998 (Consequential and Supplemental Provisions) Order 2000

Explanatory Note

(This note is not part of the Order)

This Order makes consequential and supplemental provisions in connection with the commencement on 1st March 2000 of the majority of the provisions of the Competition Act 1998 not previously commenced by the Competition Act 1998 (Commencement No. 5) Order 2000 (S.I. 2000/344).

Article 2 provides that the Director General of Fair Trading may in certain circumstances terminate the transitional period in respect of an agreement which is excluded from the Chapter I prohibition by virtue of any provisions of the Competition Act 1998 (Land and Vertical Agreements Exclusion) Order 2000 (S.I. 2000/310).

Articles 3 and 4 make consequential amendments by revoking entries for section 9(11) of the Agriculture Act 1967 in the Secretary of State for Trade and Industry Order 1970 and the Secretary of State (New Departments) Order 1974; section 9(11) of the Act of 1967 having been repealed by article 7 of the Competition Act 1998 (Transitional, Consequential and Supplemental Provisions) Order 2000.

Articles 5, 9, 15, 19 and 20 make consequential amendments by repealing or revoking entries for the Restrictive Trade Practices Act 1976 in the following Acts, Orders or Regulations: the Transfer of Functions (Wales) (No. 1) Order 1978, the Financial Services (Disclosure of Information) (Designated Authorities) (No. 6) Order 1989, the Banking Act 1987 (Exempt Transactions) Regulations 1997, the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 and the Greater London Authority Act 1999; the Act of 1976 having been repealed by section 1(b) of the Competition Act 1998. Article 9 also inserts an entry for the Competition Act 1998 into the 1989 Order.

Articles 6, 8, 10 to 14, 17 and 18 make consequential amendments by revoking entries for the Restrictive Trade Practices Act 1976 in the following Orders: the Restriction on Agreements and Conduct (Tour Operators) Order 1987, the Films (Exclusivity Agreements) Order 1989, the Supply of Beer (Loan Ties, Licensed Premises and Wholesale Prices) Order 1989, the Supply of Beer (Tied Estate) Order 1989, the Credit Cards (Merchant Acquisition) Order 1990, the Credit Cards (Price Discrimination) Order 1990, the Electrical Contracting (London Exhibition Halls) Order 1995, the Restriction on Agreements and Conduct (Specified Domestic Electrical Goods) Order 1998 and the Foreign Package Holidays (Tour Operators and Travel Agents) Order 1998, the provisions being preserved for a transitional period; the Act of 1976 having been repealed by section 1(b) of the Competition Act 1998. When these amendments come into force, the provisions being revoked will have become spent by virtue of the operation of Schedule 13, paragraph 41, to the Competition Act 1998.

Article 7 makes a consequential amendment by revoking the entry for the Restrictive Trade Practices Act 1976 in the Companies (Disclosure of Information) (Designated Authorities) Order 1998 and inserting an entry for the Competition Act 1998; the Act of 1976 having been repealed by section 1(b) of the 1998 Act.

Article 16 makes a consequential amendment by revoking the entry for the Restrictive Trade Practices Act 1976 in the Telecommunications (Interconnection) Regulations 1997, with the effect that the power of the Director General of Fair Trading to consent to an otherwise restrictive condition is removed; the Act of 1976 having been repealed by section 1(b) of the Competition Act 1998.

Article 21 corrects an error in the Competition Act 1998 (Transitional, Consequential and Supplemental Provisions) Order 2000.

Article 22 makes a consequential amendment by revoking the entry for the Monopolies and Mergers Commission in the Consumer Protection (Northern Ireland) Order 1987; the Monopolies and Mergers Commission having been dissolved and its functions transferred to the Competition Commission by section 45 of the Competition Act 1998.