2000 No. 344 (C. 9)

COMPETITION

The Competition Act 1998 (Commencement No. 5) Order 2000

Made

Coming into force

The Secretary of State in exercise of the powers conferred on him by section 76 of the Competition Act 19981 hereby makes the following Order:

Citation1

This Order may be cited as the Competition Act 1998 (Commencement No. 5) Order 2000.

Provisions of the Act commenced by this Order2

1st March 2000 is the appointed day for the coming into force of the provisions of the Competition Act 1998 listed in the first column of the Schedule to this Order for the purposes set out in the second column.

Stephen Byers,Secretary of State for Trade and Industry

SCHEDULEPROVISIONS OF THE COMPETITION ACT 1998 COMING INTO FORCE ON 1ST MARCH 2000

Article 2

Provisions of the Act

Purpose

Section 1(b) to (d) (enactments repealed)

For all purposes

Section 2 (the Chapter I prohibition)

For all purposes

Section 3(1)(b)

For all remaining purposes

Section 4 (individual exemptions)

For all purposes

Section 5 (cancellation etc. of individual exemptions)

For all purposes

Section 6 (block exemptions)

For all purposes

Section 7 (block exemptions: opposition)

For all purposes

Section 8 (block exemption: procedure)

For all purposes

Section 9 (exemption criteria)

For all purposes

Section 10 (parallel exemptions)

For all purposes

Section 11 (exemption for certain agreements)

For all purposes

Section 12(1) and (2) (requests for Director to examine agreements)

For all purposes

Section 13 (notification for guidance)

For all purposes

Section 14 (notification for a decision)

For all purposes

Section 15 (effect of guidance)

For all purposes

Section 16 (effect of decisions)

For all purposes

Section 17 (enactments replaced)

For all purposes

Section 18 (Chapter II prohibition)

For all purposes

Section 20 (requests for Director to consider conduct)

For all purposes

Section 21 (notification for guidance)

For all purposes

Section 22 (notification for a decision)

For all purposes

Section 23 (effect of guidance)

For all purposes

Section 24 (effect of a decision)

For all purposes

Sections 25, 26, 27, 28, 29, 30 and 31 (powers of investigation and decisions following investigations)

For all purposes

Sections 32, 33, 34, 35, 36 and 37 (enforcement)

For all purposes

Section 38(8) to (10) (level of penalties)

For all purposes

Sections 39 and 40 (limited immunity)

For all purposes

Section 41 (agreements notified to Commission)

For all purposes

Sections 42 to 44 (offences)

For all purposes

Section 46, 47, 49(1), (2) and (4) (appeals)

For all purposes

Section 54(1) (regulators)

For all purposes

Section 54(2) and (3)

For all remaining purposes

Section 55(1) to (5), (7) and (8) and 56 (confidentiality of information)

For all purposes

Section 58 (findings of fact by Director)

For all purposes

Sections 61 to 65 (investigations in relation to Articles 81 and 82 EC2)

For all purposes

Section 70 (contracts as to patented products)

For all purposes

Section 72 (offences by bodies corporate)

For all purposes

Section 73 (Crown application)

For all purposes

Section 74 (amendments, transitional provisions, savings and repeals)

In so far as it relates to the provisions in Schedule 10 brought into force by this Order

Schedule 2 (exclusions: competition scrutiny under other statutes) paragraphs 1 to 5

For all purposes

Schedule 5 (procedure for notification under Chapter I) paragraphs 1 to 6

For all purposes

Schedule 6 (procedure for notification under Chapter II) paragraphs 1 to 6

For all purposes

Schedule 8 (appeals) paragraphs 2 to 4

For all purposes

Schedule 10 (regulators) paragraphs 9(3), (4), (6), (7)(a) and (8), 10(3) to (5), (6)(a) and (7), 11(a), 12(3) to (5), (7)(a) and (8), 13(2), (4) to (7), (9) and (10)(a), 14(a), 15(3) to (8), (9)(a) and (10), 16, 17(3) to (5), (7)(a), (8) and (9), 18(3) to (5), (6)(a) and (7)

For all purposes

Schedule 10 paragraphs 2 to 8

For all remaining purposes

Schedule 11 (interpretation of section 55)

For all purposes

Schedule 12 (minor and consequential amendments) paragraphs 1(3)(c), (4), (5), (6), (7), (8), 2, 3(a), 4(2), (4) to (8), (10), (13) to (15), 5, 6(b), 7(3) to (5), 8, 9, 10(a), 11, 12, 13, 14(2), 16, 17, 18(a), 19, 20(3) to (6) and 21

For all purposes

Schedule 13 (transitional provisions and savings) paragraphs 8 to 10, 12(2), 13 to 18, 19(1) and (2), 20 to 34 and 36 to 39 and 42 to 46

For all purposes

Schedule 13 paragraph 12(1)

For all remaining purposes

In Part I of Schedule 14 (repeals) the entries relating to section 78(3) of the Fair Trading Act 19733, the Restrictive Trade Practices Act 19764, the Resale Prices Act 19765, the Energy Act 19766, the Restrictive Trade Practices Act 19777, the Patents Act 19778, the Estate Agents Act 19799, sections 2 to 10, 11(8), 13(1), 15, 16(3), 17, 19(3), 19(5)(a), 25 to 30, 31 and 33(3) and (4) of the Competition Act 198010, the Telecommunications Act 198411, the Airports Act 198612, the Gas Act 198613, the Financial Services Act 198614, the Consumer Protection Act 198715, the Channel Tunnel Act 198716, the Road Traffic (Consequential Provisions) Act 198817, the Water Act 198918, the Electricity Act 198919, the Companies Act 198920, the Broadcasting Act 199021, the Water Industry Act 199122, the Water Resources Act 199123, the Osteopaths Act 199324, the Railways Act 199325, the Chiropractors Act 199426, the Coal Industry Act 199427, the Deregulation and Contracting Out Act 199428, and the Broadcasting Act 199629 and in Part II the entries relating to the Magistrates' Courts (Northern Ireland) Order 198130, the entry relating to the Competition Act 1980 in Schedule 8 of the Agricultural Marketing (Northern Ireland) Order 198231, the Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 198632, the Electricity (Northern Ireland) Order 199233, the Airports (Northern Ireland) Order 199434, and the Gas (Northern Ireland) Order 199635

For all purposes

(This note is not part of the Order)

This Order brings into force on 1st March 2000 certain provisions of the Competition Act 1998.

The Order brings into force section 1(b) to (d) which repeal the Restrictive Trade Practices Act 1976, the Resale Prices Act 1976 and the Restrictive Trade Practices Act 1977 and section 17 which repeals sections 2 to 10 of the Competition Act 1980 which provides for the control of anti-competitive practices.

The Order brings into force the Chapter I prohibition on anti-competitive agreements (section 2) and the Chapter II prohibition on abuse of a dominant position (section 18). It brings into force section 3 and Schedule 2 (so far as not already in force) which make provision in respect of exclusions from the prohibitions and sections 4 to 11 which make provision in respect of exemptions from the Chapter I prohibition. It brings into force sections 12 (so far as not already in force), 13 to 16 and 20 to 24 and Schedules 5 and 6 (except paragraph 7 in each Schedule) which enable guidance and decisions about the application of the prohibitions to be obtained from the Director General of Fair Trading (“the Director”) and provide for the procedure to be followed and the effect of guidance and decisions.

The Order brings into force sections 25 to 31 which make provision in respect of investigations by the Director of suspected breaches of the prohibitions, and sections 32 to 35 which provide powers for him to direct undertakings to terminate infringements (and to impose interim measures). The Order brings into force section 36 which empowers the Director to impose penalties for infringing the prohibitions, section 37 which provides for the recovery of penalties by the Director, and (so far as not already in force) section 38 which requires the Director to publish guidance as to the appropriate amount of any penalty. The Order brings into force sections 39 and 40 which enable the Secretary of State by regulations to confer limited immunity on small agreements and conduct of minor significance, and section 41 which provides for provisional immunity where an agreement has been notified to the European Commission.

The Order brings into force sections 42 to 44 which make offences of the failure to comply with the investigation powers, and of the provision to the Director of false information.

The Order brings into force sections 46, 47, 49 (so far as not already in force) and Schedule 8 (so far as not already in force) which provide for appeals from decisions of the Director.

The Order brings into force section 54 and Schedule 10 (so far as not already in force) which provide for concurrent exercise by the regulators of functions under Part I of the Act and for minor and consequential amendments to the regulatory Acts and Orders.

The Order brings into force section 55 (so far as not already in force), 56 and Schedule 11 which provide for confidentiality of information obtained under Part I of the Act.

The Order brings into force section 58 which provides for findings of fact by the Director to be admissible in civil proceedings.

The Order brings into force sections 61 to 65 which provide powers for the Director General of Fair Trading to assist the European Commission in conducting investigations into suspected breaches of EC Competition law, for the Director to conduct investigations on their behalf, and offences in connection with obstruction of such investigations.

The Order brings into force section 70 which repeals sections 44 and 45 of the Patents Act 1977.

The Order brings into force section 72, which provides for offences committed by bodies corporate, section 73 which provides for Crown application and section 74 and (so far as not already in force), Schedules 12, 13 and 14 which contain consequential amendments, transitional provisions and savings, and repeals (with the exception of the repeal of the Restrictive Practices Courts Act 1976).

(This note is not part of the Order)

The following provisions of the Competition Act 1998 have been brought into force by commencement orders made before the date of this Order:

Provision

Date of Commencement

S.I.No.

s. 3(1)(a), (c) and (d) and (2) to (6)

11.1.1999

1998/3166

s. 3(1)(b) (partially)

11.1.1999

1998/3166

s. 12(3)

11.1.1999

1998/3166

s. 19

11.1.1999

1998/3166

s. 38(1) to (7)

11.1.1999

1998/3166

s. 45

1.4.1999

1999/505

s. 48

1.4.1999

1999/505

s. 49(3)

1.4.1999

1999/505

s. 50

11.1.1999

1998/3166

s. 51

26.11.1998

1998/2750

s. 52

26.11.1998

1998/2750

s. 53

11.1.1999

1998/3166

s. 54(2) (partially)

26.11.1998

1998/2750

s. 54(3) (partially)

11.1.1999

1998/3166

1.4.1999

1999/505

s. 54(4) to (7)

11.1.1999

1998/3166

s. 55(6)

11.1.1999

1998/3166

s. 57

11.1.1999

1998/3166

s. 59 (partially)

26.11.1998

1998/2750

s. 59 (for all other purposes)

11.1.1999

1998/3166

s. 60

11.1.1999

1998/3166

s. 66

1.4.1999

1999/505

s. 67

1.4.1999

1999/505

s. 68

1.4.1999

1999/505

s. 69

11.1.1999

1998/3166

s. 74 (partially)

11.1.1999

1998/3166

1.4.1999

1999/505

Sch. 1

11.1.1999

1998/3166

In Sch. 2 Para 6

11.1.1999

1998/3166

Sch. 3

11.1.1999

1998/3166

Sch. 4

11.1.1999

1998/3166

Sch. 7

1.4.1999

1999/505

In Sch. 8 para 1 and Part II

1.4.1999

1999/505

Sch. 9

26.11.1998

1998/2750

In Sch. 10 paras 2 to 8 (partially)

26.11.1998

1998/2750

In Sch. 10 paras 9(7)(b), 10(6)(b), 11(b), 12(7)(b), 13(10)(b), 14(b), 15(9)(b), 17(7)(b), 18(6)(b)

11.1.1999

1998/3166

In Sch. 10 paras 1, 9(1), (2) and (5), 10(1) and (2), 12(1), (2) and (6), 13(1), (3) and (8), 15(1) and (2), 17(1), (2) and (6) and 18(1) and (2)

1.4.1999

1999/505

In Sch. 12 paras 1(1), (2), (9) to (13) and (15), 4(1), (3) and (12), 6(a), 7(1) and (2), 14(1) and (3), 15 and 20(1) and (2)

1999/505

In Sch. 12 paras 1(14), 3(b), 4(9) and (11), 10(b) and 18(b)

11.1.1999

1998/3166

In Sch. 12 paras 1(3)(a), (b) and (d)

10.11.1999

1999/2859

In Sch. 13 paras 10(5) and 19(3)

11.1.1999

1998/3166

In Sch. 13 paras 11 and 12(1) (partially)

11.1.1999

1998/3166

In Sch. 13 paras 40 and 41

10.11.1999

1999/2859

In Sch. 14 in Part I the entries relating to ss. 4, 45, 81, 135 of, and Sch. 3 to, the Fair Trading Act 1973 and in Part II the entry relating to para 16(2) of Sch. 8 to the Agricultural Marketing (Northern Ireland) Order 1982

1.4.1999

1999/505

In Sch. 14 in Part I the entries relating to s. 83 of the Fair Trading Act 1973 and to s. 22 of the Competition Act 1980

11.1.1999

1998/3166

In Sch. 14 in Part I the entries relating to ss. 10(2) and 54(5) of, and paras 3(1) and (2) of Sch. 8 to, the Fair Trading Act 1973

10.11.1999

1999/2859