2(1), Sch. 16 Group 2, F41S. . 3), C26Reference to enactment of Parliament of Northern Ireland to be construed as including reference to Measure of Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. III (ss. . Fair Trading Act 1973. The matters referred to in paragraph (a) of subsection (1) of this section are—. 57-77 ) applied (E.W.) In subsection (4) of this section, the following expressions have the meanings given by, or referred to in, section 189 of the, In any provisions to which this section applies—, any reference to a person to or for whom goods or services are supplied shall be construed as including a reference to any guarantor of such a person, and. . 2003/1397, art. 16 (with ss. 2006/3384), The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017 (S.I. 2(k). F98(7). Words in s. 138 repealed (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by. (1.4.1994) by 1993 c. 43, s. 67(1); S.I. 2 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 2003/766, art. 31 applied (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), s. 138(2), Sch. Transitional-Consumer Affairs Legislation Amendment Act 2010. . (1)Where an offence under F66... F67... F68... [F69section 93B] or Part XI of this Act, which has been committed by a body corporate, is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly. 131 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 10(1)(a), 279, Sch. 7, Restrictive Practices Court Act 1976 (c. 33), Sch., Restrictive Trade Practices Act 1976 (c. 34), Sch. . 1(9) (with art. (8)Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act. 34-43) modified (N.I.) F102(3). This bill prohibits a predispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment, consumer, antitrust, or civil rights dispute. 2004/3233, art. 289F, 289G and (N.I.) 26; S.I. . 70, F63Words in s. 129(4) repealed (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 1996/216, art. . . You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Limitation of effect of orders under s. 22. conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of such an order, or, affecting any restriction imposed by or under any other enactment, whether public, local or private, or. . Use this menu to access essential accompanying documents and information for this legislation item. 26 (with Sch. . No prosecution for an offence under this Act shall be commenced after the expiration of three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier. . 2, Sch. 10), F98S. . . . . para. F121, F121Schs. . . Concurrent Jurisdiction of other courts in certain cases. (01.12.1991) by, Pt. . The Office of Fair Trading is a non-ministerial department of the United Kingdom government. . Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. 3 para. . . Monopoly reference not limited to the facts. 1(3)); S.I. (but by S.R.s 1984 No. 1996/218, art. (subject to subsection (7) of this section) either or both of the conditions in subsections (3) and (4) of this section are fulfilled in relation to the scheme. 1, 284(3), F47S. Act you have selected contains over ], C16S. (2)Paragraph 11 of this Schedule shall not have effect for the purposes of the operation of subsection (7) or subsection (8) of section 1 of the Act of 1956 in accordance with the preceding sub-paragraph. V (ss. 125 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 2003/1397, art. 2, Sch. 2), Pt. ], F44S. Where a person is charged with an offence by virtue of subsection (6) of section 120 of this Act, it shall be a defence for him to prove—, that the trading scheme to which the charge relates was in operation before the commencement of this Act, and. 2001/3649, arts. 2, Sch. 1, Sch. This act was divided into two parts firstly as the Chapter 1 prohibitions and secondly as the Chapter 2 prohibitions. 135(3) repealed by S.I. . . 10U.K.Subsection (5) of section 88 of this Act shall have effect in relation to any order which was made under section 10 of the Act of 1948 or under section 3 or section 6 of the Act of 1965 and which, by virtue of paragraph 1 of this Schedule, has effect as if made under this Act, as that subsection has effect in relation to orders made under this Act in the circumstances specified in that subsection. 2003/1397, art. he may, for the purpose of ascertaining whether any offence under section 23 of this Act has been committed, inspect any goods and enter any premises other than premises used only as a dwelling; if he has reasonable cause to suspect that an offence under that section has been committed, he may, for the purpose of ascertaining whether it has been committed, require any person carrying on a business or employed in connection with a business to produce any books or documents relating to the business and may take copies of, or of any entry in, any such book or document; if he has reasonable cause to believe that such an offence has been committed, he may seize and detain any goods for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed; he may seize and detain any goods or documents which he has reason to believe may be required as evidence in proceedings for such an offence; he may, for the purpose of exercising his powers under this subsection to seize goods, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of an order made under section 22 of this Act are duly observed, require any person having authority to do so to break open any container or open any vending machine and, if that person does not comply with the requirement, he may do so himself. II: power to repeal conferred (1.4.2003) by. Return to the latest available version by using the controls above in the What Version box. . (f)establishing etc. 4 of 1980] w.e.f. (b)for that purpose, amend or repeal any of paragraphs (c), (d), (e) or (g) of subsection (3) above. Release, variation and replacement of undertakings. . - As at 23 September 2020 - Act 68 of 1987 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. F1S. . No such recommendation to be made except in pursuance of reference to which s. 17 applies. . 2003/1397, art. . . (b)is given after the commencement of this Act in a case where no request under subsection (1) of section 88 of this Act has been made to the Director to carry out consultations in accordance with that subsection. 2, Sch. Preliminary—Part 1 Published under the . (5)The power to make regulations under this section may be exercised so as to make different provision—, (a)in relation to different descriptions of trading schemes to which this Part of this Act applies, or. 5 Pt. 3(1), 4, 6, 8); S.I. . (3)In particular, but without prejudice to the generality of the preceding sub-paragraphs, any reference, proceedings or report to which either of those sub-paragraphs applies shall have effect, or shall be conducted or made, as mentioned in that sub-paragraph notwithstanding that the reference or report related or relates to the question whether conditions to which the Act of 1948 applied prevailed or prevail, and not to the existence or possible existence of a monopoly situation within the meaning of this Act. Time when enterprises cease to be distinct. . . . 1996/3146, art. The provisions of Schedule 9 to this Act apply in the case of a draft of any such order as they apply in the case of a draft of an order to which section 91(1) above applies. 1(2), Sch. imposing restrictions on the liabilities to be incurred by such a participant in respect of any of the matters mentioned in paragraphs (a) to (e) of subsection (2) of this section. 2, Pt. (1)Where a person is charged with an offence under subsection (1) of section 120 of this Act in respect of an advertisement, it shall be a defence for him to prove that he is a person whose business it is to publish or arrange for the publication of advertisements, and that he received the advertisement for publication in the ordinary course of business and did not know, and had no reason to suspect, that its publication would amount to an offence under that subsection. The Office of Fair Trading, however, continues to supervise these situations as well as being responsible for the regulation of mergers and takeovers under the 1973 Act and the referral of cases to the COMPETITION COMMISSION for investigation and report. 2003/766, art. 2003/3142, art. . Under this Act, as amended, the Commission is empowered, among other things, to (a) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce; (b) seek monetary redress and other relief for conduct injurious to consumers; (c) prescribe rules defining with … Regulations made under subsection (2) of this section—, may include provision for enabling a person who has made a payment as a participant in a trading scheme to which this Part of this Act applies, in circumstances where any of the requirements prescribed by the regulations were not complied with, to recover the whole or part of that payment from any person to whom or for whose benefit it was paid, and. The Secretary of State shall pay all remuneration, allowances or other sums payable under this Act to or in respect of persons who are or have been members of the Advisory Committee, to such amount as the Secretary of State with the approval of the Minister for the Civil Service may determine, all other expenses duly incurred by the Advisory Committee, There shall be defrayed out of moneys provided by Parliament—. (a)was given before the commencement of this Act, or. III, IV (ss. In the circumstances mentioned in subsection (1) of this section, the Minister shall have the like power to make orders under section 19 of this Act as if those conclusions of the Monopolies and Mergers Commission—, had been to the effect that the provision of the scheme in question, or the act or ommisssion of the board to which those conclusions relate, were contrary to the interest of consumers of the regulated product, and. 2003/3180), art. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. “agreement” means any agreement or arrangement, in whatever way and in whatever form it is made, and whether it is, or is intended to be, legally enforceable or not; “business” includes a professional practice and includes any other undertaking which is carried on for gain or reward or which is an undertaking in the course of which goods or services are supplied otherwise than free of charge; “consumer” (subject to subsection (6) of this section) means any person who is either—, a person to whom goods are or are sought to be supplied (whether by way of sale or otherwise) in the course of a business carried on by the person supplying or seeking to supply them, or. 2003/3180), Weights and Measures Act 1985 (c. 72, SIF 131), The Consumer Protection from Unfair Trading Regulations 2008 (S.I. (10.6.1996) by, Pt. under which the promoter or any of the promoters or participants is to carry on, or to purport to carry on, a relevant regulated activity; which otherwise falls within a description prescribed by regulations made by the Secretary of State by statutory instrument. F27Ss. . 77 repealed (29.12.2003) by The Enterprise Act 2002 and Media Mergers (Consequential Amendments) Order 2003 (S.I. Different options to open legislation in order to view more content on screen at once. Nothing in this section shall be construed as requiring a person to answer any question or give any information if to do so might incriminate that person or (where that person is, married or a civil partner) the spouse or civil partner, Words in s. 30(5) repealed (20.6.2003) by, Words in s. 30(6) substituted (5.12.2005) by, Where any goods seized or purchased by a person in pursuance of this Part of this Act are submitted to a test, then—. 2007/1846, reg. 82 repealed (29.12.2003) by The Enterprise Act 2002 and Media Mergers (Consequential Amendments) Order 2003 (S.I. . includes the making of arrangements permitting use of the tunnel system (within the meaning of the Channel Tunnel Act 1987) by a person operating services for the carriage of passengers or goods by rail. . 43(2) repealed by S.I. 2(1), Sch. 2003/766, art. 2004/3233, art. in relation to trading schemes which are or were in operation on a date specified in the regulations and trading schemes which are or were not in operation on that date, Subject to the next following section, any person who issues, circulates or distributes, or causes another person to issue, circulate or distribute, an. (5)For the purposes of this Part of this Act a prospect of a kind mentioned in paragraph (a) of subsection (1) of this section shall be treated as being held out to a participant whether it is held out so as to confer on him a legally enforceable right or not. . that those matters consist of or include any provision of a scheme or any act or omission of a board administering a scheme. References to Consumer Protection Advisory Committee, Pt. . 2(1), Sch. The Act prohibits misleading and deceptive conduct, unsubstantiated claims, false representations and certain unfair practices. General provisions as to references to Advisory Committee. . 10(1)(c), 279, Sch. On 14 May 2008, Justice Norris handed down his findings in the case, dismissing all charges against Amway UK , providing Amway agreed to a number of undertakings, namely - )(01.12.1991) by, Act: definitions applied (E.W. . 3) (as amended (20.7.2007) by S.I. . Note 4 at the end of this reprint provides a list of the amendments incorporated. 2003/1397, art. 2003/3180), art. . unless (in any such case) such requirements as are prescribed by the regulations are complied with. For the purposes of subsection (6)(a), “relevant regulated activity” means—. . 12, 13 repealed by Restrictive Trade Practices Act 1976 (c. 34), Sch. 1(3) (with art. . (2)Nothing in subsection (1) shall be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence. . 3(1), 6, 8); S.I. 1(10)(a) (with art. 11(1)Except as provided by paragraph 15 of this Schedule, in relation to any time after the commencement of this Act, anything which has before the commencement of this Act been done by or in relation to the Registrar shall have effect as if it had been done by or in relation to the Director.U.K. . Compensation for loss in respect of goods seized under s. 29. . . 8(1), F20S. . if you discover that bags advertised as leather are actually vinyl, or if you buy faulty goods and the shopkeeper incorrectly tells you that you’re not legally entitled to a refund, . . (a)if the goods were seized, he shall inform any such person as is mentioned in section 29(2) of this Act of the result of the test; (b)if the goods were purchased and the test leads to the institution of proceedings for an offence under section 23 of this Act, he shall inform the person from whom the goods were purchased, or, in the case of goods sold through a vending machine, the person mentioned in relation to such goods in section 29(2) of this Act, of the result of the test; and where, as a result of the test, proceedings for an offence under section 23 of this Act are instituted against any person, he shall allow that person to have the goods tested on his behalf if it is reasonably practicable to do so. 3 Pt. “enactment” includes an enactment of the Parliament of Northern Ireland; “goods” includes buildings and other structures, and also includes ships, aircraft and hovercraft, . A provision of this Act shall, for the purposes of this Schedule, be regarded as corresponding to an enactment repealed by this Act if (notwithstanding that it differs, whether to a small extent or substantially, from that enactment) it fulfils in this Act a purpose similar to that which that enactment fulfilled in the repealed enactments; and any reference in this Schedule to provisions of the repealed enactments corresponding to any provisions of this Act shall be construed accordingly. (4)In this Schedule “the repealed enactments” means the enactments repealed by this Act, and “the commencement of this Act”, where that expression occurs in any provision of this Schedule,—, (a)if the same day is appointed under section 140 of this Act for the repeal of all those enactments, means the day so appointed, or. 9 repealed (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 4. . Provisions consequential upon transfer of functions from Registrar to Director. 1(1), Sch. (4)If the promoter or any of the promoters of a trading scheme to which this Part of this Act applies, or any other person acting in accordance with such a trading scheme, by holding out to any person such a prospect as is mentioned in subsection (3)(b) of this section, attempts to induce him—, (a)if he is already a participant in the trading scheme, to make any payment to or for the benefit of the promoter or any of the promoters or to or for the benefit of a participant in the trading scheme, or. 44-56G repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 17, C25S. Report of Commission on monopoly reference. 47; S.I. (b)any reference to an offence under section 23 of this Act were a reference to an offence under this Part of this Act. Section 120, Fair Trading Act 1973. . 1 Pt. . 2(1), Sch. 118(6A)(ba) inserted (1.4.2007 for specified purposes, 1.11.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 2 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), ss. . . 118(6A) inserted (1.12.2001) by S.I. 1(1), Sch. 26 (with Sch. 6). 1993/3160 (N.I. 1 (with art. . C31The text of the amendment to Agricultural Marketing Act 1958 (c. 47) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The provisions of Schedule 11 to this Act shall have effect for the purposes of this Act. The Federal Trade Commission Act is the primary statute of the Commission. For the purposes of any provisions to which this section applies it is immaterial whether any person supplying goods or services has a place of business in the United Kingdom or not. (c)derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Part of this Act. ), Subject to the following provisions of this Part of this Act, any person who contravenes a prohibition imposed by an order under section 22 of this Act, or who does not comply with a requirement imposed by such an order which applies to him, shall be guilty of an offence and shall be liable—. . (2)Except in so far as the context otherwise requires, in this Act, . 2(1), Sch. (4)A person entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant under subsection (3) of this section he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them. 208, 279, Sch. 2(1), Sch. 2(1), Sch. . General rule where notice given by acquirer and no reference made within period for considering notice. 1 Note (with reg. 95–117 repealed by Restrictive Trade Practices Act 1976 (c. 34), Sch. The repeal by this Act of subsections (2) to (4) of section 30 of the. 137(3)(f) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. C28Power of appointment conferred by s. 140(3) fully exercised. . Amendments, repeals and transitional provisions. . (1)This Act may be cited as the Fair Trading Act 1973. 34-43) modified (N.I.) 2003/1397, art. . All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. The Act was passed in 2006, however only parts of it … Functions of Director in relation to orders made under Acts of 1948 and 1965. . 2009/3250, art. 26 (with s. 10(2)); S.I. . Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing. 3-5), F119Schs. 6, 8), F114Sch. 17 para. Changes that have been made appear in the content and are referenced with annotations. The Secretary of State for Trade and Industryhas blocked the proposed acquisition by Lloyds TSB Group plc (Lloyds) of Abbey National plc (Abbey). 3(2), Sch. and who does not receive or seek to receive the goods or services in the course of a business carried on by him; [F83“the Director” means the Director General of Fair Trading;]. 5, 6, F17Words in s. 30(5) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. (2)A copy of any certificate given by the Secretary of State under the preceding sub-paragraph shall be furnished to the Director; and the Minister to whom any such undertaking was or is given shall furnish particulars of it to the Director. 12(5), 223(2) (with ss. 2 para. 34-43) modified (E.W.S.) . . 24); S.I. . Summary. (b)any reference in subsection (4) of that section to the report of the Director were a reference to a report made by the Commission as mentioned in sub-paragraph (1) of this paragraph. 1973/2163, Sch. . Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. 7 para. 2001/3649, arts. 3-5), F118Sch. 140(2) repealed by Restrictive Trade Practices Act 1976 (c. 34), Sch. Enforcement of orders to which s. 90 applies. (2) A reference in this Act to the supply of goods or services extends to the supply of both goods and services. (a)the introduction by any person of other persons who become participants in a trading scheme; (b)the continued participation of participants in a trading scheme; (c)the promotion, transfer or other change of status of participants within a trading scheme; (d)the supply of goods or services by any person to or for other persons; (e)the acquisition of goods or services by any person. . I (with s. 73); S.I. The repeal by this Act of subsections (7) and (8) of section 1 of the Act of 1956 shall not affect the operation of those subsections in relation to any person who was appointed to be the Registrar before the commencement of this Act; and, in relation to any such person, a determination made under subsection (7) of that section shall have effect whether made before or after the commencement of this Act. 2, Sch. , and the provisions of sections 30 to 32 shall be construed accordingly; in section 29(3), any reference to a justice of the peace shall be construed as a reference to a resident magistrate; and, Additional Functions of Director for Protection of Consumers, Pts. 137(3)(f) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 192(1), F93S. F52Words substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. (with arts. 2009/3250, art. . General provisions as to orders under ss. Unlawful conditions 6. 1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 9(1)This paragraph applies to any undertaking given to a Minister which is certified by the Secretary of State to have been given in relation to matters dealt with in a report made by the Commission on a reference under section 2 of the Act of 1948 or on a reference under section 6 of the Act of 1965 and which either—U.K. . 28(b) (with art. 43; S.I. 3-5), F100S. 85 repealed (29.12.2003) by The Enterprise Act 2002 and Media Mergers (Consequential Amendments) Order 2003 (S.I. 8 repealed (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26 (with Sch. . Penalties for contravention of order under s. 22. on summary conviction, to a fine not exceeding £400; on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both. . 2007/1846, reg. . mainframe computers. (with arts. . Note 4 at the end of this reprint provides a list of the amendments incorporated. . 18, F87Words in s. 137(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. S. 118(6A)(ba) inserted (1.4.2007 for specified purposes, 1.11.2007 in so far as not already in force) by, S. 118(6A)(bb) inserted (1.4.2017 for specified purposes, 3.1.2018 in so far as not already in force) by, S. 118(6A)(ea)-(ed) inserted (22.7.2013) by. . (10.6.1996) by S.I. F22, (b). Text of statute as originally enacted. (2)Sub-paragraph (1) of this paragraph applies, in particular, to any regulations made by the Registrar, any register kept or document issued by the Registrar, any particulars furnished to the Registrar, and any application to or proceedings before F120... any F120... court, tribunal or authority, made or instituted by or against the Registrar or to which the Registrar was otherwise a party; and such proceedings, if pending at the commencement of this Act, may accordingly be continued by or against the Director, or with the Director being otherwise treated as a party to them, as the circumstances may require, and for the purpose of so continuing them anything done by or in relation to the Registrar in connection with any such proceedings shall be treated as having been done by or in relation to the Director. . General power for Director to require information. . … )(01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 2.1.2 Contracts Review Act 1980 (NSW) 2.1.3 Uniform Consumer Credit Code 2.1.4 Fair Trading Amendment Act 2003 (Victoria) 2.1.5 Non-government intervention 2.2 United Kingdom (and the European Union) 2.2.1 Supply of Goods (Implied Terms) Act 1973 and Unfair Contract Terms Act 1977 2.2.2 Unfair Terms in Consumer Contracts Regulations 1999 . Restriction on power to make merger reference where prior notice has been given. (4)Regulations made under subsection (2) of this section—, (a)may include provision for enabling a person who has made a payment as a participant in a trading scheme to which this Part of this Act applies, in circumstances where any of the requirements prescribed by the regulations were not complied with, to recover the whole or part of that payment from any person to whom or for whose benefit it was paid, and. 1994/571, art. . 8U.K.An order made under section 56 of this Act in consequence of a report made by the Commission before the commencement of the Act of 1965 shall not exercise any of the powers specified in Part II of Schedule 8 to this Act; and accordingly the powers conferred by section 89 of this Act shall not be exercisable in consequence of any such report.
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