Fair Trading Act 1973 (Version in vigour from 2018-01-03 to )

Consolidated Text

As Enacted

Cited authorities 4

Cited in

Currency	No known outstanding effects
Coming into Force	03 January 2018

Contenidos

Fair Trading Act 1973
Part I: Introductory

1: Director General of Fair Trading.
2: General functions of Director.
3: Consumer Protection Advisory Committee.
4: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5: Principal functions of Commission.
6: Monopoly situation in relation to supply of goods.
7: Monopoly situation in relation to supply of services.
8: Monopoly situation in relation to exports.
9: Monopoly situation limited to part of United Kingdom.
10: Supplementary provisions relating to ss. 6 to 9.
11: Meaning of “complex monopoly situation”.
12: Powers of Secretary of State in relation to functions of Director.

Part II: References to Consumer Protection Advisory Committee

General provisions

13: Meaning of “consumer trade practice”.
14: General provisions as to references to Advisory Committee.
15: Exclusion from s. 14 in respect of certain services.
16: Restriction on references under s. 14 in respect of certain goods and services.
17: Reference to Advisory Committee proposing recommendation to Secretary of State to make an order.
18: No such recommendation to be made except in pursuance of reference to which s. 17 applies.
19: Scope of recommendation proposed in reference to which s. 17 applies.
20: Time-limit and quorum for report on reference to which s. 17 applies.
21: Report of Advisory Committee on reference to which s. 17 applies.

Order in pursuance of report of Advisory Committee

22: Order of Secretary of State in pursuance of report on reference to which s. 17 applies.
23: Penalties for contravention of order under s. 22.: 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—
24: Offences due to default of other person.
25: Defences in proceedings under s. 23.
26: Limitation of effect of orders under s. 22.: A contract for the supply of goods or services shall not be void or unenforceable by reason only of a contravention of an order made under section 22 of this Act; and, subject to the provisions of section 18 of the Interpretation Act 1978 (which relates to offences under two or more laws), the provisions of this Part of this Act shall not be construed as—

Enforcement of orders

27: Enforcing authorities.
28: Power to make test purchases.
29: Power to enter premises and inspect and seize goods and documents.
30: Offences in connection with exercise of powers under s. 29.
31: Notice of test.: Where any goods seized or purchased by a person in pursuance of this Part of this Act are submitted to a test, then—
32: Compensation for loss in respect of goods seized under s. 29.
33: Application of Part II to Northern Ireland.

Part III: Additional Functions of Director for Protection of Consumers

34: Action by Director with respect to course of conduct detrimental to interests of consumers.
35: Proceedings before Restrictive Practices Court.
36: Evidence in proceedings under s. 35.
37: Order of, or undertaking given to, Court in proceedings under s. 35.
38: Provisions as to persons consenting to or conniving at courses of conduct detrimental to interests of consumers.
39: Order of, or undertaking given to, Court in proceedings under s. 38.
40: Provisions as to interconnected bodies corporate.
41: Concurrent Jurisdiction of other courts in certain cases.
41A: Meaning of “relevant Court”.
42: Appeals from decisions or orders of courts under Part III.
43: Legal aid in proceedings under Part III in Restrictive Practices Court.

Part IV: Functions of Director and Commission in Relation to Monopoly Situations and Uncompetitive Practices

Powers for Director to require information

44: General power for Director to require information.
45: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46: Supplementary provisions as to requirements to furnish information.

Monopoly references

47: General provisions as to monopoly references
48: Monopoly reference limited to the facts.
49: Monopoly reference not limited to the facts.
50: Monopoly references by Director.
51: Monopoly references by Ministers.
52: Variation of monopoly reference.
53: Publication of monopoly references and variations, and of directions relating to them.
54: Report of Commission on monopoly reference.
55: Time-limit for report on monopoly reference.
56: Order of appropriate Minister on report on monopoly reference.

Undertakings as alternative to monopoly reference by Director

56A: Proposals by Director.
56B: Proposals under section 56A: preparatory steps.
56C: Proposals under section 56A: exclusion of sensitive information.
56D: Acceptance by Secretary of State of proposals under section 56A.
56E: Review of undertakings.
56F: Release, variation and replacement of undertakings.
56G: Publication of undertakings etc.

Part V: Mergers

Newspaper merger references

57: Meaning of “newspaper”, “transfer of newspaper or of newspaper assets” and related expressions.
58: Prohibition of certain newspaper mergers.
59: Newspaper merger reference.
60: Time-limit for report on newspaper merger reference.
61: Report on newspaper merger reference.
62: Enforcement provisions relating to newspaper mergers.

Other merger references

63: Mergers references to which ss. 64 to 75 apply.
64: Merger situation qualifying for investigation.
65: Enterprises ceasing to be distinct enterprises.
66: Time when enterprises cease to be distinct.
66A: Obtaining control by stages.
67: Valuation of assets taken over.
68: Supplementary provisions as to merger situations qualifying for investigation.
69: Different kinds of merger references.
70: Time-limit for report on merger reference.
71: Variation of certain merger references.
72: Report of Commission on merger reference.
73: Order of Secretary of State on report on merger reference.
74: Interim order in respect of merger reference.
75: Reference in anticipation of merger.

Restriction on power to make merger reference where prior notice has been given

75A: General rule where notice given by acquirer and no reference made within period for considering notice.
75B: The role of the Director.
75C: Cases where power to refer unaffected.
75D: Regulations
75E: Interpretation of sections 75A to 75D.
75F: Power to amend sections 75B to 75D.

Undertakings as alternative to merger reference

75G: Acceptance of undertakings.
75H: Publication of undertakings.
75J: Review of undertakings.
75K: Order of Secretary of State where undertaking not fulfilled.

Supplementary

76: Functions of Director in relation to merger situations.
77: Associated persons.

Part VI: References to Commission other than Monopoly and Merger References

78: General references.
79: References as to restrictive labour practices.
80: Variation of reference under Part VI.

Part VII: Provisions Relating to References to Advisory Committee or to Commission

81: Procedure in carrying out investigations
82: General provisions as to reports.
83: Laying before Parliament and publication of reports.

Part VIII: Additional Provisions relating to References to Commission

84: Public interest.
85: Attendance of witnesses and production of documents.
86: Director to receive copies of reports.
87: Supplementary provisions as to laying reports before Parliament.
88: Action by Director in consequence of report of Commission on monopoly or merger reference.
89: Interim order after report of Commission under s. 54 or s. 72.
90: General provisions as to orders under ss. 56, 73, 74 and 89.
91: Procedure relating to orders to which s. 90 applies.
92: Investigation of company or association with reference to order to which s. 90 applies.
93: Enforcement of orders to which s. 90 applies.
93A: Enforcement of undertakings.
93B: False or misleading information.

Part IX: Amendments of Restrictive Trade Practices Acts

94: Transfer of functions of Registrar to Director.

95: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part X

107: . . ....

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