Foreign Package Holidays (Tour Operators and Travel Agents) Order 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/2110 |
| Year | 2000 |
2000 No. 2110
COMPETITION
The Foreign Package Holidays (Tour Operators and Travel Agents) Order 2000
Made 27th July 2000
Laid before Parliament 7th August 2000
Coming into force 9th October 2000
Whereas the Secretary of State, as required by section 91(2) of the Fair Trading Act 19731, published a notice on 8th May 2000 of his intention to make this Order, and invited written representations to be made to him on or before 9th June 2000 about the provisions proposed to be contained in it;
And whereas the Secretary of State has considered the representations received;
Now, therefore, the Secretary of State, being the appropriate Minister under section 56 of the said Act, in exercise of the powers conferred on him by sections 56(2) and 90(2), (4) and (7) of, and paragraph 1 of Schedule 8 to, the said Act, and for the purpose of remedying or preventing adverse effects specified in the report of the Monopolies and Mergers Commission entitled “Foreign Package Holidays: A report on the supply in the UK of tour operators' services and travel agents' services in relation to foreign package holidays”2, hereby makes the following Order:—
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Foreign Package Holidays (Tour Operators and Travel Agents) Order 2000 and shall come into force on 9th October 2000.
(2) In this Order—
“accommodation” means the provision of a place to sleep, including the provision of a site for the erection of a tent or a parking place for a caravan, mobile home or other similar vehicle, but does not include the provision of sleeping accommodation in a means of transport unless that accommodation represents a substantial proportion of the accommodation for the holiday;
“foreign package holiday” means services, accommodation and facilities provided under a contract, made within the United Kingdom, by a tour operator for a holiday outside the United Kingdom provided transport to or from the United Kingdom and accommodation outside the United Kingdom (whether or not for the duration of the holiday) are included;
“the linked supply or offer to supply of foreign package holidays” has the meaning assigned to it by article 3;
“tour operator” means a person who, otherwise than occasionally, organises foreign package holidays and supplies or offers them for supply, whether directly or through a travel agent;
“travel agent” means a person who supplies or offers for supply a foreign package holiday organised by a tour operator;
“travel agent and a tour operator who are linked” means—
(a) a travel agent and a tour operator who are interconnected bodies corporate; or
(b) a travel agent and a tour operator who are the same body corporate;
and the expressions “link”, “linked travel agent” and “linked tour operator” shall be construed accordingly; and
“travel group” means—
(a) a group of interconnected bodies corporate which includes a travel agent and a tour operator; or
(b) where a travel agent and a tour operator are the same body corporate, that body corporate.
Market share test
2. This Order shall apply where—
(a) the linked travel agent or the travel group of which it is part has a share of the market in travel agents' services exceeding 5%;
(b) the linked tour operator or the travel group of which it is part has a share of the market in tour operators' services exceeding 5%; or
(c) paragraphs (a)...
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