Monopolies and Mergers Commission (Performance of Functions) Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/122 |
1989No. 122
MONOPOLIES AND MERGERS
The Monopolies and Mergers Commission (Performance of
Functions) Order 1989
30thJanuary1989
31stJanuary1989
Whereas a draft of this Order has been approved by a resolution of each House of Parliament pursuant to section 31 of the Competition Act 1980 ( a) ;
And whereas it appears to the Secretary of State that the modifications made by this Order are appropriate for improving the performance by the Monopolies and Mergers Commission of their functions;
Now therefore the Secretary of State, in exercise of the powers conferred on him by section 24 ( b) of the said Act of 1980, hereby makes the following Order:
1. This Order may be cited as the Monopolies and Mergers Commission (Performance of Functions) Order 1989 and shall come into force on the day after the day on which it is made.
2.-(1) Paragraph 10 in Part II of Schedule 3 to the Fair Trading Act 1973 ( c) shall be modified to the extent specified in paragraphs (2) and (3) below.
(2) For the word "five" wherever it occurs in sub-paragraph (1) of paragraph 10 there shall be substituted the word "three" .
(3) After sub-paragraph (1) of paragraph 10, there shall be inserted the following sub-paragraph:-
" (1A) Where no direction has been made under sub-paragraph (1) hereof with respect to the investigation on a merger reference the chairman of the Commission may perform the functions of the Commission under section 75(5) of this Act in relation to that reference and anything done by or in relation to the chairman in, or in connection with, the performance of those functions shall have the same effect as if it had been done by or in relation to the Commission. "
Francis Maude |
|
Parliamentary Under-Secretary of State Department of Trade and Industry |
|
30th January 1989 |
|
(a) 1980 c.21.
(b) Section 24 was applied by section 44(3) of the Airports Act 1986 (c.31) and section 24(7) of the Gas Act 1986 (c.44).
(c) 1973 c.41; paragraph 10 in Part II was amended by S.I. 1982/1889; Part II was applied by section 7(6) of the Competition Act 1980, section 44(3) of the Airports Act 1986 and section 24(7) of the Gas Act 1986.
EXPLANATORY NOTE
(This note is not part of the Order)
Part II of Schedule 3 to the Fair Trading Act 1973 sets out the manner in which the Monopolies and Mergers Commission perform their functions. Power is given to the Secretary of State under the Competition Act 1980 to make such modifications to Part II as appear...
To continue reading
Request your trial