Monopolies and Restrictive Practices Commission Act 1953

JurisdictionUK Non-devolved
Citation1953 c. 51


Monopolies and Restrictive Practices Commission Act , 1953

(1 & 2 Eliz. 2) CHAPTER 51

An Act to make provision for a chairman and deputy chairmen of the Monopolies and Restrictive Practices Commission, and for the tenure of office and superannuation benefits of the chairman and deputy chairmen thereof; to enable functions of the Commission to be exercised by groups of its members; and for purposes connected with the matters aforesaid.

[29th October 1953]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Chairman and deputy chairmen of Commission.

1 Chairman and deputy chairmen of Commission.

(1) The Board of Trade shall appoint one of the members of the Monopolies and Restrictive Practices Commission (hereinafter referred to as ‘the Commission’) to be chairman of the Commission and may appoint not more than three of the other members to be deputy chairmen thereof.

(2) The chairman or any deputy chairman of the Commission appointed under this section shall (save as hereinafter provided) vacate office on the completion of the year of service in the course of which he attains the age of seventy years, and may resign his office at any earlier time by notice in writing to the Board of Trade; and the chairman or any deputy chairman shall be removable by the Board of Trade if in the opinion of the Board he becomes incapable of performing his duties as such or on the ground of misbehaviour:

Provided however that the Board of Trade may by notice in writing given to the chairman or any deputy chairman not less than one month nor more than twelve months before he would otherwise under the foregoing provisions of this subsection have vacated office extend his term of service for a further period not exceeding two years and that such an extension may from time to time by notice similarly given be renewed for one or more successive periods none of which shall exceed two years.

(3) At any time when the chairman of the Commission is absent or otherwise incapable of acting, or there is a vacancy in the office of chairman,—

(a ) such one of the deputy chairmen as the Board of Trade may direct or in default of any such direction such one of them as they may agree, or

(b ) if there is then only one deputy chairman of the Commission, the deputy chairman,

may exercise any of the functions of chairman of the Commission

(4) At any time when every person who is chairman or deputy chairman of the Commission is absent or otherwise incapable of acting, or there is no such person, such member of the Commission as the Board of Trade may direct, or in default of any such direction such member of the Commission as the Commission may agree, may exercise any of the functions of chairman of the Commission.

(5) The provisions of the First Schedule to this Act shall have effect as to pensions and other benefits payable to or in respect of a person who has held the office of chairman or deputy chairman of the Commission.

(6) Subsection (3) of section one of the Monopolies and Restrictive Practices (Inquiry and Control) Act, 1948 (hereinafter referred to as ‘the principal Act’) shall not apply to the chairman or a deputy chairman of the Commission appointed under this Act, and subsection (4) of the said section one is hereby repealed, but without prejudice to any direction thereunder having effect immediately before the passing of this Act.

S-2 Exercise of functions of Commission by groups of members.

2 Exercise of functions of Commission by groups of members.

(1) For the purpose of enabling the functions of the Commission to be exercised, in accordance with the following provisions of this section, in relation to different matters by separate groups of members of the Commission working at the same time, the maximum number of the members of the Commission shall be increased to twenty-five; and accordingly in subsection (2) of section one of the principal Act for the word ‘ten’ there shall be substituted the words ‘twenty-five’.

(2) On any reference to the Commission made, whether before or after the passing of this Act, under section two or twelve of the principal Act (which relate respectively to investigation as to the prevalence of conditions to which the principal Act applies and as to the extent to which recommendations for dealing with such conditions have been carried out) the investigation of the matter or question referred to the Commission shall, if the chairman of the Commission so directs, be made or (if any stage of the investigation has been begun before the direction is given) continued, and the report on the said matter or question made, by a group of not less than five members of the Commission selected by the chairman.

(3) Where, whether before or after the passing of this Act, a report has been required from the Commission under section fifteen of the principal Act (which empowers the Board of Trade to require from the Commission reports on the general effect on the public interest of practices of a specified class) the report shall if the chairman of the Commission so directs be made by such a group as aforesaid.

(4) The chairman of the Commission may appoint one of the members of any such group as aforesaid to act as chairman of the group.

(5) Where during the proceedings of any such group as aforesaid any member of the group ceases to be a member of the Commission,...

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