Restrictive Trade Practices (Services) Order 1976

JurisdictionUK Non-devolved
CitationSI 1976/98
Year1976

1976 No. 98

FAIR TRADING

The Restrictive Trade Practices (Services) Order 1976

26thJanuary 1976

22ndMarch 1976

Whereas a notice has been published by the Secretary of State complying with the terms of section 111(2) of the Fair Trading Act 1973(a) (hereinafter referred to as "the Act of 1973") and all the representations made with respect thereto have been taken into consideration:

And whereas a draft of this Order has been laid before Parliament and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State in exercise of powers conferred on her by sections 107 and 110 of the Act of 1973 hereby makes the following Order:—

1.—(1) This Order may be cited as the Restrictive Trade Practices (Services) Order 1976 and shall come into operation on 22nd March 1976.

(2) The Interpretation Act 1889(b) shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

2.—(1) The services brought under control by this Order are all services without exception.

(2) The services described in this Order as designated services are all services except those described in Schedule 4 to the Act of 1973.

3.—(1) It is directed that, subject to the provisions of Part X of the Act of 1973, the agreements to which Part I of the Restrictive Trade Practices Act 1956(c) applies shall include agreements (whether made before or after the passing of the Act of 1973 and whether before or after the making of this Order) which—

(a) are agreements between two or more persons carrying on business

(a) 1973 c. 41.

(b) 1889 c. 63.

(c) 1956 c. 68.

within the United Kingdom in the supply of services brought under control by this Order, or between two or more such persons together with one or more other parties, and

(b) are agreements under which restrictions, in respect of the matters specified in paragraph (2) below for the purposes of section 107(1)(b) of the Act of 1973, are accepted by two or more parties, and

(c) are not agreements described in the Schedule hereto.

(2) The matters specified for the purposes of the said section 107(1)(b) are the following, that is to say—

(a) the charges to be made, quoted or paid for designated services supplied, offered or obtained;

(b) the terms or conditions on or subject to which designated services are to be supplied or obtained;

(c) the extent (if any) to which, or the scale (if any) on which, designated services are to be made available, supplied or obtained;

(d) the form or manner in which designated services are to be made available, supplied or obtained;

(e) the persons or classes of persons for whom or from whom, or the areas or places in or from which, designated services are to be made available or supplied or are to be obtained.

Alan Williams, Minister of State, Department of Prices and Consumer...

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