Fair Trading Act 1973

Section 91.

SCHEDULE 9Procedure Preliminary to Laying Draft of Order to which Section 91(1) Applies

1The provisions of this Schedule shall have effect where the Secretary of State proposes to lay before Parliament a draft of any such order as is mentioned in section 91(1) of this Act.

2The Secretary of State shall cause notice of his intention to lay a draft of the order before Parliament to be published in the London Gazette, the Edinburgh Gazette and the Belfast Gazette and in two or more daily newspapers (other than local newspapers), and shall not lay a draft of the order until the end of the period of forty-two days beginning with the day on which the publication of the notice in accordance with this paragraph is completed.

3A notice under this Schedule shall—

(a)state that it is proposed to lay a draft of the order before Parliament;

(b)indicate the nature of the provisions to be embodied in the order;

(c)name a place where a copy of the draft will be available to be seen at all reasonable times ; and

(d)state that any person whose interests are likely to be affected by the order, and who is desirous of making representations in respect of it, should do so in writing (stating his interest and the grounds on which he wishes to make the representations) before the date on which the period mentioned in paragraph 2 of this Schedule is due to expire (specifying that date).

4The Secretary of State shall consider any representation that is duly made with respect to the draft order and is not withdrawn, and, at any time after the date specified in the notice in accordance with sub-paragraph (d) of paragraph 3 of this Schedule, may lay the draft order either—

(a)in the form in which it was made available as stated in the notice in compliance with sub-paragraph (c) of that paragraph, or

(b)in that form subject to such modifications as appear to the Secretary of State to be necessary to ensure that the rights and interests of persons likely to be affected by the provisions of the order are so adjusted as to secure an equitable distribution of any burden imposed by, or any benefit accruing from, any provisions of the order.