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Fair Trading Act 1973

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This is the original version (as it was originally enacted).

40Provisions as to interconnected bodies corporate

(1)This section applies to any order made under section 37 or section 39 of this Act.

(2)Where an order to which this section applies is made against a body corporate which is a member of a group of interconnected bodies corporate, the Restrictive Practices Court, on making the order, may direct that it shall be binding upon all members of the group as if each of them were the body corporate against which the order is made.

(3)Where an order to which this section applies has been made against a body corporate, and at a time when that order is in force—

(a)the body corporate becomes a member of a group of interconnected bodies corporate, or

(b)a group of interconnected bodies corporate of which it is a member is increased by the addition of one or more further members,

the Restrictive Practices Court, on the application of the Director, may direct that the order shall thereafter be binding upon each member of the group as if it were the body corporate against which the order was made.

(4)The power conferred by subsection (3) of this section shall be exercisable—

(a)whether, at the time when the original order was made, the body corporate against which it was made was a member of a group of interconnected bodies corporate or not, and

(b)if it was such a member, whether a direction undersubsection (2) of this section was given or not.

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