are agreements between two or more persons carrying on business within the United Kingdom in the supply of services brought under control by the order, or between two or more such persons together with one or more other parties; and

are agreements under which restrictions, in respect of matters specified in the order for the purposes of this paragraph, are accepted by two or more parties.

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

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

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

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

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.

are agreements between two or more persons carrying on business within the United Kingdom in the supply of services brought under control by the order, or between two or more such persons together with one or more other parties; and

are agreements under which provision is made for or in relation to the furnishing by two or more parties to each other or to other persons (whether parties or not) of information with respect to matters specified in the order for the purposes of this paragraph.

the charges made, quoted or paid or to be made, quoted or paid for designated services which have been or are to be supplied, offered or obtained;

the terms or conditions on or subject to which designated services have been or are to be supplied or obtained;

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

the form or manner in which designated services have been or are to be made available, supplied or obtained;

the costs incurred or to be incurred in making available, supplying or obtaining designated services;

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

of services of one or more descriptions specified in that behalf in the order, or

of all services except services of one or more descriptions so specified,

of services of one or more descriptions specified in that behalf in the order; or

of all services except services of one or more descriptions so specified; or

of all services without exception.

for the purposes of any order under section 11 it is immaterial whether any restrictions accepted by parties to an agreement relate to the same or to different matters specified in the order for the purposes of subsection (1)(b) of that section, or have the same or a different effect in relation to any matter so specified, and

for the purposes of any order under section 12 it is immaterial whether any information provision made by an agreement relates to the same or to different matters specified in the order for the purposes of subsection (1)(b) of that section,

for the purposes of the earlier order; or

for the purposes of the subsequent order; or

for the purposes of both orders;

describing the classes of services which, if the order is made, will be services brought under control by the order and will be designated services in relation to the order respectively;

indicating the nature of any limitation to be imposed by the order under section 14 (2) or (3) above; and

specifying a period (not being less than 28 days) within which representations with respect to the proposed order may be made to the Secretary of State.

its membership consists wholly or mainly of persons (in this subsection referred to as “members affected by the order”) who are either engaged in the supply of services brought under control by the order or are employed by or represent persons so engaged; and

its objects or activities include the promotion of the interests of persons engaged in the supply of those services who are either members affected by the order or are persons represented by such members.

as if the agreement were made between all persons who are members of the association or are represented on it by members of the association, and

where any restriction is accepted under the agreement by the association, or any information provision is made in the agreement by the association, as if the like restriction were accepted by, or (as the case may be) the like provision were made by, each of the persons who are members of the association or are so represented.

specific recommendations (whether express or implied) are made by or on behalf of the association to its members, or to any class of its members, and

those recommendations are as to the action to be taken or not to be taken by them in relation to any particular class of services in respect of any matters specified in the order for the purposes of subsection (1)(b) of that section,

specific recommendations (whether express or implied) are made by or on behalf of the association to its members, or to any class of its members, and

those recommendations are as to the furnishing of information in relation to any particular class of services in respect of any matters specified in the order for the purposes of subsection (1)(b) of that section, the relevant provisions have effect in relation to the agreement for the constitution of the association (notwithstanding any provision in the agreement to the contrary) as if that agreement contained the term mentioned in subsection (6) below.

confers privileges or benefits only upon such parties as comply with conditions as to any such matters as are mentioned in subsection (2) of that section; or

imposes obligations upon parties who do not comply with such conditions;

any designated services are made available or supplied by him; or

any services are obtained by him for the purpose of making available or supplying any designated services;

the order referred to in subsection (1) above is an order under section 11, and

any of the restrictions accepted as mentioned in subsection (1)(b) of that section are accepted as between two or more persons by whom, or two or more persons for whom, designated services are to be supplied in pursuance of the agreement,

the order referred to in subsection (1) is an order under section 12, and

the term referred to in subsection (2) is one by which provision is made for the furnishing of information as mentioned in subsection (1)(b) of that section by two or more persons by whom, or two or more persons for whom, designated services are to be supplied in pursuance of the agreement,

any standards (whether being standards of performance in the provision of the services or standards of dimension, design, quality or performance in respect of goods used in providing them) which are either standards approved for the time being by the British Standards Institution or standards prescribed or adopted by an association or other body and for the time being approved by an order made by the Secretary of State by statutory instrument; or

any arrangements either approved by the British Standards Institution, or prescribed or adopted and approved by an order of the Secretary of State, as mentioned in the preceding paragraph, as to the provision of information or advice to persons for whom designated services are supplied or agreed to be supplied.

to restrictions accepted in respect of matters specified in an order under section 11 for the purposes of subsection (1)(b) of that section; or

to information provisions made with respect to matters specified in an order under section 12 for the purposes of subsection (1)(b) of that section;

that the restriction or information provision is reasonably necessary having regard to the character of the services to which it applies, to protect the public against injury (whether to persons or to premises) in connection with the use of those services or in connection with the consumption, installation or use of goods in relation to which those services are supplied;

that the removal of the restriction or information provision would deny to the public as users of any services, or as F3vendors, purchasers, consumers or users of any goods F4or other property in relation to which any services are supplied, other specific and substantial benefits or advantages enjoyed or likely to be enjoyed by them as such, whether by virtue of the restriction or information provision itself or of any arrangements or operations resulting therefrom;

that the restriction or information provision is reasonably necessary to counteract measures taken by any one person not party to the agreement with a view to preventing or restricting competition in or in relation to the trade or business in which the person party thereto are engaged;

that the restriction or information provision is reasonably necessary to enable the persons party to the agreement to negotiate fair terms for the suppply of services to, or for obtaining services from, any one person not party thereto who controls a preponderant part of the trade or business of supplying such services, or for the supply of services to any person not party to the agreement and not carrying on such a trade or business who, either alone or in combination with any other such person, controls a preponderant part of the market for such services;

that, having regard to the conditions actually obtaining or reasonably foreseen at the time of the application, the removal of the restriction or information provision would be likely to have a serious and persistent adverse effect on the general level of unemployment in an area, or in areas taken together, in which a substantial proportion of the trade or industry to which the agreement relates is situated;

that, having regard to the conditions actually obtaining or reasonably foreseen at the time of the application, the removal of the restriction or information provision would be likely to cause a reduction in the volume or earnings of the export business which is substantial either in relation to the whole export business of the United Kingdom or in relation to the whole business (including export business) of the said trade or industry;

that the restriction or information provision is reasonably required for purposes connected with the maintenance of any other restriction accepted or information provision made by the parties, whether under the same agreement or under any other agreement between them, being a restriction or information provision which is found by the Court not to be contrary to the public interest upon grounds other than those specified in this paragraph, or has been so found in previous proceedings before the Court; or

that the restriction or information provision does not directly or indirectly restrict or discourage competition to any material degree in any relevant trade or industry and is not likely to do so;

F5 “vendors” , “purchasers”, “consumers” and “users” include persons F5selling, purchasing, consuming or using for the purpose or in the course of trade or business or for public purposes; and

references to any one person include references to any two or more persons being interconnected bodies corporate or individuals carrying on business in partnership with each other.