SCHEDULES

Section 13.

SCHEDULE 1U.K. Services Excluded from Section 13 (Designated Services)

1Legal services (that is to say, the services of barristers, advocates or solicitors in their capacity as such).

2Medical services (that is to say, the provision of medical or surgical advice or attendance and the performance of surgical operations).

3Dental services (that is to say, any services falling within the practice of dentistry within the meaning of the M1Dentists Act [F11984]).

4Ophthalmic services (that is to say, the testing of sight).

5Veterinary services (that is to say, any services which constitute veterinary surgery within the M2meaning of theVeterinary Surgeons Act 1966.)

[F26The services of nurses]

7The services of midwives, physiotherapists or chiropodists in their capacity as such.

8The services of architects in their capacity as such.

9Accounting and auditing services (that is to say, the making or preparation of accounts or accounting records and the examination, verification and auditing of financial statements).

[F39AInsolvency services within the meaning of section 428 of the Insolvency Act 1986]

[F410The services of registered patent agents (within the meaning of Part V of the Copyright, Designs and Patents Act 1988) in their capacity as such.]

[F510AThe services of persons carrying on for gain in the United Kingdom the business of acting as agents or other representatives of other persons for the purpose of applying for or obtaining European patents or for the purpose of conducting proceedings [F6in relation to applications for or otherwise] in connection with such patents before the European Patent Office or the comptroller and whose names appear on the European list (within the meaning of [F7Part V of the Copyright, Designs and Patents Act 1988]), in their capacity as such persons.]

11The services of parliamentary agents entered in the register in either House of Parliament as agents entitled to practise both in promoting and in opposing Bills, in their capacity as such parliamentary agents.

12The services of surveyors (that is to say, of surveyors of land, of quantity surveyors, of surveyors of buildings or other structures and of surveyors of ships) in their capacity as such surveyors.

13The services of professional engineers or technologists (that is to say, of persons practising or employed as consultants in the field of—

(a)civil engineering;

(b)mechanical, aeronautical, marine, electrical or electronic engineering;

(c)mining, quarrying, soil analysis or other forms of mineralogy or geology;

(d)agronomy, forestry, livestock rearing or ecology;

(e)metallurgy, chemistry, biochemistry or physics; or

(f)any other form of engineering or technology analogous to those mentioned in the preceding sub-paragraphs);

in their capacity as such engineers or technologists.

14Services consisting of the provision—

(a)of primary, secondary or further education within the meaning of the M3Education Act 1944, the Education (Scotland) Acts 1939 to 1971 or the M4Education and Libraries (Northern Ireland) Order 1972, or

(b)of university or other higher education not falling within the preceding sub-paragraph.

15The services of ministers of religion in their capacity as such ministers.

Section 24.

SCHEDULE 2U.K. Furnishing of Particulars of Agreements

1(1)Subject to paragraph 2 below, the duty to furnish particulars in respect of an agreement which at any time is subject to registration shall not be affected by any subsequent variation or determination of the agreement.

(2)If at any time after an agreement has become subject to registration it is varied (whether in respect of the parties or in respect of the terms) or determined otherwise than by effluxion of time, particulars of the variation or determination shall be furnished to the Director.

2(1)The following provisions of this paragraph apply where an agreement becomes subject to registration after it is made.

(2)If, before the expiry of the time within which, apart from this paragraph, particulars would be required to be furnished in respect of the agreement, and before particulars have been so furnished, the agreement is determined (whether by effluxion of time or otherwise), section 24(1) above and paragraph 1 above shall cease to apply to the agreement.

(3)If, before the expiry of that time and before particulars have been furnished in respect of the agreement, the agreement is varied, the particulars to be furnished under section 24 shall be particulars of the agreement as varied, and paragraph 1 above shall not apply in relation to the variation.

3Particulars of an agreement shall—

(a)in so far as the agreement, or any variation or determination of it, is made by an instrument in writing, be furnished by the production of the original or a true copy of the instrument;

(b)in so far as the agreement, or any variation or determination of it, is not made by an instrument in writing, be furnished by the production of a memorandum in writing signed by the person by whom the particulars are furnished.

4(1)Particulars may be furnished by or on behalf of any person who is party to the agreement or, as the case may be, was party thereto immediately before its determination.

(2)Where such particulars are duly furnished by or on behalf of any such person the provisions of section 24 and this Schedule shall be deemed to be complied with on the part of all such persons.

5(1)The following Table shows the time within which particulars of agreements and any variation or determination of an agreement, are to be furnished under section 24 and this Schedule:—

(2)Any reference in the second column of the Table in this paragraph to a period calculated from a specified day is a reference to the period in question inclusive of that day.

Section 28.

SCHEDULE 3U.K. Excepted Agreements

Agreements for statutory purposesU.K.

1(1)This Act does not apply to an agreement which is expressly authorised by an enactment, or by any scheme, order or other instrument made under an enactment.

(2)This Act does not apply to an agreement which constitutes or forms part of a scheme certified by the Secretary of State under Chapter V of Part XIV of the M5Income and Corporation Taxes Act 1970 (which relates to schemes for rationalising industry).

(3)Sub-paragraphs (1) and (2) above have effect in relation to any agreement notwithstanding any order under section 11 or section 12 above.

Exclusive dealingU.K.

2This Act does not apply to an agreement for the supply of goods between two persons, neither of whom is a trade association, being an agreement to which no other person is party and under which no such restrictions as are described in section 6(1) above are accepted or no such information provisions as are described in section 7(1) above are made other than restrictions accepted or provision made for the furnishing of information—

(a)by the party supplying the goods, in respect of the supply of goods of the same description to other persons; or

(b)by the party acquiring the goods, in respect of the sale, or acquisition for sale, of other goods of the same description.

Know-how about goodsU.K.

3This Act does not apply to an agreement between two persons (neither of whom is a trade association) for the exchange of information relating to the operation of processes of manufacture (whether patented or not) where—

(a)no other person is party to the agreement; and

(b)no such restrictions as are described in section 6(1) above are accepted or no such information provisions as are described in section 7(1) above are made under the agreement except in respect of the descriptions of goods to be produced by those processes or to which those processes are to be applied.

Trade marksU.K.

4(1)This Act does not apply to an agreement made in accordance with regulations approved by the Secretary of State under section 37 of the M6Trade Marks Act 1938 (which makes provision as to certification trade marks) authorising the use of such a trade mark, being an agreement under which no such restrictions as are described in section 6(1) above are accepted or no such information provisions as are described in section 7(1) above are made other than restrictions or information provisions permitted by those regulations.

(2)This Act does not apply to an agreement—

(a)between the registered proprietor of a trade mark (other than a certification trade mark) [F11or of a service mark] and a person authorised by the agreement to use the mark subject to registration as a registered user under section 28 of the M7Trade Marks Act 1938 (which makes provision as to registered users); and

(b)under which no such restrictions as are described in section 6(1) [F12or 11(2)] are accepted or no such information provisions as are described in section 7(1) [F13or 12(2)] are made except in respect of—

(i)the descriptions of goods bearing the mark which are to be produced or supplied; or

(ii)the processes of manufacture to be applied to such goods or to goods to which the mark is to be applied [F14or]

[F15(iii)the kinds of services in relation to which the mark is to be used which are to be made available or supplied; or

(iv)the form or manner in which services in relation to which the mark is used are to be made available or supplied; or

(v)the descriptions of goods which are to be produced or supplied in connection with the supply of services in relation to which the mark is to be used; or

(vi)the process of manufacture to be applied to goods which are to be produced or supplied in connection with the supply of services in relation to which the mark is to be used.]

Patents and registered designsU.K.

5(1)Subject to sub-paragraphs (4) to (8) below, this Act does not apply—

(a)to a licence granted by the proprietor or a licensee of a patent or registered design, or by a person who has applied for a patent or for the registration of a design;

(b)to an assignment of a patent or registered design, or of the right to apply for a patent or for the registration of a design; or

(c)to an agreement for such a licence or assignment;

being a licence, assignment or agreement such as is described in sub-paragraph (2) or sub-paragraph (3) below.

(2)The licence, assignment or agreement referred to in sub-paragraph (1) above is in relation to Part II of this Act one under which no such restrictions as are described in section 6(1) above are accepted or no such information provisions as are described in section 7(1) above are made except in respect of—

(a)the invention to which the patent or application for a patent relates, or articles made by the use of that invention; or

(b)articles in respect of which the design is or is proposed to be registered and to which it is applied;

as the case may be.

(3)The licence, assignment or agreement referred to in sub-paragraph (1) above is in relation to Part III of this Act one under which—

(a)in the case of an order under section 11 above, no restrictions in respect of matters specified in the order for the purposes of subsection (1)(b) of that section are accepted except in respect of the invention to which the patent or application for a patent relates; or

(b)in the case of an order under section 12 above, no information provision with respect to matters specified in the order for the purposes of subsection (1)(b) of that section is made except in respect of that invention.

(4)No licence, assignment or agreement is by virtue of sub-paragraph (1) above precluded from being an agreement to which this Act applies if—

(a)it is a patent or design pooling agreement; or

(b)it is a licence, assignment or agreement granted or made in pursuance (directly or indirectly) of a patent or design pooling agreement.

(5)In this paragraph, subject to sub-paragraph (8) below, “patent or design pooling agreement” means an agreement—

(a)to which the parties are or include at least three persons (in this and the following sub-paragraph the “principal parties”) each of whom has an interest in one or more patents or registered designs, and

(b)by which each of the principal parties agrees, in respect of patents or registered designs in which he has an interest, or in respect of patents or registered designs in which he has or may during the currency of the agreement acquire an interest, to grant such an interest as is mentioned in sub-paragraph (6) below.

(6)The grant referred to in sub-paragraph (5) above is—

(a)of an interest in one or more such patents or registered designs to one or more of the other principal parties, or to one or more of those parties and to other persons; or

(b)of an interest in at least one such patent or registered design to a third person for the purpose of enabling that person to grant an interest in it to one or more of the other principal parties, or to one or more of those parties and to other persons;

and “interest”, in relation to a patent or registered design, means an interest as proprietor or licensee of the patent or registered design or an interest consisting of such rights as a person has by virtue of having applied for a patent or for the registration of a design or by virtue of having acquired the right to apply for a patent or for the registration of a design.

(7)For the purposes of sub-paragraphs (4) to (6) above, a licence, assignment or agreement—

(a)shall be taken to be granted or made directly in pursuance of a patent or design pooling agreement if it is granted or made in pursuance of provisions of that agreement such as are mentioned in sub-paragraph (6)(a); and

(b)shall be taken to be granted or made indirectly in pursuance of a patent or design pooling agreement if it is granted or made by a third person to whom an interest has been granted in pursuance of provisions of that agreement such as are mentioned in sub-paragraph (6) (b)

(8)In relation to any interest held by or granted to any two or more persons jointly, sub-paragraphs (5) and (6) apply as if those persons were one person by whom the interest is held or to whom it is granted, and accordingly those persons shall be treated for the purposes of those sub-paragraphs as together constituting one party.

(9)In this paragraph, references—

(a)to an assignment mean, in relation to Scotland, an assignation;

(b)to the registration of designs have effect only in relation to Part II.

CopyrightsU.K.

[F165A(1)This Act does not apply to—

(a)a licence granted by the owner or a licensee of any copyright;

(b)an assignment of any copyright; or

(c)an agreement for such a licence or assignment;

being a licence, assignment or agreement such as is described in sub-paragraph (2) or sub-paragraph (3) below.

(2)The licence, assignment or agreement referred to in sub-paragraph (1) above is in relation to Part II of this Act one under which no such restrictions as are described in section 6(1) above are accepted or no such information provisions as are described in section 7(1) above are made except in respect of the work or other subject-matter in which the copyright subsists or will subsist.

(3)The licence, assignment or agreement referred to in sub-paragraph (1) above is in relation to Part III of this Act one under which—

(a)in the case of an order under section 11 above, no restrictions in respect of matters specified in the order for the purposes of subsection (1)(b) of that section are accepted except in respect of the work or other subject-matter in which the copyright subsists or will subsist; or

(b)in the case of an order under section 12 above, no information provision with respect to matters specified in the order for the purposes of subsection (1)(b) of that section is made except in respect of that work or other subject-matter.

(4)In relation to Scotland references in this paragraph to an assignment mean an assignation.]

[F17Design right]U.K.

5B(1)This Act does not apply to—

(a)a licence granted by the owner or a licensee of any design right,

(b)an assignment of design right, or

(c)an agreement for such a licence or assignment,

if the licence, assignment or agreement is one under which no such restrictions as are described in section 6(1) above are accepted, or no such information provisions as are described in section 7(1) above are made, except in respect of articles made to the design; but subject to the following provisions.

(2)Sub-paragraph (1) does not exclude a licence, assignment or agreement which is a design pooling agreement or is granted or made (directly or indirectly) in pursuance of a design pooling agreement.

(3)In this paragraph a “design pooling agreement” means an agreement—

(a)to which the parties are or include at least three persons (the “principal parties”) each of whom has an interest in one or more design rights, and

(b)by which each principal party agrees, in respect of design right in which he has, or may during the currency of the agreement acquire, an interest to grant an interest (directly or indirectly) to one or more of the other principal parties, or to one or more of those parties and to other persons.

(4)In this paragraph—

• “assignment”, in Scotland, means assignation; and

• “interest” means an interest as owner or licensee of design right.

(5)This paragraph applies to an interest held by or granted to more than one person jointly as if they were one person.

(6)References in this paragraph to the granting of an interest to a person indirectly are to its being granted to a third person for the purpose of enabling him to make a grant to the person in question.

Agreements as to goods with overseas operationU.K.

6(1)This Act does not apply to an agreement in the case of which all such restrictions as are described in section 6(1) above, or all such information provisions as are described in section 7(1) above, relate exclusively—

(a)to the supply of goods by export from the United Kingdom;

(b)to the production of goods, or the application of any process of manufacture to goods, outside the United Kingdom;

(c)to the acquisition of goods to be delivered outside the United Kingdom and not imported into the United Kingdom for entry for home use; or

(d)to the supply of goods to be delivered outside the United Kingdom otherwise than by export from the United Kingdom;

and subsections (2) and (4) of section 8 above do not apply in relation to recommendations relating exclusively to those matters.

(2)The Court’s jurisdiction mentioned in section 1(3) above does not extend to restrictions or to information provisions in respect of matters described in paragraphs (b) to (d) of sub-paragraph (1) above.

Exclusive supply of servicesU.K.

7This Act does not apply to an agreement to which there are no parties other than one person who agrees to supply services and another person for whom they are to be supplied, where neither of those persons is, in relation to any order under Part III of this Act, a services supply association and, except in respect of the supply of services of the same description to, or obtaining services of the same description from, other persons—

(a)in the case of an order under section 11 above, no restrictions are accepted under the agreement by those parties in respect of matters specified in the order for the purposes of subsection (1)(b) of that section; or

(b)in the case of an order under section 12 above, no information provision is made under the agreement with respect to matters specified in the order for the purposes of subsection (1)(b) of that section.

Know-how about servicesU.K.

8This Act does not apply to an agreement between two persons (neither of whom is a services supply association) for the exchange of information relating to techniques or processes to be applied in the provision of designated services where—

(a)no other person is party to the agreement; and

(b)all such restrictions as are mentioned in section 11(1)(b) above which are accepted under the agreement relate exclusively to the form or manner in which services incorporating those techniques or processes are to be made available or supplied.

Agreements for supplying services with overseas operationU.K.

9(1)This Act does not apply to an agreement where—

(a)in the case of an order under section 11 above, all such restrictions as are accepted under the agreement in respect of matters specified in the order for the purposes of subsection (1)(b) of that section (or, in a case falling within section 16(3) above, all the recommendations referred to in that subsection) relate to the supply of services outside the United Kingdom or to the supply of services to persons or in relation to property (of any description, whether movable or immovable) outside the United Kingdom; or

(b)in the case of an order under section 12 above, all such provision as is made under the agreement for or in relation to the furnishing of information with respect to matters specified in the order for the purposes of subsection (1)(b) of that section (or, in a case falling within section 16(5), every such recommendation as is referred to in that subsection) relates to the supply of services as mentioned in paragraph (a) above.

(2)The Court’s jurisdiction mentioned in section 1(3) above does not extend to restrictions or to information provisions—

(a)in respect of the supply of services outside the United Kingdom; or

(b)in respect of the supply of services to persons or in relation to property (of any description, whether movable or immovable) outside the United Kingdom.

Section 44.

SCHEDULE 4U.K. Transitional Provisions and Savings

General provisionsU.K.

1(1)In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act it shall not be invalidated by the repeal but shall have effect as if done under that provision.

(2)Without prejucide to sub-paragraph (1) above, any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act shall, except where the context otherwise requires, be construed as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any corresponding provisions of the repealed enactments.

2Where a document refers expressly or by implication to an enactment repealed by this Act the reference shall (except where the context otherwise requires) be construed as a reference to the corresponding provision of this Act.

3Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, and there is a corresponding provision in this Act, this Act shall have effect as if that corresponding provision had been in force when that period began to run.

Insignificant agreements under the Restrictive Trade Practices Act 1956, s. 12U.K.

4(1)Directions under section 12 of the M8Restrictive Trade Practices Act 1956 in force at the commencement of this Act for the removal from the register of particulars of such agreements as appeared to be of no substantial economic significance continue to have effect by virtue of this paragraph.

(2)Sub-paragraph (1) above does not affect the operation in relation to the agreement of paragraph 1 of Schedule 2 to this Act; and where any such agreement is varied as mentioned in that paragraph—

(a)the particulars to be furnished thereunder shall include all such particulars as would be required in the case of an original agreement in the terms of the agreement as varied;

(b)the directions referred to in sub-paragraph (1) shall cease to have effect, but without prejudice to the Secretary of State’s power to give further directions under section 21(2) above.

Section 18(2) of the Restrictive Trade Practices Act 1956U.K.

5Nothing in this Act affects the right of a person to make an application to the Court in a case where an order is in force against that person under section 18(2) of the M9Restrictive Trade Practices Act 1956.

Disclosure of informationU.K.

6Section 41 above applies in relation to information obtained under or by virtue of—

(a)the Restrictive Trade Practices Act 1956;

(b)the M10Restrictive Trade Practices Act 1968;

as that section applies in relation to information obtained under or by virtue of this Act.

Particulars of certain export agreementsU.K.

7Any particulars furnished to the Board of Trade or to the Secretary of State under section 31(1) of the Restrictive Trade Practices Act 1956 shall be treated as if they had been furnished to the Director under sections 24 and 25 above.

Restrictive Trade Practices Act 1968, s. 11U.K.

8An agreement which—

(a)was made before the commencement of this Act by a society at a time when it was approved for the purposes of section 11 of the Restrictive Trade Practices Act 1968 (wholesale co-operative societies), and

(b)by virtue of that approval was not subject to registration under Part I of the Restrictive Trade Practices Act 1956,

shall, notwithstanding the repeal of that section (by the M11Fair Trading Act 1973), not be subject to registration under this Act.

Section 44.

Schedule 5U.K. Consequential Amendments

Northern Ireland Act 1962 c. 30U.K.

In Part I of Schedule 1 to the Northern Ireland Act 1962 for “The Restrictive Trade Practices Act, 1956” substitute “The Restrictive Trade Practices Act 1976”; and in the adjoining entry for “Section thirteen” substitute “Section twenty-six”.

Plant Varieties and Seeds Act 1964 c. 14U.K.

In section 8 of the Plant Varieties and Seeds Act 1964 for “Part I of the Restrictive Trade Practices Act 1956” substitute “The Restrictive Trade Practices Act 1976”.

Cereals Marketing Act 1965 c. 14U.K.

In paragraph 3 of Schedule 1 to the Cereals Marketing Act 1965 for “Restrictive Trade Practices Act 1956” substitute “Restrictive Trade Practices Act 1976” and for “section 6(8)” substitute “section 43(1)”.

Agriculture Act 1967 c. 22U.K.

In section 9(11) of the Agriculture Act 1967 for “Part I of the Restrictive Trade Practices Act 1956” substitute “the Restrictive Trade Practices Act 1976”.

Livestock Marketing Commission Act (Northern Ireland) 1967 c. 21U.K.

In section 2(6) of the Livestock Marketing Commission Act (Northern Ireland) 1967 for “Part I of the Restrictive Trade Practices Act 1956” substitute “the Restrictive Trade Practices Act 1976”.

Agriculture (Miscellaneous Provisions) Act 1968 c. 34U.K.

In section 45 of the Agriculture (Miscellaneous Provisions) Act 1968—

[F19 Agriculture Act 1970 c. 40]U.K.

In the Agriculture Act 1970—

Fair Trading Act 1973 c. 41U.K.

In the Fair Trading Act 1973—

for “Part I of the Act of 1956” substitute “the Act of 1976”;

Section 44.

Schedule 6U.K. Repeals