Competition Act 1998

Part IVU.K. Supplemental and Transitional

70 Contracts as to patented products etc.U.K.

Sections 44 and 45 of the M1Patents Act 1977 shall cease to have effect.

71 Regulations, orders and rules.U.K.

(1)Any power to make regulations or orders which is conferred by this Act is exercisable by statutory instrument.

(2)The power to make rules which is conferred by section 48 is exercisable by statutory instrument.

(3)Any statutory instrument made under this Act may—

(a)contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b)make different provision for different cases.

(4)No order is to be made under—

(a)section 3,

(b)section 19,

(c)section 36(8),

[F1(ca)section 45(8),]

(d)section 50, or

(e)paragraph 6(3) of Schedule 4,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(5)Any statutory instrument made under this Act, apart from one made—

(a)under any of the provisions mentioned in subsection (4), or

(b)under section 76(3),

shall be subject to annulment by a resolution of either House of Parliament.

72 Offences by bodies corporate etc.U.K.

(1)This section applies to an offence under any of sections 42 to 44, [F265 or 65L to 65N].

(2)If an offence committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of an officer, or

(b)to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(3)In subsection (2) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(4)If the affairs of a body corporate are managed by its members, subsection (2) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(5)If an offence committed by a partnership in Scotland is proved—

(a)to have been committed with the consent or connivance of a partner, or

(b)to be attributable to any neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)In subsection (5) “partner” includes a person purporting to act as a partner.

73 Crown application.U.K.

(1)Any provision made by or under this Act binds the Crown except that—

(a)the Crown is not criminally liable as a result of any such provision;

(b)the Crown is not liable for any penalty under any such provision; and

(c)nothing in this Act affects Her Majesty in her private capacity.

(2)Subsection (1)(a) does not affect the application of any provision of this Act in relation to persons in the public service of the Crown.

(3)Subsection (1)(c) is to be interpreted as if section 38(3) of the M2Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

[F3(4)If an investigation is conducted under section 25 or 65D in respect of an agreement where none of the parties is the Crown or a person in the public service of the Crown, or in respect of conduct otherwise than by the Crown or such a person—

(a)the power conferred by section 27 or (as the case may be) section 65F may not be exercised in relation to land which is occupied by a government department, or otherwise for purposes of the Crown, without the written consent of the appropriate person; and

(b)none of sections 28, 28A, 65G and 65H applies in relation to land so occupied.]

(5)In any case in which consent is required under subsection (4), the person who is the appropriate person in relation to that case is to be determined in accordance with regulations made by the Secretary of State.

(6)Sections 62[F4, 62A] and 63 do not apply in relation to land which is occupied by a government department, or otherwise for purposes of the Crown, unless the matter being investigated is [F5an agreement to which the Crown or a person in the service of the Crown is a party, or conduct by the Crown or such a person].

[F6(6A)In subsections (4) and (6) “agreement” includes a suspected agreement and is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice; and “conduct” includes suspected conduct.]

(7)[F7In subsection (6) “infringement” means an infringement of [F8EU] law relating to Article 85 or 86 of the Treaty establishing the European Community.]

(8)If the Secretary of State certifies that it appears to him to be in the interests of national security that the powers of entry—

(a)conferred by section 27 [F9or 65F], or

(b)that may be conferred by a warrant under [F10section 28, 28A, 62, 62A, 63, 65G or 65H],

should not be exercisable in relation to premises held or used by or on behalf of the Crown and which are specified in the certificate, those powers are not exercisable in relation to those premises.

(9)Any amendment, repeal or revocation made by this Act binds the Crown to the extent that the enactment amended, repealed or revoked binds the Crown.

74 Amendments, transitional provisions, savings and repeals.U.K.

(1)The minor and consequential amendments set out in Schedule 12 are to have effect.

(2)The transitional provisions and savings set out in Schedule 13 are to have effect.

(3)The enactments set out in Schedule 14 are repealed.

75 Consequential and supplementary provision.U.K.

(1)The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any of its provisions or for giving full effect to it.

(2)An order under subsection (1) may, in particular, make provision—

(a)for enabling any person by whom any powers will become exercisable, on a date specified by or under this Act, by virtue of any provision made by or under this Act to take before that date any steps which are necessary as a preliminary to the exercise of those powers;

(b)for making savings, or additional savings, from the effect of any repeal made by or under this Act.

(3)Amendments made under this section shall be in addition, and without prejudice, to those made by or under any other provision of this Act.

(4)No other provision of this Act restricts the powers conferred by this section.

[F1175ARules in relation to Part 2 and Part 2AU.K.

(1)The OFT may make such rules about procedural and other matters in connection with the carrying into effect of the provisions of Parts 2 and 2A as it considers appropriate.

(2)If the OFT is preparing rules under this section it must consult such persons as it considers appropriate.

(3)No rule made by the OFT is to come into operation until it has been approved by an order made by the Secretary of State.

(4)The Secretary of State may approve any rule made by the OFT—

(a)in the form in which it is submitted; or

(b)subject to such modifications as he considers appropriate.

(5)If the Secretary of State proposes to approve a rule subject to modifications he must inform the OFT of the proposed modifications and take into account any comments made by the OFT.

(6)Subsections (3) to (5) apply also to any alteration of the rules made by the OFT.

(7)The Secretary of State may, after consulting the OFT, by order vary or revoke any rules made under this section.

(8)If the Secretary of State considers that rules should be made under this section with respect to a particular matter he may direct the OFT to exercise its powers under this section and make rules about that matter.]

76 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Competition Act 1998.

(2)Sections 71 and 75 and this section and paragraphs 1 to 7 and 35 of Schedule 13 come into force on the passing of this Act.

(3)The other provisions of this Act come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

(4)This Act extends to Northern Ireland.