SCHEDULES

F9SCHEDULE 6 Notification under Chapter II: Procedure

Section 20(2).

Annotations:
Amendments (Textual)

Terms used

1

In this Schedule—

  • “applicant” means the person making an application to which this Schedule applies;

  • “application” means an application under section 21 or an application under section 22;

  • “application for guidance” means an application under section 21;

  • “application for a decision” means an application under section 22;

  • “other party”, in relation to conduct of two or more persons, means one of those persons other than the applicant;

  • “rules” means rules made by the F1OFT under section 51; and

  • “specified” means specified in the rules.

General rules about applications

C12

1

An application must be made in accordance with rules.

2

If the conduct to which an application relates is conduct of two or more persons, the applicant must take all reasonable steps to notify all of the other parties of whom he is aware—

a

that the application has been made; and

b

as to whether it is for guidance or a decision.

3

Notification under sub-paragraph (2) must be in the specified manner.

Annotations:
Modifications etc. (not altering text)
C1

Sch. 6 paras. 2-2C amended (1.3.2000) by S.I. 2000/947, art. 6

Preliminary investigation

3

1

If, after a preliminary investigation of an application, the F1OFT considers that it is likely that the conduct concerned will infringe the Chapter II prohibition, F2it may make a decision (“a provisional decision”) under this paragraph.

2

If the F1OFT makes a provisional decision, F2it must notify the applicant in writing of that decision.

3

When making a provisional decision, the F1OFT must follow such procedure as may be specified.

4

A provisional decision does not affect the final determination of an application.

5

If the F1OFT has given notice to the applicant under sub-paragraph (2) in respect of an application for a decision, he may continue with the application under section 22.

Procedure on application for guidance

4

When determining an application for guidance, the F1OFT must follow such procedure as may be specified.

Procedure on application for a decision

5

1

When determining an application for a decision, the F1OFT must follow such procedure as may be specified.

2

The F1OFT must arrange for the application to be published in such a way as F3it thinks most suitable for F4bringing the application to the attention of those likely to be affected by it, unless F5the OFT is satisfied that it will be sufficient F7... to seek information from one or more particular persons other than the applicant.

3

In determining the application, the F1OFT must take into account any representations made to F6it by persons other than the applicant.

Publication of decisions

6

If the F1OFT determines an application for a decision F8it must publish F8its decision, together with F8its reasons for making it, in such manner as may be specified.

Delay by the F1OFT

7

1

This paragraph applies if the court is satisfied, on the application of a person aggrieved by the failure of the F1OFT to determine an application for a decision in accordance with the specified procedure, that there has been undue delay on the part of the F1OFT in determining the application.

2

The court may give such directions to the F1OFT as it considers appropriate for securing that the application is determined without unnecessary further delay.