- Latest available (Revised)
- Point in Time (01/08/2012)
- Original (As enacted)
Version Superseded: 25/04/2013
Point in time view as at 01/08/2012.
Competition Act 1998, SCHEDULE 9 is up to date with all changes known to be in force on or before 21 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 51(2).
Textual Amendments
F1Words in Sch. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(55); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
[F21U.K.In this Schedule “rules” means rules made by the OFT under section 51.]
Textual Amendments
F2Sch. 9 para. 1 substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(2)
2U.K.[F3Rules may make provision—
(a)as to the form and manner in which an application for guidance or an application for a decision must be made;
(b)for the procedure to be followed in dealing with the application;
(c)for the application to be dealt with in accordance with a timetable;
(d)as to the documents and information which must be given to the [F1OFT] in connection with the application;
(e)requiring the applicant to give such notice of the application, to such other persons, as may be specified;
(f)as to the consequences of a failure to comply with any rule made by virtue of sub-paragraph (e);
(g)as to the procedure to be followed when the application is subject to the concurrent jurisdiction of the [F1OFT] and a regulator.]
Textual Amendments
F3Sch. 9 para. 2 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(3) (with reg. 6(2))
3U.K.[F4Rules may make provision as to the procedure to be followed by the [F1OFT] when making a provisional decision under paragraph 3 of Schedule 5 or paragraph 3 of Schedule 6.]
Textual Amendments
F4Sch. 9 para. 3 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(3) (with reg. 6(2))
4U.K.[F5Rules may make provision as to—
(a)the form and manner in which guidance is to be given;
(b)the procedure to be followed if—
(i)the [F1OFT] takes further action with respect to an agreement after giving guidance that it is not likely to infringe the Chapter I prohibition; or
(ii)the [F1OFT] takes further action with respect to conduct after giving guidance that it is not likely to infringe the Chapter II prohibition.]
Textual Amendments
F5Sch. 9 para. 4 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(3) (with reg. 6(2))
5(1)Rules may make provision as to—U.K.
(a)the form and manner in which notice of any decision is to be given;
(b)the person or persons to whom the notice is to be given;
(c)the manner in which the [F1OFT] is to publish a decision;
[F6(d)the procedure to be followed if—
(i)the OFT takes further action with respect to an agreement after having decided that it does not infringe the Chapter I prohibition;
(ii)the OFT takes further action with respect to an agreement after having decided that it does not infringe the prohibition in [F7Article 101(1)];
(iii)the OFT takes further action with respect to conduct after having decided that it does not infringe the Chapter II prohibition; or
(iv)the OFT takes further action with respect to conduct after having decided that it does not infringe the prohibition in [F8Article 102]].
[F9(2)In this paragraph “decision” means a decision of the OFT—
(a)as to whether or not an agreement has infringed the Chapter I prohibition;
(b)as to whether or not an agreement has infringed the prohibition in [F10Article 101(1)];
(c)as to whether or not conduct has infringed the Chapter II prohibition; or
(d)as to whether or not conduct has infringed the prohibition in [F11Article 102]].
Textual Amendments
F6Sch. 9 para. 5(1)(d) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(4)
F7Words in Sch. 9 para. 5(1)(d)(ii) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F8Words in Sch. 9 para. 5(1)(d)(iv) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F9Sch. 9 para. 5(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(5)
F10Words in Sch. 9 para. 5(2)(b) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F11Words in Sch. 9 para. 5(2)(d) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
6U.K.[F12Rules may make provision as to—
(a)the procedure to be followed by the [F1OFT] when deciding whether, in accordance with section 5—
(i)to cancel an individual exemption that [F1it] has granted,
(ii)to vary or remove any of its conditions or obligations, or
(iii)to impose additional conditions or obligations;
(b)the form and manner in which notice of such a decision is to be given.]
Textual Amendments
F12Sch. 9 para. 6 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(6) (with regs. 6(2), 10)
7U.K.[F13Rules may make provision as to—
(a)the form and manner in which an application under section 4(6) for the extension of an individual exemption is to be made;
(b)the circumstances in which the [F1OFT] will consider such an application;
(c)the procedure to be followed by the [F1OFT] when deciding whether to grant such an application;
(d)the form and manner in which notice of such a decision is to be given.]
Textual Amendments
F13Sch. 9 para. 7 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(6) (with reg. 6(2))
[F148U.K.Rules may make provision as to—
(a)the procedure to be followed by the OFT if it cancels a block exemption;
(b)the procedure to be followed by the OFT if it withdraws the benefit of a regulation of the Commission pursuant to Article 29(2) of the EC Competition Regulation.]
Textual Amendments
F14Sch. 9 para. 8 substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(7)
9U.K.Rules may make provision as to—
(a)the circumstances in which the [F1OFT] may—
(i)impose conditions or obligations in relation to a parallel exemption,
(ii)vary or remove any such conditions or obligations,
(iii)impose additional conditions or obligations, or
(iv)cancel the exemption;
(b)as to the procedure to be followed by the [F1OFT] if [F1it] is acting under section 10(5);
(c)the form and manner in which notice of a decision to take any of the steps in sub-paragraph (a) is to be given;
(d)the circumstances in which an exemption may be cancelled with retrospective effect.
10U.K.Rules may, with respect to any exemption provided by regulations made under section 11, make provision similar to that made with respect to parallel exemptions by section 10 or by rules under paragraph 9.
11U.K.[F15Rules may make provision as to the factors which the [F1OFT] may take into account when [F1it] is determining the date on which a direction given under paragraph 4(1) of Schedule 1 or paragraph 2(3) or 9(3) of Schedule 3 is to have effect.]
Textual Amendments
F15Words in Sch. 9 para. 11 cease to have effect (1.5.2007) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(b), Sch. 1 para. 54(8) (with reg. 6(2))
12(1)Rules may make provision as to the circumstances in which the [F1OFT] is to be required, before disclosing information given to [F1it] by a third party in connection with the exercise of any of the [F1OFT’s] functions under Part I, to give notice, and an opportunity to make representations, to the third party.U.K.
(2)In relation to the agreement (or conduct) concerned, “third party” means a person who is not a party to the agreement (or who has not engaged in the conduct).
13U.K.Rules may make provision as to—
(a)the period within which an application under section 47(1) must be made;
(b)the procedure to be followed by the [F1OFT] in dealing with the application;
(c)the person or persons to whom notice of the [F1OFT’s] response to the application is to be given.
14U.K.Rules may make provision as to the procedure to be followed when the [F1OFT] takes action under any of sections [F1632 to 40] with respect to the enforcement of the provisions of this Part.
Textual Amendments
F16Words in Sch. 9 para. 14 substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(9)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: