The Competition Act 1998 (Office of Fair Trading’s Rules) Order 2004

Time limits and giving notice

18.—(1) Where—

(a)the OFT has taken all reasonable steps to give notice to the persons mentioned in paragraph (3) but has been unable to give such notice or in the OFT’s opinion there is doubt that it has been able to give such notice; or

(b)there are no reasonable steps that can be taken by the OFT to give notice to the persons mentioned in paragraph (3),

the OFT may, instead, take all the steps mentioned in paragraph (2).

(2) The steps mentioned for the purposes of paragraph (1) are the following—

(a)publish a summary of the notice by means of entry in the register maintained by the OFT under rule 20; and

(b)cause a reference to the summary of the notice published in that register to be published in—

(i)the London, Edinburgh and Belfast Gazettes;

(ii)at least one national daily newspaper; and

(iii)if there is in circulation an appropriate trade journal which is published at intervals not exceeding one month, in such trade journal.

(3) The persons mentioned for the purposes of paragraph (1) are the following—

(a)a person under rule 4, 7(1)(a), 7(2), 11(2)(a)(ii), 12(3), 12(6)(a), 13(1), 13(3)(a), 16(5) or 19(8)(b);

(b)the other parties to the agreement in order to consult them under rule 11(1); or

(c)a person in order to consult him under rule 12(4), 14(1), 15(1) or 19(7).

(4) Except where paragraph (1) is applied, where these Rules allow or require notice to be given to a person, such notice shall be treated as having been given on the date on which that person receives it.

(5) Where paragraph (1) is applied, the notice shall be treated as having been given on the date of its publication in accordance with paragraph (2).

(6) Any notice given under these Rules must be in writing.

(7) Where the time prescribed by these Rules for doing any act expires on a day which is not a working day, the act is in time if done at or before 5.30 p.m. on the next following working day.

(8) Where an act done in accordance with these Rules is done on a day which is not a working day, or after 5.30 p.m. on a working day, the act shall be treated as done on the next following working day.

(9) In this rule, “the other parties to the agreement” has the same meaning as in rule 11.