Fair Trading Act 1973
Fair Trading Act 1973 (1973 c. 41)
- Fair Trading Act 1973 (1973 c. 41)
- Part I Introductory
- 1 Director General of Fair Trading.
- 2 General functions of Director.
- 3 Consumer Protection Advisory Committee.
- 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 5 Principal functions of Commission.
- 6 Monopoly situation in relation to supply of goods.
- 7 Monopoly situation in relation to supply of services.
- 8 Monopoly situation in relation to exports.
- 9 Monopoly situation limited to part of United Kingdom.
- 10 Supplementary provisions relating to ss. 6 to 9.
- 11 Meaning of “complex monopoly situation”.
- 12 Powers of Secretary of State in relation to functions of Director.
- Part II References to Consumer Protection Advisory Committee
- General provisions
- 13 Meaning of “consumer trade practice”.
- 14 General provisions as to references to Advisory Committee.
- 15 Exclusion from s. 14 in respect of certain services.
- 16 Restriction on references under s. 14 in respect of certain goods and services.
- 17 Reference to Advisory Committee proposing recommendation to Secretary of State to make an order.
- 18 No such recommendation to be made except in pursuance of reference to which s. 17 applies.
- 19 Scope of recommendation proposed in reference to which s. 17 applies.
- 20 Time-limit and quorum for report on reference to which s. 17 applies.
- 21 Report of Advisory Committee on reference to which s. 17 applies.
- Order in pursuance of report of Advisory Committee
- 22 Order of Secretary of State in pursuance of report on reference to which s. 17 applies.
- 23 Penalties for contravention of order under s. 22.
- 24 Offences due to default of other person.
- 25 Defences in proceedings under s. 23.
- 26 Limitation of effect of orders under s. 22.
- Enforcement of orders
- 27 Enforcing authorities.
- 28 Power to make test purchases.
- 29 Power to enter premises and inspect and seize goods and documents.
- 30 Offences in connection with exercise of powers under s. 29.
- 31 Notice of test.
- 32 Compensation for loss in respect of goods seized under s. 29.
- 33 Application of Part II to Northern Ireland.
- Part III Additional Functions of Director for Protection of Consumers
- 34 Action by Director with respect to course of conduct detrimental to interests of consumers.
- 35 Proceedings before Restrictive Practices Court.
- 36 Evidence in proceedings under s. 35.
- 37 Order of, or undertaking given to, Court in proceedings under s. 35.
- 38 Provisions as to persons consenting to or conniving at courses of conduct detrimental to interests of consumers.
- 39 Order of, or undertaking given to, Court in proceedings under s. 38.
- 40 Provisions as to interconnected bodies corporate.
- 41 Concurrent Jurisdiction of other courts in certain cases.
- 41A Meaning of “relevant Court”.
- 42 Appeals from decisions or orders of courts under Part III.
- 43 Legal aid in proceedings under Part III in Restrictive Practices Court.
- Part IV Functions of Director and Commission in Relation to Monopoly Situations and Uncompetitive Practices
- Powers for Director to require information
- 44 General power for Director to require information.
- 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 46 Supplementary provisions as to requirements to furnish information.
- Monopoly references
- 47 General provisions as to monopoly references
- 48 Monopoly reference limited to the facts.
- 49 Monopoly reference not limited to the facts.
- 50 Monopoly references by Director.
- 51 Monopoly references by Ministers.
- 52 Variation of monopoly reference.
- 53 Publication of monopoly references and variations, and of directions relating to them.
- 54 Report of Commission on monopoly reference.
- 55 Time-limit for report on monopoly reference.
- 56 Order of appropriate Minister on report on monopoly reference.
- Undertakings as alternative to monopoly reference by Director
- 56A Proposals by Director.
- 56B Proposals under section 56A: preparatory steps.
- 56C Proposals under section 56A: exclusion of sensitive information.
- 56D Acceptance by Secretary of State of proposals under section 56A.
- 56E Review of undertakings.
- 56F Release, variation and replacement of undertakings.
- 56G Publication of undertakings etc.
- Part V Mergers
- Newspaper merger references
- 57 Meaning of “newspaper”, “transfer of newspaper or of newspaper assets” and related expressions.
- 58 Prohibition of certain newspaper mergers.
- 59 Newspaper merger reference.
- 60 Time-limit for report on newspaper merger reference.
- 61 Report on newspaper merger reference.
- 62 Enforcement provisions relating to newspaper mergers.
- Other merger references
- 63 Mergers references to which ss. 64 to 75 apply.
- 64 Merger situation qualifying for investigation.
- 65 Enterprises ceasing to be distinct enterprises.
- 66 Time when enterprises cease to be distinct.
- 66A Obtaining control by stages.
- 67 Valuation of assets taken over.
- 68 Supplementary provisions as to merger situations qualifying for investigation.
- 69 Different kinds of merger references.
- 70 Time-limit for report on merger reference.
- 71 Variation of certain merger references.
- 72 Report of Commission on merger reference.
- 73 Order of Secretary of State on report on merger reference.
- 74 Interim order in respect of merger reference.
- 75 Reference in anticipation of merger.
- Restriction on power to make merger reference where prior notice has been given
- 75A General rule where notice given by acquirer and no reference made within period for considering notice.
- 75B The role of the Director.
- 75C Cases where power to refer unaffected.
- 75D Regulations
- 75E Interpretation of sections 75A to 75D.
- 75F Power to amend sections 75B to 75D.
- Undertakings as alternative to merger reference
- 75G Acceptance of undertakings.
- 75H Publication of undertakings.
- 75J Review of undertakings.
- 75K Order of Secretary of State where undertaking not fulfilled.
- Supplementary
- 76 Functions of Director in relation to merger situations.
- 77 Associated persons.
- Part VI References to Commission other than Monopoly and Merger References
- 78 General references.
- 79 References as to restrictive labour practices.
- 80 Variation of reference under Part VI.
- Part VII Provisions Relating to References to Advisory Committee or to Commission
- 81 Procedure in carrying out investigations
- 82 General provisions as to reports.
- 83 Laying before Parliament and publication of reports.
- Part VIII Additional Provisions relating to References to Commission
- 84 Public interest.
- 85 Attendance of witnesses and production of documents.
- 86 Director to receive copies of reports.
- 87 Supplementary provisions as to laying reports before Parliament.
- 88 Action by Director in consequence of report of Commission on monopoly or merger reference.
- 89 Interim order after report of Commission under s. 54 or s. 72.
- 90 General provisions as to orders under ss. 56, 73, 74 and 89.
- 91 Procedure relating to orders to which s. 90 applies.
- 92 Investigation of company or association with reference to order to which s. 90 applies.
- 93 Enforcement of orders to which s. 90 applies.
- 93A Enforcement of undertakings.
- 93B False or misleading information.
- Part IX Amendments of Restrictive Trade Practices Acts
- 94 Transfer of functions of Registrar to Director.
- 95—106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 107—117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Part XI Pyramid Selling and Similar Trading Schemes
- 118 Trading schemes to which Part XI applies.
- 119 Regulations relating to such trading schemes.
- 120 Offences under Part XI.
- 121 Defences in certain proceedings under Part XI.
- 122 Penalties for offences under Part XI.
- 123 Enforcement provisions.
- Part XII Miscellaneous and Supplementary Provisions
- 124 Publication of information and advice.
- 125 Annual and other reports of Director.
- 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 127 Additional power to make orders under Agricultural Marketing Act 1958.
- 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 129 Time-limit for prosecutions.
- 130 Notice to Director of intended prosecution.
- 131 Notification of convictions and judgments to Director.
- 132 Offences by bodies corporate.
- 133 General restrictions on disclosure of information.
- 134 Provisions as to orders.
- 135 Financial provisions.
- 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 137 General interpretation provisions.
- 138 Supplementary interpretation provisions.
- 139 Amendments, repeals and transitional provisions.
- 140 †Short title, citation, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Director General of Fair Trading
- SCHEDULE 2 Consumer Protection Advisory Committee
- Status of Committee
- Tenure of office of members
- Tenure of office of chairman and deputy chairman
- Remuneration and allowances
- General provisions as to sums payable on retirement or death of members
- Procedure of Committee
- Status of Commission
- Tenure of office of regular members
- Appointment and tenure of office of chairman and deputy chairmen
- Staff
- Remuneration and allowances
- General provisions as to sums payable on retirement or death of members
- Part II Performance of Functions of Commission
- SCHEDULE 4 Services Excluded from Sections 14 and 109
- SCHEDULE 5 Goods and Services Referred to in Section 16
- Part I General Restriction
- Part II Limited Restriction . . .
- SCHEDULE 6 Matters Falling Within Scope of Proposals Under Section 17
- SCHEDULE 7 Goods and Services (in addition to those in Schedule 5) Wholly or Partly Excluded from Section 50
- Part I Goods and Services Wholly Excluded
- Part II Goods and Services Partly Excluded
- Part III Goods Partly Excluded in Relation to Northern Ireland Only
- SCHEDULE 8 Powers Exercisable by Orders Under Sections 56 and 73
- Part I Powers Exercisable in all Cases
- Part II Powers Exercisable Except in Cases Falling within Section 56(6)
- SCHEDULE 9 Procedure Preliminary to Laying Draft of Order to which Section 91(1) Applies
- SCHEDULE 11 Transitional Provisions and Savings
- General provisions
- Reference made to Commission before commencement of Act
- Report of Commission made before 5th August 1965
- Undertaking given in consequence of report on reference made under repealed enactments
- Functions of Director in relation to orders made under Acts of 1948 and 1965
- Provisions consequential upon transfer of functions from Registrar to Director
- Pension benefits
- Trade Descriptions Act 1968, s. 30
- SCHEDULE 12 ENACTMENTS AMENDED
- SCHEDULE 13 ENACTMENTS REPEALED
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