Explanatory note

This Order brings into force on 10th November 1999 the repeal of sections 10(2) and 54(5) of the Fair Trading Act 1973 which provide that, on a monopoly reference to the Competition Commission, the Commission may not take any account of any provisions of an agreement in so far as they are provisions by virtue of which it is an agreement to which the Restrictive Trade Practices Act 1976 (1976 c. 33) applies, and may not find that such provisions operate or may be expected to operate against the public interest. It brings into force the repeal of paragraphs 3(1) and (2) of Schedule 8 to the Fair Trading Act 1973. These subparagraphs preclude any order made by the Secretary of State which makes agreements, or their carrying out, unlawful from extending to agreements to which the Restrictive Trade Practices Act 1976 applies. Finally it brings into force paragraphs 40 and 41 of Schedule 13 which make transitional provisions in respect of the repeals commenced by this Order.