Explanatory note

These Regulations make provision for the Office of Fair Trading (“OFT”) and the regulators who can exercise functions of the OFT under Part 1 of the Competition Act 1998 (c. 41) concurrently with it to co-ordinate the performance of those functions.

Regulation 3 provides for a competent person (meaning the OFT or any of the regulators) to circulate information for the purposes of determining which of their number may exercise Part 1 functions in relation to a case.

Regulation 4 sets out the steps that must be taken before a competent person exercises prescribed functions (as defined in regulation 2) in relation to a case.

Regulation 5 provides the procedure for determining which competent person is to exercise prescribed functions in a particular case when agreement has not been reached on this issue in accordance with regulation 4.

Regulation 6 makes provision for the circumstances in which the exercise of prescribed functions by a competent person in relation to a case precludes the exercise of those functions by another competent person.

Regulation 7 makes provision for a competent person who has exercised Part 1 functions (as defined in regulation 2) in relation to a case to transfer that case to another competent person.

Regulation 8 makes provision for the appointment of an officer of one competent person to act as the officer of another competent person in relation to a case.

Regulation 9 makes provision for the service of notices.

Regulation 10 revokes the Competition Act 1998 (Concurrency) Regulations 2000 (S.I. 2000/260).

A Regulatory Impact Assessment has been prepared. A copy can be obtained from the Modernisation Project Team, Consumer and Competition Policy Directorate, Bay 606, 1 Victoria Street, London SW1H OET, telephone 020 7215 2174. A copy can also be found at http://www.dti.gov.uk/ccp/consultations.htm.