Paragraph 24 Application for extension of transitional period

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. rule 26(1)(a)(iv) words revoked by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 38(2)(a)
Sch. rule 26(2)(a) revoked by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 38(2)(b)
Sch. rule 28 revoked by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 38(2)(c)
Sch. rule 30(1)(b)(i) word inserted by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 38(2)(d)(i)
Sch. rule 30(1)(b)(i) words revoked by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 38(2)(d)(ii)
Sch. rule 30(1)(b)(ii) word inserted by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 38(2)(e)(i)
Sch. rule 30(1)(b)(ii) words revoked by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 38(2)(e)(ii)

(1)

An application under paragraph 36 of Schedule 13 for the extension of transitional period shall:

(a)

be submitted in writing either to the Director General of Fair Trading or to a regulator who, in the applicant’s opinion, has concurrent jurisdiction with the Director General of Fair Trading under paragraph 36 of Schedule 13 (“the appropriate Director”);

(b)

comply with paragraph (2) below; and

(c)

include the documents specified in paragraph (3) below.

(2)

An application submitted under paragraph (1) above shall:

(a)

be signed by the applicant or by a duly authorised representative of the applicant;

(b)

contain an explanation of:

(i)

the purpose of the agreement;

(ii)

the basis for the applicant’s belief that there is a transitional period;

(iii)

the need for an extension of the transitional period; and

(iv)

the likely application of the Chapter I prohibition to the agreement at the end of the transitional period, including any grounds for believing that an exemption from that prohibition is likely; and

(c)

specify the length of the transitional period, the date of its expiry and the period of extension applied for.

(3)

The documents specified for the purposes of paragraph (1) above are the following:

(a)

two copies of the application;

(b)

three copies of the agreement, each copy certified by the applicant to be a true copy of the original; and

(c)

where the application is signed by a solicitor or other representative of an applicant, written proof of that representative’s authority to act on that applicant’s behalf.

(4)

If either the Director General of Fair Trading or a regulator:

(a)

refuses an application submitted to him under paragraph (1) above; or

(b)

grants the application, or grants an extension which is of shorter duration than that applied for,

he shall give written notice of his decision to the applicant not less than one month before the date of expiry of the transitional period, specifying, if appropriate, the period of extension granted.

(5)

Where the appropriate Director finds that he does not have jurisdiction to determine an application submitted to him under paragraph (1) above, he shall without delay return it to the applicant.

(6)

Subject to rules 25 and 26(2) below, if the Director General of Fair Trading or a regulator extends a transitional period on his own initiative, he shall give written notice of his decision to each person who he considers is a party to the agreement, specifying the period of extension granted.

(7)

Rules 2 (joint applications), 4 (content of application) and 5(1) and (2) (date of application) above shall apply to an application under this rule with the following modifications:

(a)

Rule 2 shall apply as if the reference to “Form N” were a reference to “the application”, and as if the reference to “Director General of Fair Trading” were a reference to “appropriate Director”;

(b)

Rule 4 shall apply as if:

(i)

the reference in paragraph (1) to “information submitted as Form N” were a reference to “application”;

(ii)

the references in paragraph (2) to “Director” were references to “ appropriate Director”;

(iii)

in paragraph (3) the reference to “Director General of Fair Trading ” were a reference to “appropriate Director”, the words “forming part of Form N” were replaced with the words “required by these rules for an application under paragraph 36 of Schedule 13”, and “the agreement, or the consideration of the conduct, which is the subject of” were omitted; and

(iv)

sub-paragraphs (4)(a) and (b) were replaced with the words “the appropriate Director”; and

(c)

Rule 5(1) shall apply as if the words “Except where paragraph (3) below applies, an” were replaced with the word “The”, and the part in brackets were omitted, and as if in sub-paragraph (1)(a) the reference to “Form N ” were a reference to “the application” and the reference to “Director General of Fair Trading” were a reference to “appropriate Director”; rule 5(2) shall apply as if the reference to “Director General of Fair Trading ” were a reference to “appropriate Director”.

(8)

If the Director General of Fair Trading or a regulator extends a transitional period, he shall publish a notice of that fact, specifying the period of extension granted.