Paragraph 5 Date of application

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)

Except where paragraph (3) below applies, an application is made (and notification for the purposes of sections 13, 14, 21 or 22, whichever is applicable, is given) on the date on which:

(a)

Form N is received by the Director General of Fair Trading; and

(b)

any fee payable in respect of the application has been paid in accordance with rule 6 below.

(2)

The Director General of Fair Trading shall acknowledge receipt of an application by giving notice in writing to the applicant without delay.

(3)

Where:

(a)

the Director General of Fair Trading; or

(b)

if the Director General of Fair Trading has informed the applicant, in accordance with regulations made under section 54 (concurrency), that a regulator will be exercising prescribed functions (as defined in such regulations) in relation to the agreement or conduct which is the subject of the application, that regulator,

finds that the information submitted as Form N is incomplete he shall, without delay and in any event within one month from the date on which that information was received by the Director General of Fair Trading and any fee payable in respect of the application has been paid in accordance with rule 6 below, give notice in writing to the applicant of which information, by reference to Annex 1 hereto, is outstanding.

(4)

Where the Director has invoked paragraph (3) above he shall give notice in writing to the applicant of such time limit as that Director considers is appropriate for the outstanding information to be received by him.

(5)

Where the Director has invoked paragraph (3) above the application shall be made (and notification for the purposes of sections 13, 14, 21 or 22, whichever is applicable, shall be given) on the date on which he receives the outstanding information and any fee payable in respect of the application has been paid in accordance with rule 6 below.

(6)

If the Director who has invoked paragraph (3) above has not received the outstanding information by the date of expiry of the time limit notified to the applicant under paragraph (4) above, or of such further period, if any, as he considers appropriate, he shall return the information submitted as Form N to the applicant and shall inform him in writing that his application has not been made in accordance with this rule.