Section 73 Crown application.

Any provision made by or under this Act binds the Crown except that—

Subsection (1)(a) does not affect the application of any provision of this Act in relation to persons in the public service of the Crown.

Subsection (1)(c) is to be interpreted as if section 38(3) of the M1Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

F1If an investigation is conducted under section 25 F2... in respect of an agreement where none of the parties is the Crown or a person in the public service of the Crown, or in respect of conduct otherwise than by the Crown or such a person—

In any case in which consent is required under subsection (4), the person who is the appropriate person in relation to that case is to be determined in accordance with regulations made by the Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6In F7subsection (4) “agreement” includes a suspected agreement and is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice; and “conduct” includes suspected conduct.

F8In subsection (6) “infringement” means an infringement of F9EU law relating to Article 85 or 86 of the Treaty establishing the European Community.

If the Secretary of State certifies that it appears to him to be in the interests of national security that the powers of entry—

should not be exercisable in relation to premises held or used by or on behalf of the Crown and which are specified in the certificate, those powers are not exercisable in relation to those premises.

Any amendment, repeal or revocation made by this Act binds the Crown to the extent that the enactment amended, repealed or revoked binds the Crown.