Explanatory note

This Order specifies an agreement and a description of agreements to which the Restrictive Trade Practices Act 1976 (“the 1979 Act”) is deemed not to apply and never to have applied. By virtue of section 100(1) of the Electricity Act 1989 electricity is treated as goods for the purposes of the 1976 Act. This Order provides that the agreement specified in Article 2(2) of the Order and agreements meeting the description set out in Article 2(4) thereof nevertheless fall outside the provisions of the 1976 Act.