Explanatory note

This Order specifies the manner in which the arrangements as defined in section 188 of the Enterprise Act 2002 (“the Act”) are to be considered published for the purposes of section 188A of the Act.

Section 188A of the Act sets out the circumstances in which the cartel offence in section 188 is not committed. It provides that a person does not commit the cartel offence if, under the arrangements, ‘relevant information’ (as defined in section 188A(2) of the Act) would be published before the arrangements are implemented. Publication of the relevant information must be in accordance with the manner prescribed by the Secretary of State in this order.

These arrangements are considered published if they are advertised once in either the London Gazette, the Edinburgh Gazette or the Belfast Gazette.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from https://www.gov.uk/government/consultations/competition-regime-draft-secondary-legislation-part-2 .