Fair Trading Act 1973
1973 c. 41 · Enacted 25 July 1973 · Extends to United Kingdom
An Act to provide for the appointment of a Director General of Fair Trading and of a Consumer Protection Advisory Committee, and to confer on the Director General and the Committee so appointed, on the Secretary of State, on the Restrictive Practices Court and on certain other courts new functions for the protection of consumers; to make provision, in substitution for the Monopolies and Restrictive Practices (Inquiry and Control) Act 1948 and the Monopolies and Mergers Act 1965, for the matters dealt with in those Acts and related matters, including restrictive labour practices; to amend the Restrictive Trade Practices Act 1956 and the Restrictive Trade Practices Act 1968, to make provision for extending the said Act of 1956 to agreements relating to services, and to transfer to the Director General of Fair Trading the functions of the Registrar of Restrictive Trading Agreements; to make provision with respect to pyramid selling and similar trading schemes; to make new provision in place of section 30(2) to (4) of the Trade Descriptions Act 1968; and for purposes connected with those matters.
Annotations to the whole text
Modifications
- C1
Act applied (3.1.1995) by 1994 c. 40, ss. 7, 82(2)(a)(b), Sch. 2 para. 15
Act applied (E.W.S.) (1.3.1996) by 1986 c. 44, s. 27 (as inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 25; S.I. 1996/218, art. 2)
Act applied (E.W.S.) (1.3.1996) by 1986 c. 44, s. 36A (as inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 43; S.I. 1996/218, art. 2)
Act applied (N.I.) (10.6.1996) by S.I. 1996/275, arts. 18(5), 23(8) (with Sch. 7 paras. 2, 3(2); S.R. 1996/216, art. 2
- C2
Act amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 100(1)
- C3
Act modified (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 30(1)–(3)
- C4
Act restricted by S.I. 1990/593 (N.I. 5), art. 49(1), Sch. 14 Pt. II para. 8
- C5
Act amended (E.W.)(1. 11. 1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 10(1)(a), 12(4), (with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3,Sch.
- C6
Act amended (S.)(21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 108), s. 33(1)(a) (with ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch.1
- C7
Act modified (E.W.)(1. 11. 1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 10(2), 12(4), (with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3,Sch
- C8
Act modified (S.) (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 108), s. 33(2) (with ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1
- C9
Act: power to apply conferred (E.W.)(01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 12(5), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6).
- C10
Act: definitions applied (E.W.)(01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 17(4), 31(9), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6).
- C11
Act modified (E.W.)(01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss.34(1)(2),35(4), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6).
- C12
Act modified (17.2.1994) by S.I. 1993/3160 (N.I. 15), art. 32(1)(a) (with Sch. 9 para. 1).
Contents
- Part I: Introductory
- 1Director General of Fair Trading. Repealed
- 2General functions of Director. Repealed
- 3Consumer Protection Advisory Committee. Repealed
- 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 5Principal functions of Commission. Repealed
- 6Monopoly situation in relation to supply of goods. Repealed
- 7Monopoly situation in relation to supply of services. Repealed
- 8Monopoly situation in relation to exports. Repealed
- 9Monopoly situation limited to part of United Kingdom. Repealed
- 10Supplementary provisions relating to ss. 6 to 9. Repealed
- 11Meaning of “complex monopoly situation”. Repealed
- 12Powers of Secretary of State in relation to functions of Director. Repealed
- Part II: References to Consumer Protection Advisory Committee
- General provisions
- 13Meaning of “consumer trade practice”. Repealed
- 14General provisions as to references to Advisory Committee. Repealed
- 15Exclusion from s. 14 in respect of certain services. Repealed
- 16Restriction on references under s. 14 in respect of certain goods and services. Repealed
- 17Reference to Advisory Committee proposing recommendation to Secretary of State to make an order. Repealed
- 18No such recommendation to be made except in pursuance of reference to which s. 17 applies. Repealed
- 19Scope of recommendation proposed in reference to which s. 17 applies. Repealed
- 20Time-limit and quorum for report on reference to which s. 17 applies. Repealed
- 21Report of Advisory Committee on reference to which s. 17 applies. Repealed
- Order in pursuance of report of Advisory Committee
- 22Order of Secretary of State in pursuance of report on reference to which s. 17 applies. Repealed
- 23Penalties for contravention of order under s. 22.
- 24Offences due to default of other person.
- 25Defences in proceedings under s. 23.
- 26Limitation of effect of orders under s. 22.
- Enforcement of orders
- 27Enforcing authorities.
- 28Power to make test purchases.
- 29Power to enter premises and inspect and seize goods and documents.
- 30Offences in connection with exercise of powers under s. 29.
- 31Notice of test.
- 32Compensation for loss in respect of goods seized under s. 29.
- 33Application of Part II to Northern Ireland.
- Part III: Additional Functions of Director for Protection of Consumers
- 34Action by Director with respect to course of conduct detrimental to interests of consumers. Repealed
- 35Proceedings before Restrictive Practices Court. Repealed
- 36Evidence in proceedings under s. 35. Repealed
- 37Order of, or undertaking given to, Court in proceedings under s. 35. Repealed
- 38Provisions as to persons consenting to or conniving at courses of conduct detrimental to interests of consumers. Repealed
- 39Order of, or undertaking given to, Court in proceedings under s. 38. Repealed
- 40Provisions as to interconnected bodies corporate. Repealed
- 41Concurrent Jurisdiction of other courts in certain cases. Repealed
- 41AMeaning of “relevant Court”. Repealed
- 42Appeals from decisions or orders of courts under Part III. Repealed
- 43Legal aid in proceedings under Part III in Restrictive Practices Court.
- Part IV: Functions of Director and Commission in Relation to Monopoly Situations and Uncompetitive Practices
- Powers for Director to require information
- 44General power for Director to require information. Repealed
- 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 46Supplementary provisions as to requirements to furnish information. Repealed
- Monopoly references
- 47General provisions as to monopoly references Repealed
- 48Monopoly reference limited to the facts. Repealed
- 49Monopoly reference not limited to the facts. Repealed
- 50Monopoly references by Director. Repealed
- 51Monopoly references by Ministers. Repealed
- 52Variation of monopoly reference. Repealed
- 53Publication of monopoly references and variations, and of directions relating to them. Repealed
- 54Report of Commission on monopoly reference. Repealed
- 55Time-limit for report on monopoly reference. Repealed
- 56Order of appropriate Minister on report on monopoly reference. Repealed
- Undertakings as alternative to monopoly reference by Director
- 56AProposals by Director. Repealed
- 56BProposals under section 56A: preparatory steps. Repealed
- 56CProposals under section 56A: exclusion of sensitive information. Repealed
- 56DAcceptance by Secretary of State of proposals under section 56A. Repealed
- 56EReview of undertakings. Repealed
- 56FRelease, variation and replacement of undertakings. Repealed
- 56GPublication of undertakings etc. Repealed
- Part V: Mergers
- Newspaper merger references
- 57Meaning of “newspaper”, “transfer of newspaper or of newspaper assets” and related expressions. Repealed
- 58Prohibition of certain newspaper mergers. Repealed
- 59Newspaper merger reference. Repealed
- 60Time-limit for report on newspaper merger reference. Repealed
- 61Report on newspaper merger reference. Repealed
- 62Enforcement provisions relating to newspaper mergers. Repealed
- Other merger references
- 63Mergers references to which ss. 64 to 75 apply. Repealed
- 64Merger situation qualifying for investigation. Repealed
- 65Enterprises ceasing to be distinct enterprises. Repealed
- 66Time when enterprises cease to be distinct. Repealed
- 66AObtaining control by stages. Repealed
- 67Valuation of assets taken over. Repealed
- 68Supplementary provisions as to merger situations qualifying for investigation. Repealed
- 69Different kinds of merger references. Repealed
- 70Time-limit for report on merger reference. Repealed
- 71Variation of certain merger references. Repealed
- 72Report of Commission on merger reference. Repealed
- 73Order of Secretary of State on report on merger reference. Repealed
- 74Interim order in respect of merger reference. Repealed
- 75Reference in anticipation of merger. Repealed
- Restriction on power to make merger reference where prior notice has been given
- 75AGeneral rule where notice given by acquirer and no reference made within period for considering notice. Repealed
- 75BThe role of the Director. Repealed
- 75CCases where power to refer unaffected. Repealed
- 75DRegulations Repealed
- 75EInterpretation of sections 75A to 75D. Repealed
- 75FPower to amend sections 75B to 75D. Repealed
- Undertakings as alternative to merger reference
- 75GAcceptance of undertakings. Repealed
- 75HPublication of undertakings. Repealed
- 75JReview of undertakings. Repealed
- 75KOrder of Secretary of State where undertaking not fulfilled. Repealed
- Supplementary
- 76Functions of Director in relation to merger situations. Repealed
- 77Associated persons. Repealed
- Part VI: References to Commission other than Monopoly and Merger References
- 78General references. Repealed
- 79References as to restrictive labour practices. Repealed
- 80Variation of reference under Part VI. Repealed
- Part VII: Provisions Relating to References to Advisory Committee or to Commission
- 81Procedure in carrying out investigations Repealed
- 82General provisions as to reports. Repealed
- 83Laying before Parliament and publication of reports. Repealed
- Part VIII: Additional Provisions relating to References to Commission
- 84Public interest. Repealed
- 85Attendance of witnesses and production of documents. Repealed
- 86Director to receive copies of reports. Repealed
- 87Supplementary provisions as to laying reports before Parliament. Repealed
- 88Action by Director in consequence of report of Commission on monopoly or merger reference. Repealed
- 89Interim order after report of Commission under s. 54 or s. 72. Repealed
- 90General provisions as to orders under ss. 56, 73, 74 and 89. Repealed
- 91Procedure relating to orders to which s. 90 applies. Repealed
- 92Investigation of company or association with reference to order to which s. 90 applies. Repealed
- 93Enforcement of orders to which s. 90 applies. Repealed
- 93AEnforcement of undertakings. Repealed
- 93BFalse or misleading information. Repealed
- Part IX: Amendments of Restrictive Trade Practices Acts
- 94Transfer of functions of Registrar to Director.
- 95—106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part X
- 107—117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part XI: Pyramid Selling and Similar Trading Schemes
- 118Trading schemes to which Part XI applies.
- 119Regulations relating to such trading schemes.
- 120Offences under Part XI.
- 121Defences in certain proceedings under Part XI.
- 122Penalties for offences under Part XI.
- 123Enforcement provisions.
- Part XII: Miscellaneous and Supplementary Provisions
- 124Publication of information and advice. Repealed
- 125Annual and other reports of Director. Repealed
- 126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 127Additional power to make orders under Agricultural Marketing Act 1958.
- 128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 129Time-limit for prosecutions.
- 130Notice to Director of intended prosecution. Repealed
- 131Notification of convictions and judgments to Director. Repealed
- 132Offences by bodies corporate.
- 133General restrictions on disclosure of information. Repealed
- 134Provisions as to orders.
- 135Financial provisions.
- 136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 137General interpretation provisions.
- 138Supplementary interpretation provisions.
- 139Amendments, repeals and transitional provisions.
- 140†Short title, citation, commencement and extent.
- Schedule 1: Director General of Fair Trading Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Schedule 2: Consumer Protection Advisory Committee Repealed
- Status of Committee Repealed
- 1Paragraph 1 Repealed
- Tenure of office of members Repealed
- 2Paragraph 2 Repealed
- Tenure of office of chairman and deputy chairman Repealed
- 3Paragraph 3 Repealed
- Remuneration and allowances Repealed
- 4Paragraph 4 Repealed
- General provisions as to sums payable on retirement or death of members Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Procedure of Committee Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Schedule 3
- Part I
- Status of Commission
- 1Paragraph 1
- Tenure of office of regular members
- 2Paragraph 2
- Appointment and tenure of office of chairman and deputy chairmen
- 3Paragraph 3
- Staff
- 4Paragraph 4
- 5Paragraph 5
- Remuneration and allowances
- 6Paragraph 6
- 7Paragraph 7
- General provisions as to sums payable on retirement or death of members
- 8Paragraph 8
- 9Paragraph 9
- Part II: Performance of Functions of Commission
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Schedule 4: Services Excluded from Sections 14 and 109 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 10AParagraph 10A Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- Schedule 5: Goods and Services Referred to in Section 16 Repealed
- Part I: General Restriction Repealed
- 1Paragraph 1 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- IILimited Restriction . . . Repealed
- Schedule 6: Matters Falling Within Scope of Proposals Under Section 17 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Schedule 7: Goods and Services (in addition to those in Schedule 5) Wholly or Partly Excluded from Section 50 Repealed
- Part I: Goods and Services Wholly Excluded Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- IIGoods and Services Partly Excluded Repealed
- IIIGoods Partly Excluded in Relation to Northern Ireland Only Repealed
- Schedule 8: Powers Exercisable by Orders Under Sections 56 and 73
- Part I: Powers Exercisable in all Cases Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 9AParagraph 9A Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- Part II: Powers Exercisable Except in Cases Falling within Section 56(6) Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- Schedule 9: Procedure Preliminary to Laying Draft of Order to which Section 91(1) Applies
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Schedule 10Schedule 10
- Schedule 11: Transitional Provisions and Savings
- General provisions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Reference made to Commission before commencement of Act
- 7Paragraph 7
- Report of Commission made before 5th August 1965
- 8Paragraph 8
- Undertaking given in consequence of report on reference made under repealed enactments
- 9Paragraph 9
- Functions of Director in relation to orders made under Acts of 1948 and 1965
- 10Paragraph 10
- Provisions consequential upon transfer of functions from Registrar to Director
- 11Paragraph 11
- 12, 13Paragraph 12, 13 Repealed
- Pension benefits
- 14Paragraph 14
- 15Paragraph 15
- Trade Descriptions Act 1968, s. 30
- 16Paragraph 16
- Schedule 12ENACTMENTS AMENDED
- Schedule 13ENACTMENTS REPEALED