Section 2 Restrictions against public interest and consequent Court orders.

United Kingdom

(1)

Where under section 1(3) above any restrictions or information provisions by virtue of which this Act applies to an agreement are found by the Court to be contrary to the public interest, the agreement shall be void in respect of those restrictions or those information provisions.

(2)

Without prejudice to subsection (1) above, the Court may, on the Director’s application, make such order as appears to the Court to be proper for restraining all or any of those mentioned in subsection (3) below—

(a)

from giving effect to, or enforcing or purporting to enforce, the agreement in respect of those restrictions or those information provisions;

(b)

from making any other agreement (whether with the same parties or with other parties) to the like effect; or

(c)

where such an agreement as is mentioned in paragraph (b) above has already been made, from giving effect to that agreement or enforcing or purporting to enforce it.

(3)

Those who may be restrained by an order of the Court under subsection (2) above are—

(a)

the persons party to the agreement who carry on business within the United Kingdom;

(b)

a trade association or a services supply association of which any such person is a member; or

(c)

any person acting on behalf of any such association.

(4)

Where any of the parties to an agreement against whom an order under subsection (2) is made is a member of a trade association or of a services supply association, the order may include provisions for restraining the association and any person acting on behalf of the association from procuring or assisting any such party to do anything which would be a contravention of the order in its application to him.

(5)

Where—

(a)

any restriction accepted under a term implied by virtue of section 8(2) below in an agreement for the constitution of a trade association;

(b)

any information provision made under a term implied by virtue of section 8(4) below in an agreement for the constitution of a trade association;

(c)

any restriction accepted under a term implied by virtue of section 16(3) below in an agreement for the constitution of a services supply association;

(d)

any information provision made under a term implied by virtue of section 16(5) below in an agreement for the constitution of a services supply association;

is found by the Court to be contrary to the public interest, the Court may (without prejudice to its powers under this section) make such order as appears to the Court to be proper for restraining the association or any person acting on behalf of the association from making any recommendation to which that term would apply.

(6)

The powers of the Court under this and the preceding section are not affected by the determination of an agreement effected after the commencement of the proceedings, and where an agreement is varied after the commencement of the proceedings, the Court may make a declaration and, if it thinks fit, an order under subsection (2) or subsection (5) above, either in respect of the agreement as at the commencement of the proceedings or in respect of the agreement as varied, or both.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.3.2000) by 1998 c. 41, ss. 1(b), 74(3), Sch. 14 Pt. I (with Sch. 13); S.I. 2000/344, art. 2, Sch.

Notes on Part I

Modifications

C1

Pt. I (ss. 1–5) restricted by Financial Services Act 1986 (c. 60, SIF 69), ss. 127(4)(5), 140, Sch. 11 para. 36(2)

Pt. I (ss. 1-5) restricted (6.3.1997) by 1997/648, art. 33(5)