Section 3 Interim orders of the Court.

United Kingdom

(1)

Where the Director has made an application under section 1(3) above, he may apply to the Court for an interim order under this section—

(a)

at any time before the Court has made an order under section 2(2) above in respect of the agreement, and

(b)

whether before or after the Court has made a declaration under section 1(3) in respect of the agreement.

(2)

An application under this section shall specify the restrictions or information provisions which appear to the Director, in relation to the agreement to which the application relates—

(a)

to be restrictions or information provisions such as are mentioned in section 1(3), and

(b)

to be contrary to the public interest, and

(c)

to be restrictions or information provisions in respect of which, in accordance with the following provisions of this section, it would be appropriate for an interim order to be made.

(3)

If on an application under this section the Court is satisfied that the following conditions are fulfilled in relation to all or any of the restrictions or information provisions specified in the application—

(a)

that they are restrictions or information provisions such as are mentioned in section 1(3);

(b)

that they could not reasonably be expected to be shown to fall within any of paragraphs (a) to (h) of section 10(1) below or any of paragraphs (a) to (h) of section 19(1) below, as the case may be; and

(c)

that the operation of the restrictions or information provisions, during the period likely to elapse before an order can be made in respect of them under section 2(2), is likely to cause material detriment to the public or a section of the public generally, or to a particular person who is not a party to the agreement;

the Court may, if it thinks fit, make an interim order specifying the restrictions or information provisions in relation to which the Court is satisfied that those conditions are fulfilled.

(4)

Any such interim order may exercise, in respect of the restrictions or information provisions specified in the order, any powers which could be exercised in respect of them by an order under section 2(2) if those restrictions or those information provisions had been found by the Court to be contrary to the public interest.

(5)

At any time when any such interim order is in force the Court, on the application of the Director or of any person who is subject to or entitled to the benefit of any restriction or information provision specified in the order, may discharge the order and substitute for it any interim order which could have been made on the original application under this section.

(6)

An interim order made under this section in respect of an agreement ceases to have effect on the occurrence of whichever of the following first occurs—

(a)

the termination of such period, or the happening of such event, as may be specified for that purpose in the order:

(b)

the discharge of the order by the Court;

(c)

a declaration by the Court that the restrictions or information provisions specified in the interim order are not contrary to the public interest;

(d)

the final determination by the Court of an application under section 2(2) in respect of that agreement.

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)