Section 40 Order under s. 56 of Fair Trading Act 1973.
United Kingdom
The Court may, upon application made by any person who desires to make an agreement—
which, if made, would be an agreement to which this Act applies, and
is one the making of which is unlawful by virtue of any order in force under section 56 of the M1Fair Trading Act 1973 or having effect as if made under that section,
declare whether or not any restrictions or information provisions by virtue of which this Act would apply to the agreement (not being such restrictions or information provisions as are described in paragraphs (b) to (d) of paragraph 6(1) of Schedule 3 to this Act) are contrary to the public interest.
The provisions of section 2(1) to (4) above apply with the necessary modifications in relation to any such declaration as they apply in relation to a finding under that section.
Where an application is made to the Court under subsection (1) above and—
on that application the Court makes a declaration under that subsection in relation to a restriction proposed to be accepted or an information provision proposed to be made under an agreement, and
by virtue of an order under section 56 of the 1973 Act which is for the time being in force, the making or carrying out of an agreement under which that restriction was accepted or that information provision was made would be unlawful,
the order under section 56 of the 1973 Act shall cease to have effect in so far as it renders unlawful the making or carrying out of an agreement under which that restriction is accepted or that information provision is made.
The Director shall be the respondent to any application made under this section; and the provisions of section 10 or section 19 above apply with the necessary modifications in relation to proceedings on any such application as they apply in relation to the proceedings mentioned in that section.
Annotations
Marginal citations
- M1
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Act repealed (1.3.2000) by 1998 c. 41, ss. 1(b), 74(3), Sch. 14 Pt.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.