Introductory text

As made

COMPETITION

Made 4th October 2005

Laid before Parliament 7th October 2005

Coming into force 31st October 2005

The Secretary of State, being the appropriate Minister under section 56 of the Fair Trading Act^f1 (“the Act”), makes the following Order in exercise of the powers conferred on him by sections 56(2) and 90(2), (4) and (7) of, and paragraphs 1, 6, 9, 10 and 12A of Schedule 8 to, the Act^f2;

The Order is to remedy or prevent the adverse effects which were specified in the report made by the Competition Commission entitled “Veterinary Medicines: A report on the supply within the United Kingdom of prescription-only veterinary medicines”^f3 (“the Competition Commission Report”) which was made following a monopoly reference by the Director General of Fair Trading^f4, on 9th October in accordance with sections 10(3), 10(4), 47(1), 49(1) and 50(1) of the Act;

The then Secretary of State, in accordance with section 91(2) of the Act^f5, published a notice on 18th February 2005 stating her intention to make this Order, indicating the nature of the provisions to be embodied in it and stating that any person whose interests were likely to be affected by it and who wished to make representations in respect of it should do so in writing before 13th May 2005;

The Secretary of State has considered both the representations received and the recommendations of the Competition Commission as required by section 56(3) of the Act:

Annotations

Footnotes

f1: 1973 c. 41.Section 56 was repealed by Schedule 26 to the Enterprise Act 2002 but, in accordance with paragraphs 14 and 19 of Schedule 24 to the Enterprise Act 2002 and SI 2003/1397 (“the saving provisions”), it continues to apply in respect of monopoly references made before 20 June 2003 under section 50 of the Fair Trading Act 1973 .
f2: Section 90 and Schedule 8 were repealed by Schedule 26 to the Enterprise Act 2002 but in accordance with the saving provisions, they continue to apply in respect of monopoly references made before 20 June 2003 under section 50 of the Fair Trading Act 1973.
f3: Cm. 5781.
f4: Pursuant to section 2 of the Enterprise Act 2002 (c. 40) the functions of the Director General of Fair Trading have now been transferred to the Office of Fair Trading and the office of the Director has been abolished.
f5: Section 91(2) was repealed by Schedule 26 to the Enterprise Act 2002 but, pursuant to the saving provisions, it continues to apply in respect of monopoly references made before 20 June 2003 under section 50 of the Fair Trading Act 1973.