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"(2) If, having sought the advice of the Director, it appears to the Secretary of State, in relation to some or all of the provisions of a relevant agreement, that the conditions mentioned in subsection (3) are satisfied, he may make a declaration to that effect. |
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(3) The conditions are that- |
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(a) the provisions in question do not have, and are not intended or likely to have, to any significant extent the effect of restricting, distorting or preventing competition; or |
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(b) the effect of restricting, distorting or preventing competition which the provisions in question do have or are intended or are likely to have, is not greater than is necessary- |
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(i) in the case of a relevant agreement falling within subsection (1)(a), for securing the appointment by holders of regional Channel 3 licences of a single body corporate to be the appointed news provider for the purposes of section 31(2), or
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(ii) in the case of a relevant agreement falling within subsection (1)(b), for compliance by them with conditions included in their licences by virtue of section 31(1) and (2).
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(4) If the Secretary of State makes a declaration under this section, the Chapter I prohibition does not apply to the agreement to the extent to which the agreement consists of provisions to which the declaration relates. |
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(5) If the Secretary of State is satisfied that there has been a material change of circumstances, he may- |
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(a) revoke a declaration made under this section, if he considers that the grounds on which it was made no longer exist; |
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(b) vary such a declaration, if he considers that there are grounds for making a different declaration, or |
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(c) make a declaration, even though he has notified the Director of his intention not to do so. |
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(6) If the Secretary of State makes, varies or revokes a declaration under this section, he must notify the Director of his decision. |
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(7) The Director may not exercise any Chapter III powers in respect of a relevant agreement, unless- |
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(a) he has notified the Secretary of State of his intention to do so; and |
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(b) the Secretary of State- |
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(i) has notified the Director that he has not made a declaration in respect of the agreement, or provisions of the agreement, under this section and that he does not intend to make such a declaration; or
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(ii) has revoked a declaration under this section and a period of six months beginning with the date on which the revocation took effect has expired.
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(8) If the Director proposes to exercise any Chapter III powers in respect of a relevant agreement, he must give the Secretary of State particulars of the agreement and such other information- |
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(a) as he considers will assist the Secretary of State to decide whether to exercise his powers under this section; or |
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(b) as the Secretary of State may request. |
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(9) In this section- |
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"the Chapter I prohibition" means the prohibition imposed by section 2(1) of the Competition Act 1998; |
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"Chapter III powers" means the powers given to the Director by Chapter III of Part I of that Act so far as they relate to the Chapter I prohibition; |
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"Director" means the Director General of Fair Trading; |
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"regional Channel 3 licence" has the same meaning as in Part I; |
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and expressions used in this section which are also used in Part I of the Competition Act 1998 are to be interpreted in the same way as for the purposes of that Part of that Act. |
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(10) In this section references to an agreement are to be read as applying equally to, or in relation to, a decision or concerted practice. |
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(11) In the application of this section to decisions and concerted practices, references to provisions of an agreement are to be read as references to elements of a decision or concerted practice." |