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PART III |
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AGREEMENTS MADE BEFORE THE COMMENCEMENT DATE |
| The general rule |
| 6. This Part of this Schedule applies to agreements made, decisions taken or practices adopted before the commencement date. |
| 7. - (1) The Chapter I prohibition does not apply to an agreement, decision or practice- |
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(a) at any time when it is the subject of continuing proceedings; or |
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(b) during the transitional period. |
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(2) If the Chapter I prohibition does not apply to an agreement, decision or practice because of sub-paragraph (1)(a), the RTPA or RPA continues to have effect so far as it relates to the agreement. |
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(3) If an agreement, decision or practice relates to goods of a class which is the subject of continuing proceedings under section 16 or 17 of the RPA- |
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(a) the Chapter I prohibition does not apply to it while the proceedings are continuing, but |
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(b) the RPA continues to apply to it while they are proceeding. |
| The transitional period |
| 8. - (1) There is no transitional period for an agreement, decision or practice if, immediately before the commencement date- |
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(a) it is void under section 2(1) or 35(1)(a) of the RTPA; or |
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(b) it is unlawful under section 1, 2 or 11, or void under section 9, of the RPA. |
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(2) There is no transitional period for an agreement, decision or practice in respect of which there are continuing proceedings to the extent to which the agreement, decision or practice is, as a result of those proceedings, void or unlawful. |
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(3) In any case for which there is a transitional period, that period begins- |
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(a) if the agreement, decision or practice is the subject of continuing proceedings, when the proceedings come to an end; and |
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(b) otherwise, on the commencement date. |
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(4) In the case of an agreement to which the RTPA does not apply by virtue of- |
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(a) section 100 of the Electricity Act 1989, |
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(b) section 62 of the Gas Act 1986, or |
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(c) an order made under either of those sections, |
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the transitional period is five years. |
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(5) In the case of an agreement to which the RTPA does not apply by virtue of section 131(1) of the Railways Act 1993, the transitional period is five years. |
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(6) In the case of a restriction or information provision which before the commencement date the Court has found not to be contrary to the public interest, the transitional period is five years. |
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(7) In the case of an agreement, decision or practice relating to goods which immediately before the commencement date are exempt under section 14 of the RPA, the transitional period is five years, unless sub-paragraph (2) applies. |
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(8) In the case of an agreement, decision or practice relating to goods- |
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(a) which at the commencement date are the subject of continuing proceedings, and |
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(b) which at the conclusion of the proceedings are found to be exempt under section 14 of the RPA, |
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the transitional period is five years. |
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(9) Otherwise, the transitional period is one year. |
| Investigations, and notice ending the transitional period |
| 9. - (1) The Director may conduct an investigation if he has a reasonable suspicion that there is an agreement, decision or practice which, but for the transitional period, would infringe the Chapter I prohibition. |
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(2) The provisions of sections 27, 29 and 31 apply for the purposes of an investigation under sub-paragraph (1) as they apply for the purposes of an investigation under section 26. |
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(3) If the Director is satisfied that there is an agreement, decision or practice which, but for the transitional period, would infringe the Chapter I prohibition, he may issue a notice proposing a date on which the transitional period is to end. |
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(4) Copies of a notice under sub-paragraph (3) must be given to- |
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(a) each of the parties concerned, and |
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(b) the Secretary of State, |
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not less than 28 days before the date proposed. |
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(5) In relation to the agreement, decision or practice to which a notice under sub-paragraph (3) applies, the transitional period (if it has not already ended) ends on the date proposed unless, before that date, the notice is- |
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(a) withdrawn by the Director; or |
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(b) cancelled by the Secretary of State. |
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(6) If a notice under sub-paragraph (3) is withdrawn or cancelled, the Director may issue a further notice in respect of the same agreement, decision or practice only if he is satisfied that there has been a material change of circumstance since the withdrawal or cancellation. |
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(7) If, by virtue of paragraph 8(7) or (8), there is a transitional period for an agreement, decision or practice relating to goods- |
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(a) which immediately before the commencement date are exempt under section 14 of the RPA, or |
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(b) which at the conclusion of continuing proceedings are found to be exempt under section 14 of the RPA, |
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the period is not affected by sub-paragraphs (1) to (5) of this paragraph. |
| Extension of one year transitional period |
| 10. - (1) A party to an agreement, decision or practice for which the transitional period is one year may apply to the Director not less than three months before the end of that year for the transitional period to be extended. |
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(2) A party to an agreement, decision or practice for which there is a transitional period which has been extended under this paragraph may apply to the Director, not later in the transitional period than may be specified in rules made by the Director under section 51. |
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(3) On an application under this paragraph, the Director may extend the transitional period by 6 months. |
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(4) An application under this paragraph must be in such form as may be prescribed by rules made by the Director under section 51 and must include such documents and information as may be required in accordance with such rules. |