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CHAPTER V |
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COMPETITION |
Interpretation. |
75. - (1) For the purposes of this Chapter- |
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(a) the 1973 Act is the Fair Trading Act 1973; |
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(b) the 1998 Act is the Competition Act 1998; |
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(c) the Director General is the Director General of Fair Trading. |
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(2) If an expression is used in this Chapter and also in the 1973 Act or the 1998 Act it has the same meaning in this Chapter as it has in the Act concerned. |
Functions exercisable by CAA and Director. |
76. - (1) The functions to which subsections (2) and (3) apply are transferred to the CAA so as to be exercisable concurrently with the Director. |
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(2) This subsection applies to the Director's functions under sections 44, 50, 52, 53, 56A to 56G, 86 and 88 of the 1973 Act so far as they relate to monopoly situations which exist or may exist in relation to the supply of air traffic services. |
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(3) This subsection applies to the Director's functions under the provisions of Part I of the 1998 Act (other than sections 38(1) to (6) and 51) so far as they relate to- |
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(a) agreements, decisions or concerted practices which are of the kind mentioned in section 2(1) of the 1998 Act and which relate to the supply of air traffic services, or |
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(b) conduct which is of the kind mentioned in section 18(1) of the 1998 Act and which relates to the supply of air traffic services. |
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(4) References to the Director in- |
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(a) Part IV and sections 86, 88, 93B(1)(a) and 133(4) of the 1973 Act, and |
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(b) Part I of the 1998 Act (except in sections 38(1) to (6), 51, 52(6) and (8) and 54), |
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must be read as including references to the CAA. |
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(5) But subsection (4) applies- |
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(a) only so far as it is consequential on subsections (1) to (3) above, and |
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(b) only if the context does not otherwise require. |
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(6) If a question arises as to whether subsections (1) to (3) above apply to a particular case the question must be referred to and determined by the Secretary of State. |
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(7) No objection may be taken to anything done by or in relation to the CAA- |
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(a) under Part IV or section 86 or 88 of the 1973 Act, or |
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(b) under Part I of the 1998 Act (except under section 38(1) to (6), 51, 52(6) or (8) or 54), |
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on the ground that it should have been done by or in relation to the Director. |
Carrying out transferred functions. |
77. - (1) For the purposes of this section transferred functions are functions which by virtue of section 76 are transferred to the CAA so as to be exercisable concurrently with the Director. |
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(2) Before the Director or the CAA first carries out transferred functions in relation to a matter he or it must consult the other. |
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(3) If the Director or the CAA has carried out transferred functions in relation to a matter the other must not carry out transferred functions in relation to the matter. |
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(4) If in carrying out transferred functions the CAA makes a reference to the Competition Commission, to help the Commission in its investigation on the reference the CAA must give to it- |
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(a) any information the CAA has which relates to matters within the scope of the investigation and which the Commission requests; |
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(b) any information the CAA has which relates to matters within the scope of the investigation and which the CAA thinks it would be appropriate for it to give without a request; |
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(c) any other help which the CAA is able to give in relation to matters within the scope of the investigation and which the Commission requests. |
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(5) In carrying out the investigation concerned the Commission must take account of any information given under subsection (4). |