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Revised Statute from The UK Statute Law Database

Fair Trading Act 1973 (c.41)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Fair Trading Act 1973

1973 CHAPTER 41

Contents

Go to Preamble

  1. Part I

    Introductory

    1. 1. Director General of Fair Trading

    2. 2. General functions of Director

    3. 3. Consumer Protection Advisory Committee

    4. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. 5. Principal functions of Commission

    6. 6. Monopoly situation in relation to supply of goods

    7. 7. Monopoly situation in relation to supply of services

    8. 8. Monopoly situation in relation to exports

    9. 9. Monopoly situation limited to part of United Kingdom

    10. 10. Supplementary provisions relating to ss. 6 to 9

    11. 11. Meaning of “complex monopoly situation”

    12. 12. Powers of Secretary of State in relation to functions of Director

  2. Part II

    References to Consumer Protection Advisory Committee

    1. General provisions

      1. 13. Meaning of “consumer trade practice”

      2. 14. General provisions as to references to Advisory Committee

      3. 15. Exclusion from s. 14 in respect of certain services

      4. 16. Restriction on references under s. 14 in respect of certain goods and services

      5. 17. Reference to Advisory Committee proposing recommendation to Secretary of State to make an order

      6. 18. No such recommendation to be made except in pursuance of reference to which s. 17 applies

      7. 19. Scope of recommendation proposed in reference to which s. 17 applies

      8. 20. Time-limit and quorum for report on reference to which s. 17 applies

      9. 21. Report of Advisory Committee on reference to which s. 17 applies

    2. Order in pursuance of report of Advisory Committee

      1. 22. Order of Secretary of State in pursuance of report on reference to which s. 17 applies

      2. 23. Penalties for contravention of order under s. 22

      3. 24. Offences due to default of other person

      4. 25. Defences in proceedings under s. 23

      5. 26. Limitation of effect of orders under s. 22

    3. Enforcement of orders

      1. 27. Enforcing authorities

      2. 28. Power to make test purchases

      3. 29. Power to enter premises and inspect and seize goods and documents

      4. 30. Offences in connection with exercise of powers under s. 29

      5. 31. Notice of test

      6. 32. Compensation for loss in respect of goods seized under s. 29

      7. 33. Application of Part II to Northern Ireland

  3. Part III

    Additional Functions of Director for Protection of Consumers

    1. 34. Action by Director with respect to course of conduct detrimental to interests of consumers

    2. 35. Proceedings before Restrictive Practices Court

    3. 36. Evidence in proceedings under s. 35

    4. 37. Order of, or undertaking given to, Court in proceedings under s. 35

    5. 38. Provisions as to persons consenting to or conniving at courses of conduct detrimental to interests of consumers

    6. 39. Order of, or undertaking given to, Court in proceedings under s. 38

    7. 40. Provisions as to interconnected bodies corporate

    8. 41. Concurrent Jurisdiction of other courts in certain cases

    9. 41A. Meaning of “relevant Court”

    10. 42. Appeals from decisions or orders of courts under Part III

    11. 43. Legal aid in proceedings under Part III in Restrictive Practices Court

  4. Part IV

    Functions of Director and Commission in Relation to Monopoly Situations and Uncompetitive Practices

    1. Powers for Director to require information

      1. 44. General power for Director to require information

      2. 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 46. Supplementary provisions as to requirements to furnish information

    2. Monopoly references

      1. 47. General provisions as to monopoly references

      2. 48. Monopoly reference limited to the facts

      3. 49. Monopoly reference not limited to the facts

      4. 50. Monopoly references by Director

      5. 51. Monopoly references by Ministers

      6. 52. Variation of monopoly reference

      7. 53. Publication of monopoly references and variations, and of directions relating to them

      8. 54. Report of Commission on monopoly reference

      9. 55. Time-limit for report on monopoly reference

      10. 56. Order of appropriate Minister on report on monopoly reference

    3. Undertakings as alternative to monopoly reference by Director

      1. 56A. Proposals by Director

      2. 56B. Proposals under section 56A: preparatory steps

      3. 56C. Proposals under section 56A: exclusion of sensitive information

      4. 56D. Acceptance by Secretary of State of proposals under section 56A

      5. 56E. Review of undertakings

      6. 56F. Release, variation and replacement of undertakings

      7. 56G. Publication of undertakings etc

  5. Part V

    Mergers

    1. Newspaper merger references

      1. 57. Meaning of “newspaper”, “transfer of newspaper or of newspaper assets” and related expressions

      2. 58. Prohibition of certain newspaper mergers

      3. 59. Newspaper merger reference

      4. 60. Time-limit for report on newspaper merger reference

      5. 61. Report on newspaper merger reference

      6. 62. Enforcement provisions relating to newspaper mergers

    2. Other merger references

      1. 63. Mergers references to which ss. 64 to 75 apply

      2. 64. Merger situation qualifying for investigation

      3. 65. Enterprises ceasing to be distinct enterprises

      4. 66. Time when enterprises cease to be distinct

      5. 66A. Obtaining control by stages

      6. 67. Valuation of assets taken over

      7. 68. Supplementary provisions as to merger situations qualifying for investigation

      8. 69. Different kinds of merger references

      9. 70. Time-limit for report on merger reference

      10. 71. Variation of certain merger references

      11. 72. Report of Commission on merger reference

      12. 73. Order of Secretary of State on report on merger reference

      13. 74. Interim order in respect of merger reference

      14. 75. Reference in anticipation of merger

    3. Restriction on power to make merger reference where prior notice has been given

      1. 75A. General rule where notice given by acquirer and no reference made within period for considering notice

      2. 75B. The role of the Director

      3. 75C. Cases where power to refer unaffected

      4. 75D. Regulations

      5. 75E. Interpretation of sections 75A to 75D

      6. 75F. Power to amend sections 75B to 75D

    4. Undertakings as alternative to merger reference

      1. 75G. Acceptance of undertakings

      2. 75H. Publication of undertakings

      3. 75J. Review of undertakings

      4. 75K. Order of Secretary of State where undertaking not fulfilled

    5. Supplementary

      1. 76. Functions of Director in relation to merger situations

      2. 77. Associated persons

  6. Part VI

    References to Commission other than Monopoly and Merger References

    1. 78. General references

    2. 79. References as to restrictive labour practices

    3. 80. Variation of reference under Part VI

  7. Part VII

    Provisions Relating to References to Advisory Committee or to Commission

    1. 81. Procedure in carrying out investigations

    2. 82. General provisions as to reports

    3. 83. Laying before Parliament and publication of reports

  8. Part VIII

    Additional Provisions relating to References to Commission

    1. 84. Public interest

    2. 85. Attendance of witnesses and production of documents

    3. 86. Director to receive copies of reports

    4. 87. Supplementary provisions as to laying reports before Parliament

    5. 88. Action by Director in consequence of report of Commission on monopoly or merger reference

    6. 89. Interim order after report of Commission under s. 54 or s. 72

    7. 90. General provisions as to orders under ss. 56, 73, 74 and 89

    8. 91. Procedure relating to orders to which s. 90 applies

    9. 92. Investigation of company or association with reference to order to which s. 90 applies

    10. 93. Enforcement of orders to which s. 90 applies

    11. 93B. False or misleading information

  9. Part IX

    Amendments of Restrictive Trade Practices Acts

    1. 94. Transfer of functions of Registrar to Director

    2. 95—106... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  10. Part X

    1. 107—117... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  11. Part XI

    Pyramid Selling and Similar Trading Schemes

    1. 118. Trading schemes to which Part XI applies

    2. 119. Regulations relating to such trading schemes

    3. 120. Offences under Part XI

    4. 121. Defences in certain proceedings under Part XI

    5. 122. Penalties for offences under Part XI

    6. 123. Enforcement provisions

  12. Part XII

    Miscellaneous and Supplementary Provisions

    1. 124. Publication of information and advice

    2. 125. Annual and other reports of Director

    3. 126.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. 127. Additional power to make orders under Agricultural Marketing Act 1958

    5. 128.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. 129. Time-limit for prosecutions

    7. 130. Notice to Director of intended prosecution

    8. 131. Notification of convictions and judgments to Director

    9. 132. Offences by bodies corporate

    10. 133. General restrictions on disclosure of information

    11. 134. Provisions as to orders

    12. 135. Financial provisions

    13. 136.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    14. 137. General interpretation provisions

    15. 138. Supplementary interpretation provisions

    16. 139. Amendments, repeals and transitional provisions

    17. 140.†Short title, citation, commencement and extent

  13. SCHEDULE 1

    Director General of Fair Trading

  14. SCHEDULE 2

    Consumer Protection Advisory Committee

  15. SCHEDULE 3

  16. SCHEDULE 4

    Services Excluded from Sections 14 and 109

  17. SCHEDULE 5

    Goods and Services Referred to in Section 16

  18. SCHEDULE 6

    Matters Falling Within Scope of Proposals Under Section 17

  19. SCHEDULE 7

    Goods and Services (in addition to those in Schedule 5) Wholly or Partly Excluded from Section 50

  20. SCHEDULE 8

    Powers Exercisable by Orders Under Sections 56 and 73

  21. SCHEDULE 9

    Procedure Preliminary to Laying Draft of Order to which Section 91(1) Applies

  22. SCHEDULE 10

  23. SCHEDULE 11

    Transitional Provisions and Savings

  24. SCHEDULE 12

    ENACTMENTS AMENDED

  25. SCHEDULE 13

    ENACTMENTS REPEALED

An Act to provide for the appointment of a Director General of Fair Trading and of a Consumer Protection Advisory Committee, and to confer on the Director General and the Committee so appointed, on the Secretary of State, on the Restrictive Practices Court and on certain other courts new functions for the protection of consumers; to make provision, in substitution for the Monopolies and Restrictive Practices (Inquiry and Control) Act 1948 and the Monopolies and Mergers Act 1965, for the matters dealt with in those Acts and related matters, including restrictive labour practices; to amend the Restrictive Trade Practices Act 1956 and the Restrictive Trade Practices Act 1968, to make provision for extending the said Act of 1956 to agreements relating to services, and to transfer to the Director General of Fair Trading the functions of the Registrar of Restrictive Trading Agreements; to make provision with respect to pyramid selling and similar trading schemes; to make new provision in place of section 30(2) to (4) of the Trade Descriptions Act 1968; and for purposes connected with those matters.

[25th July 1973]

Annotations:

Modifications etc. (not altering text)

C1Act applied (3.1.1995) by 1994 c. 40, ss. 7, 82(2)(a)(b), Sch. 2 para. 15

Act applied (E.W.S.) (1.3.1996) by 1986 c. 44, s. 27 (as inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 25; S.I. 1996/218, art. 2)

Act applied (E.W.S.) (1.3.1996) by 1986 c. 44, s. 36A (as inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 43; S.I. 1996/218, art. 2)

Act applied (N.I.) (10.6.1996) by S.I. 1996/275, arts. 18(5), 23(8) (with Sch. 7 paras. 2, 3(2); S.R. 1996/216, art. 2

C2Act amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 100(1)

C3Act modified (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 30(1)–(3)

C4Act restricted by S.I. 1990/593 (N.I. 5), art. 49(1), Sch. 14 Pt. II para. 8

C5Act amended (E.W.)(1. 11. 1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 10(1)(a), 12(4), (with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3,Sch.

C6Act amended (S.)(21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 108), s. 33(1)(a) (with ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch.1

C7Act modified (E.W.)(1. 11. 1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 10(2), 12(4), (with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3,Sch

C8Act modified (S.) (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 108), s. 33(2) (with ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1

C9Act: power to apply conferred (E.W.)(01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 12(5), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6).

C10Act: definitions applied (E.W.)(01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 17(4), 31(9), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6).

C11Act modified (E.W.)(01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss.34(1)(2),35(4), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6).

C12Act modified (17.2.1994) by S.I. 1993/3160 (N.I. 15), art. 32(1)(a) (with Sch. 9 para. 1).

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