
1 
These Rules may be cited as the Restrictive
Practices Court Rules 1976 and shall come into operation on 15th
December 1976.
2 

(1) The 
Interpretation Act 1889 shall apply to the
interpretation of these Rules as it applies to the interpretation of an Act
of Parliament.
(2) In these Rules, unless the context otherwise
requires—
 “the Act”
means the Restrictive Trade
Practices Act 1976;
 “association”
means a services supply association or, as the case
may be, a trade association as defined in section
43 of the Act;
 “final hearing” includes a hearing under rule 43(3)
;
 “judge”
means a judge of the Court sitting in the part of the
United Kingdom in which the proceedings were instituted or, as the case may
be, to which they have been transferred;
 “the proper officer of the
Court” means the Clerk of the Court
or other proper officer at the central office of the Court or at the office
of the Court in Scotland or Northern Ireland, as the case may be;references to a party to an agreement include references to any
person deemed to be a party for the purposes of the Act;expressions used in these Rules which are used in the Act have
the same meaning in these Rules as in the Act.
3 

(1) Subject to 
paragraph (7), proceedings under the Act shall
be instituted by a notice of reference stating that the agreements to which
the notice applies are referred to the Court.
(2) A notice of reference may apply to one
agreement or to a number of agreements appearing to the Director to be related
in such a way as to make it desirable that they should be considered in the
same proceedings.
(3) A notice of reference shall sufficiently
identify the agreement or agreements to which it applies.
(4) A notice of reference shall specify the
part of the United Kingdom in which the proceedings are to take place and
shall be issued out of the central office of the Court or the office of the
Court in Scotland or Northern Ireland as the case may be.
(5) A notice of reference shall be issued
by being sealed with the Court's seal by the proper officer of the Court;
and when issued the notice shall be returned to the Director who shall leave
a copy to be filed by the proper officer.
(6) Subject to 
rules 5 and 6,
the Director shall cause a copy of the notice of reference to be served on
all parties to the agreement or agreements to which the notice applies, and
all such parties shall be respondents to the notice.
(7) This rule does not apply to applications
under sections 3, 
4, 26, 
35, 37 and 
40 of the Act, or to such an application as
is mentioned in rule 51.

4 

(1) Where the Director intends to apply for
an order under section 2(2)
of the Act against an association or any person acting on behalf of an association,
he shall serve on the association a copy of the notice of reference and the
association, though not itself a party to any relevant agreement, shall be
made a respondent to the notice.
(2) The Director may, if he thinks fit, serve
a copy of the notice of reference on any association whose members or any
of them are parties to any relevant agreement and the association, though
not itself a party to any such agreement, shall in that event be made a respondent
to the notice.
5 

(1) Where, in the case
of proceedings to which rule 3
applies, several persons have a common interest in the proceedings by reason
that they are all parties to the same agreement or have entered into substantially
similar agreements, the Director may, in accordance with 
paragraph (2), nominate any of those persons
(or any association of which any of those persons is a member, whether or
not it is itself a party to any such agreement) to represent all or some of
them and, subject to rules 6
and 9, those persons shall,
for the purpose of the proceedings, be treated as being represented by the
person so nominated (hereinafter called a “representative
respondent”).
(2) In any case such as is mentioned in 
paragraph (1), the Director shall, after issue
but before service of the notice of reference—
(a) give to each person nominated as a representative
respondent notice in writing that he is so nominated, including short particulars
of the notice of reference and identifying the persons, or classes of persons,
whom it is proposed he shall represent, together with a copy of any statement
the Director may propose to have published in pursuance of 
sub-paragraph (c) below; and
(b) in so far as may be practicable, give
to all, or to all other, parties to the agreement written notice of the action
taken under sub-paragraph (a)
above; and
(c) unless he is satisfied that such notice
has been given to all such parties, cause a statement containing the particulars
referred to in sub-paragraph (a)
above (including the name and address of each representative respondent) and
setting out the effect of rule 6,
to be published in—
(i) the London, Edinburgh and Belfast Gazettes,
and
(ii) at least one daily newspaper circulating
throughout the United Kingdom, and
(iii) if there is in circulation an appropriate
trade journal which is published at intervals not exceeding one month, in
such a trade journal; and
(d) file with the proper officer of the Court
an affidavit setting out the names of the persons to whom, and the dates on
which, he has given written notice in accordance with 
sub-paragraphs (a) and (b),
together with an extract containing any publication made in accordance with 
sub-paragraph (c) above.
6 

(1) Any person or association who objects
to being made a representative respondent, or to being represented by the
representative respondent nominated for that purpose by the Director, may,
within 28 days of being given notice in writing under 
sub-paragraph (a) or (b) of rule 5(2)
 (or, in the case of a person who has not been
given such notice, of the latest publication referred to in 
sub-paragraph (c) of that rule) apply by notice
in writing to the Court for an order revoking or modifying the nomination
and containing such other directions as may be specified in the notice.
(2) A person applying under 
paragraph (1) above shall file his notice of
application with the proper officer of the Court, together with an affidavit
setting out the facts and matters on which he relies, and shall at the same
time serve copies of the notice and affidavit on the Director and (if the
applicant is not a person nominated as a respresentative respondent) on the
person nominated to represent him.
(3) On the hearing of an application under
this rule, the Court may make such order and give such consequential directions
as it may think fit.
(4) Where the Director has nominated a representative
respondent, he shall not serve a copy of the notice of reference upon the
person so nominated until either—
(a) the time limited for making an application
under paragraph (1)
has expired without any such application having been made; or
(b) if such an application has been made,
it has been disposed of by the Court.
7 
Every respondent who wishes to be heard in the
proceedings shall, within 14 days of the service upon him of the copy of the
notice of reference, enter an appearance in the office of the Court out of
which the notice issued by delivering to the proper officer of the Court two
copies of a memorandum stating that the respondent wishes to be heard in the
proceedings and containing the name of his solicitor (if any) and an address
in the United Kingdom at which documents may be served on him; and the proper
officer shall thereupon send one copy of the memorandum, sealed with the seal
of the Court, to the Director.
8 
Where a notice of reference applies to a number
of agreements, any respondent may, within 14 days of entering an appearance
to the notice, apply to the Court to exclude from the notice any agreement
to which he is a party on the ground that the agreement is not related to
the other agreements to which the notice applies, or is not related to some
of those agreements, in such a way as to make it desirable that they should
all be considered in the same proceedings; and the Court may, on the hearing
of the application, amend the notice by excluding any agreement or agreements
therefrom, and shall give all such consequential directions as it considers
necessary, including a direction that any respondent who is a party to the
agreement in question be treated as if he had not entered an appearance.
9 
Without prejudice to the operation of 
rule 6, the Director, or any person or association
who falls to be treated as being, or as being represented by, a representative
respondent, may at any time apply to the Court for an order such as is mentioned
in rule 6(1).

10 
The Director, any respondent, and any person
or association represented by a representative respondent, may apply to the
Court for the transfer of the proceedings to another part of the United Kingdom
named in the application; and on the hearing of the application the Court
may order that all further proceedings shall take place in the part of the
United Kingdom named in the order.
11 

(1) Every respondent who has entered an appearance
shall, within three months of his entry of appearance, deliver to the Director,
and file with the proper officer of the Court, a statement of his case, which
shall include—
(a) particulars of the provisions of 
section 10(1) or 19(1)
of the Act on which he intends to rely;
(b) particulars of the facts and matters
alleged by him to entitle him to rely on those provisions;and shall be accompanied by a list of all the documents relevant
to the proceedings which are or have been in his possession or power, indicating
for which (if any) of those documents he claims privilege and the grounds
of the claim.
(2) Without prejudice to the provisions of
these Rules relating to discovery, every respondent shall, within seven days
after receiving notice in that behalf from the Director, produce for the Director's
inspection the documents specified in his list or such of them as may be specified
in the notice, and shall permit the Director to make copies thereof:Provided that nothing in this paragraph shall affect the
right of a respondent to claim privilege for any document.
12 

(1) Where a statement of case is delivered,
the Director shall deliver an answer within three months after the expiry
of the time limited for the delivery of a statement of case by every respondent
who has entered an appearance.
(2) Where there is more than one respondent,
the Director may deliver a joint answer, or separate answers to each or to
some only of the respondents, with or without a joint answer to the remainder.

(3) A copy of every answer shall be delivered
to the respondent or respondents to whose statement it is directed and shall
be filed with the proper officer of the Court.
13 
In proceedings in England and Wales or in Northern
Ireland where a respondent intends to rely on facts or matters which, if not
raised, would be likely to take the Director by surprise or would raise issues
of fact not arising out of the statement of case or answer, he shall, within
six weeks of the delivery of the answer, deliver a reply to the Director and
file a copy thereof with the proper officer of the Court.
14 

(1) Every allegation of fact in a statement
of case shall be deemed to be admitted unless in the answer it is denied specifically
or by necessary implication, or is stated not to be admitted.
(2) Subject to 
paragraph (3), in proceedings in England and
Wales or in Northern Ireland, where a reply is delivered, every allegation
of fact in the answer shall be deemed to be admitted unless in the reply it
is denied specifically or by necessary implication or is stated not to be
admitted.
(3) A respondent in his reply may join issue
on the answer and in that case he shall be deemed to deny every material allegation
of fact in the answer except any which he specifically admits.
15 
If a respondent fails to deliver a statement
of his case or to comply with any order of the Court within the time limited
for doing so, the Court may, on the application of the Director, direct that
the respondent be debarred from taking any further part in the proceedings
(save for the purpose of being heard on any application by the Director for
discovery, or the answering of interrogatories or a statement of facts by
that respondent, or for a final order under 
rule 45 or 46)
or make such other order as the Court may think just.
16 
In proceedings in England and Wales or in Northern
Ireland, any party may apply to any opposite party for further and better
particulars of the notice of reference, or of any statement of case, answer
or reply, as the case may be, and, if such particulars are not supplied within
14 days or such further time as may be agreed, he may apply to the Court,
which may order the delivery of such further and better particulars as it
considers necessary.
17 
In proceedings in England and Wales or in Northern
Ireland, the Court may, on the application of any party, strike out the whole
or any part of a statement of case, answer or reply which appears to the Court
to be frivolous, vexatious or irrelevant and may in that event allow further
time for the delivery of a fresh or amended statement of case, answer or reply.

18 
In proceedings in England and Wales or in Northern
Ireland, a notice of reference, statement of case, answer or reply may be
amended—
(a) at any time by leave of the Court;
(b) without leave at any time before the
hearing of the application for directions, if—
(i) in the case of a notice of reference
or answer, the Director and all respondents who have entered an appearance
or, as the case may be, to whose statement of case the answer is directed,
agree; or
(ii) in the case of a statement of case or
reply, the Director and all respondents seeking to amend agree;and a copy of the notice or other document as amended shall be
delivered to all opposite parties and filed with the proper officer of the
Court within such time as may be allowed by the Court or agreed between the
parties concerned.
19 
In proceedings in Scotland—
(a) the Director shall, within seven days
after the expiration of the time limited for filing answers, make up an open
record consisting of the notice of reference, the statement or statements
of case and the answer or answers, and file two copies thereof with the proper
officer of the Court, at the same time delivering a copy thereof to each of
the respondents; and thereafter the parties shall forthwith proceed to adjust
their pleadings;
(b) upon the expiration of 28 days from the
filing of the open record, or of such period of continuation as may be allowed
by the Court on cause shown, the record shall be deemed to be closed, and
thereafter no amendment of the pleadings shall be made except by leave of
the Court; and
(c) within 14 days after the closing of the
record the Director shall file two copies of the closed record with the proper
officer of the Court, and shall at the same time deliver 15 copies thereof
to each of the respondents.
20 

(1) The Director, and any respondent who
has entered an appearance, may at any time apply to the Court for an order
that any person not already a party be added as a respondent to the proceedings,
and shall give notice of the application to all other parties and to the person
sought to be added.
(2) Any person who is not a party to the
proceedings may apply to the Court for an order adding him as a respondent
and shall give notice of the application to all parties to the proceedings.

(3) A copy of the notice of reference and,
in Scotland, a copy of the closed record or, as the case may be, of the open
record as adjusted to date shall within 14 days after the making of the order
be served by the Director on every person added as a respondent under 
paragraph (1) or (2),
and these Rules shall thereafter apply to such person as if he had been made
a respondent under rule 3(6).

21 

(1) The Director, and any respondent who
has entered an appearance, may at any time apply to the Court for an order
that any proceedings pending before the Court in the same part of the United
Kingdom be consolidated and heard together.
(2) On making an order adding a respondent
or an order for the consolidation of any proceedings, the Court shall give
all such consequential directions as it considers necessary.
22 
As soon as practicable after every respondent
to whom the Director has delivered an answer has delivered his reply or after
the time for his doing so has expired, or in Scotland as soon as practicable
after the closing of the record, the Director shall make an application to
the Court for directions, with a view to providing an occasion for the consideration
of the preparations for the final hearing so that—
(a) all matters which can be dealt with on
interlocutory application and have not already been dealt with (including,
in Scotland, any preliminary question of relevance or sufficiency of specification
arising on the pleadings) may, so far as possible, be dealt with; and
(b) such directions may be given as to the
future course of the proceedings as appear best adapted to secure the just,
expeditious and economical disposal thereof;
and the Court shall fix a date for the hearing of the application.

23 

(1) Not less than 21 days before the application
for directions is due to be heard, the Director shall serve notice of the
application on every respondent who has entered an appearance (with the exception
of any respondent who has been debarred under 
rule 15 from taking any further part in the
proceedings) and shall set out in his notice full particulars of the directions
for which he intends to apply, and a copy of the notice shall at the same
time be filed with the proper officer of the Court.
(2) Every respondent on whom notice is served
under paragraph (1)
shall, within 14 days of service of the notice, serve on the Director a notice
specifying any directions which he may desire in so far as they differ from
those applied for by the Director, and shall at the same time file a copy
of the notice with the proper officer of the Court.
(3) On the hearing of the application the
Court shall give such directions as it considers necessary to secure the purposes
mentioned in rule 22
and, without prejudice to the generality of the foregoing, may give such directions
as it may think fit as to—
(a) the amendment of the notice of reference
or any statement of case, answer or reply;
(b) the delivery of further and better particulars
or, in Scotland, the further specification, of the notice of reference or
of any statement of case, answer or reply;
(c) the delivery of interrogatories or, in
Scotland, the answering of any statement of facts;
(d) the admission of any facts or documents;

(e) the discovery or further discovery of
any documents;
(f) the admission in evidence of any documents;

(g) the mode in which evidence is to be given
at the final hearing;
(h) the taking and recording of any evidence
before the final hearing, including the appointment of an examiner or, in
Scotland, a commissioner for that purpose;
(i) the reference to the Court for determination
in a summary way of any issue arising in relation to any agreement to which
the notice of reference applies;
(j) the disposal of a preliminary point of
law (including, in Scotland, any preliminary question of relevancy or sufficiency
of specification arising on the pleadings);
(k) an investigation of the cost incurred
by any respondent (or, as the case may be, any person or association represented
by a representative respondent) in producing or supplying any goods or in
applying any process of manufacture to goods, or in supplying any services,
and the manner in which the result of such investigation is to be brought
before the Court at the final hearing;
(l) the consolidation of the proceedings
with any other proceedings pending before the Court in the same part of the
United Kingdom;
(m) the place and date of the final hearing.

24 
Any application subsequent to the application
for directions and before the final hearing as to any matter capable of being
dealt with on an interlocutory application shall be made under the application
for directions by two clear days' notice to the opposite party stating the
grounds on which it is made.
25 
Any party may give to any opposite party notice
to produce at the final hearing any relevant documents specified in the notice
which are in the possession or power of the opposite party and, if such notice
is not complied with, secondary evidence of the contents of the documents
may be given by the party who gave the notice.
26 
Any party may, not less than 21 days before
the date fixed for the final hearing, serve notice on any opposite party requiring
him to admit (saving all just exceptions) the authenticity of any document
specified in the notice and, unless the opposite party within seven days of
service of the notice upon him gives notice requiring the document to be proved
at the hearing or unless the Court otherwise directs, he shall be deemed to
have admitted its authenticity.
27 
Any party may, not less than 21 days before
the date fixed for the final hearing, give to any opposite party notice to
admit, for the purpose of the proceedings, any facts specified in the notice,
and the Court shall, in exercising its discretion as to making an order for
costs under rule 58(1),
take into consideration any unreasonable failure to admit, or delay in admitting,
such facts.
28 

(1) In proceedings in England and Wales or
in Northern Ireland any party may apply to the Court for an order directing
any opposite party to make discovery, or further discovery, either on oath
or otherwise, of the documents relating to the proceedings which are or have
been in his possession or power, and on the hearing of the application the
Court may make such order, either generally or limited to certain classes
of documents or to particular documents, as it thinks fit, including an order
for the production or inspection of any documents.
(2) In proceedings in Scotland any party
may apply to the Court for a commission and diligence for the recovery of
documents, and for this purpose the provisions of rules 95 to 99 of the Rules of
the Court of Session shall apply
with the necessary modifications; and any reference in these Rules to discovery,
or further discovery, of documents shall be construed as a reference to the
recovery of documents under a commission and diligence granted under this
paragraph.
29 
If it appears to the Court on the application
of the Director (which may be made at any time after a respondent has delivered
a statement of his case or after the time for doing so has expired) that the
cost incurred by the respondent in producing or supplying any goods, or in
applying any process of manufacture to goods, or in supplying any services
is a material fact in the proceedings, the Court may authorise the Director
to investigate such cost and may require the respondent concerned to afford
to the Director all such facilities as may be necessary for the investigation,
and may give directions as to the manner in which the result of the investigation
is to be brought before the Court at the final hearing.
30 

(1) Subject to 
paragraph (2), in proceedings in England and
Wales or in Northern Ireland any party may apply to the Court for an order
requiring any opposite party to answer interrogatories on oath within such
time as the Court may direct, and in proceedings in Scotland any party may
apply to the Court for an order requiring any opposite party to answer a statement
of facts; and copies of the interrogatories or statement of facts shall, unless
the Court otherwise directs, be delivered to the opposite party and filed
with the proper officer of the Court not less than two days before the day
fixed for the hearing of the application.
(2) An application by any party for an order
requiring a respondent to answer interrogatories or a statement of facts may
be made only after that respondent has delivered a statement of his case or
after the time for his doing so has expired; and a respondent may apply for
an order to answer interrogatories or a statement of facts only after he has
delivered a statement of his case.
(3) The Director may answer any interrogatories
or statement of facts by himself or by any officer nominated by him for that
purpose, and a body corporate or an association shall answer by a director,
manager, secretary or other officer.
31 
An application may be made by the Director
under rules 28 to 30
against any person or association represented by a representative respondent
as if that person or association were a respondent to the proceedings and
had delivered a statement of his case at or within such time as the representative
respondent did or might have done so.
32 

(1) Except where these Rules otherwise provide
or the Court otherwise directs, every interlocutory application shall be made
on not less than seven days' notice to the Director or, as the case may be,
to every respondent concerned in the subject matter of the application, and
the notice shall include particulars of the directions or order sought.
(2) Except where the President of the Court
or a judge, whether generally or in any particular case, otherwise directs,
every interlocutory application (including an application under 
rules 33(4) and 49)
shall be made to a judge, who may—
(a) dispose of it himself; or
(b) refer it in whole or in part to a Court
consisting of a presiding judge and at least two other members; or
(c) (except in the case of an application
under rules 33(4) and 
49) refer it in whole or in part to the Clerk
of the Court, or officer acting as Clerk of the Court in Scotland or Northern
Ireland, as the case may be;and references in these Rules to the Court shall be construed accordingly.

(3) Where an application is made or referred
to the Clerk of the Court or officer acting as Clerk of the Court in Scotland
or Northern Ireland, as the case may be, any party aggrieved by his decision
may appeal to a judge within seven days of the decision on giving notice to
all parties concerned and to the proper officer of the Court; and in that
case the judge may dispose of the appeal himself, or refer it in whole or
in part to a Court consisting of a presiding judge and at least two other
members.
(4) For the hearing of any interlocutory
application or appeal, the Court or judge may sit either in private or in
public.
33 

(1) At any time after the issue of a notice
of reference, and notwithstanding that it has not been served, the Director
may apply to the Court for an interim order under 
section 3 of the Act by a notice of application
issued out of the office of the Court out of which the notice of reference
was issued.
(2) In addition to the matters required by 
section 3(2) of the Act to be specified in
the application the notice shall specify the persons (including any association,
whether or not it is itself a party to the agreement to which the notice applies)
against whom an interim order is sought.
(3) The notice of application shall be issued
by being sealed with the Court's seal by the proper officer of the Court,
and when issued shall be returned to the applicant who shall—
(a) leave a copy to be filed by the proper
officer; and
(b) at the same time file with the proper
officer an affidavit setting out the facts and matters on which he relies
in support of the application.
(4) Where the case is one of urgency the
application may be made ex parte, but in any other case the
Director shall serve a copy of the notice of application and of the affidavit
on the persons (including any association) against whom an interim order is
sought and those persons shall be made respondents to the notice.
(5) Where the application is made 
ex parte, the Court may make such interim order, and give such directions
as to the service of notice of the application, the joinder of parties, or
the further hearing of the application as the Court thinks fit.
(6) Any respondent who wishes to oppose the
application shall within seven days of service upon him of notice of the application
file with the proper officer of the Court an affidavit setting out the grounds
of his objection and the facts and matters on which he relies and shall at
the same time serve a copy thereof on the Director.
(7) Not later than seven days after every
respondent has filed an affidavit or the time for doing so has expired the
Director shall apply to the Court for directions.
(8) The provisions of these Rules relating
to a reference to the Court by the Director (other than 
rule 23(1) and (2))
shall apply with the necessary modifications to directions under 
paragraph (5) and paragraph (7)
and to all further proceedings on the application.
(9) An application under 
section 3(5) of the Act for a fresh interim
order in substitution for an earlier one may be made by notice of application
specifying the interim order to which the application relates, and 
paragraph (3) shall apply to a notice under
this paragraph as it applies to the original application.
(10) A notice under 
paragraph (9) shall be served on all those
persons who were parties to the proceedings relating to the previous interim
order, and such persons shall be respondents to the notice.
(11) Paragraphs
(6), (7)
and (except for the words “paragraph
(5) and”) 
(8) shall apply to an application under 
paragraph (9) as they apply to an application
by the Director under paragraph (1).

34 
Subject to these Rules, and to any enactment
relating to evidence, any fact required to be proved at the hearing of the
reference shall be proved by the oral examination of the witnesses.
35 
The Court may, on the hearing or adjourned
hearing of the application for directions or at the final hearing, order that
all or any of the evidence at the final hearing shall be given by affidavit,
and may make such order on such terms as to the filing and giving of copies
of the affidavits or proposed affidavits and as to the production of the deponents
for cross-examination as the Court may think fit.
36 
Without prejudice to 
rule 35, the Court may order that evidence
of any particular fact shall be given at the final hearing in such manner
as may be specified in the order and in particular—
(a) by statement on oath of information or
belief;
(b) by the production of documents or entries
in books;
(c) by copies of documents or entries in
books;
(d) in the case of scientific, technical
or statistical information relevant to the proceedings, by the production
of specified scientific, technical, economic or trade publications or works
of reference containing such information.
37 
Where it appears to the Court, on the hearing
or adjourned hearing of the application for directions or at the final hearing,
that the Court would be assisted in determining any issue in the proceedings
by the admission of evidence (whether oral or documentary) which would not
otherwise be admissible under the law relating to evidence, the Court may
make an order allowing the admission of such evidence.
38 
Any order under rules 35 to 37 made before the
final hearing may be revoked or varied by a subsequent order made at or before
the final hearing.
39 
The Court may, on the application of any party,
make an order for the examination on oath of any witness before such examiner
as the Court may direct, and may give such directions as the Court may think
fit as to the taking and recording of such evidence and its reception at the
final hearing, and at the examination of the witness the same practice shall
be followed as on the examination of a witness before an examiner of the Supreme
Court or, in proceedings in Scotland, before a commissioner appointed by the
Court of Session to take evidence.
40 
Where a witness is required to attend before
the Court to give oral evidence or to produce any document in his possession
or power, the proper officer of the Court shall issue a summons ordering the
attendance of the witness, which shall be served personally on him a reasonable
time before he is required to attend, and there shall at the same time be
paid or tendered to the witness a sum sufficient to cover his reasonable expenses
for travelling to and from, and his attendance at, the Court.
41 
Subject to the provisions of 
section 7(1) of the Restrictive Practices
Court Act 1976, the final hearing of any proceedings
shall take place before such members of the Court as the President thereof
may nominate for the purpose.
42 
The final hearing shall take place in public:

Provided that if the Court is satisfied that it is in
the public interest that the hearing or part thereof should not take place
in public or that evidence may be given as to a secret process of manufacture
or as to the presence, absence or situation of any mineral or other deposits
or as to any similar matter the publication of which would substantially damage
the legitimate business interests of any person, it shall, and may in any
other case in which it appears proper to the Court to do so, order that the
hearing, or such part thereof as the Court may direct, shall take place in
private.
43 

(1) In the Director's application for directions
and in any notice given by a respondent under 
rule 23(2) there may be included an application
for the determination in a summary way of any issue arising in relation to
any agreement to which the notice of reference applies, and any such application
shall state the issue to be determined and shall include particulars of any
relevant matters considered in previous proceedings before the Court, and
of the judgment or order given or made in those proceedings.
(2) If, on the hearing of the application,
it appears to the Court that the relevant provisions of the agreement and
the circumstances of the case are substantially similar to those considered
in previous proceedings before the Court, it may direct that the issue be
referred for determination in a summary way.
(3) Where a direction has been given under 
paragraph (2), the Court may at the hearing,
unless it is satisfied that the relevant provisions of the agreement or the
circumstances of the case differ in some material respect from the provisions
and circumstances considered in the previous proceedings—
(a) determine the issue in a summary way
without hearing evidence, or on such evidence, whether oral or documentary,
as it may think fit; and
(b) make any declaration or order which the
Court could have made under section 1(3)
or 2 of the Act if the issue
had been determined after a final hearing in the ordinary way, or defer the
making of any such declaration or order until all other issues in the proceedings
have been disposed of.
44 
The Director, and any respondent who has entered
an appearance, may apply to the Court at any time for an order that a point
of law arising on the notice of reference, or on any statement of case, answer
or reply, be determined before the final hearing of the proceedings and the
Court may, if it thinks fit, dispose of the point of law on the hearing of
the application or at any later stage in the proceedings.
45 
If at any time before the final hearing every
respondent who has entered an appearance (with the exception of any respondent
who has been debarred under rule 15
from taking any further part in the proceedings) notifies the Director that
he is willing to submit to a declaration that the restrictions in the agreement
to which the notice of reference applies are contrary to the public interest
or, as the case may be, to such a declaration and to an order under 
section 1(3) or 2
of the Act, the Director shall apply to the Court for such a declaration and,
where appropriate, for such an order within 28 days after being so notified
by every such respondent.
46 
Where no appearance has been entered or where,
after entry of an appearance, no statement of case has been delivered, the
Director may apply to the Court for a declaration that the restrictions in
the agreement to which the notice of reference applies are contrary to the
public interest and, where appropriate, for an order under 
section 1(3) or 2
of the Act; and any such application, may be made—
(a) where no appearance has been entered,
not earlier than 28 days after the expiration of the time limited for entry
of appearance by the respondent on whom the notice of reference was last served;

(b) where no statement of case has been delivered,
not earlier than 28 days after the expiration of the time limited for delivery
of a statement of case by the respondent who last entered an appearance.
47 
Not later than 21 days before an application
under rule 45 or 
46 is due to be heard the Director shall file
with the proper officer of the Court a draft of the declaration and of any
order for which he intends to apply and shall at the same time serve a copy
of the draft on every respondent, whether he has entered an appearance or
not, together with notice of the time and place appointed for the hearing
of the application.
48 
Every respondent shall be entitled to be heard
on the application as to whether the restrictions set out in the draft declaration
are restrictions accepted by the parties to the agreement to which the notice
of reference applies and as to any other matters which the Court considers
can properly be raised on the hearing of the application, not being matters
which, in the opinion of the Court, ought to have been raised in a statement
of case.
49 

(1) An application for leave to apply under 
section 4 of the Act for the discharge of any
declaration made by the Court in any proceedings, and of any order made in
pursuance thereof, shall be made to the Court in the part of the United Kingdom
in which the previous proceedings took place and shall be supported by evidence
on affidavit of the matters on which the applicant relies.
(2) Unless the Court otherwise directs, notice
of the application for leave, together with copies of the affidavits in support
thereof, shall be served on every party who appeared on the hearing of the
previous proceedings and every such party shall be entitled to be heard on
the application.
50 
If leave is granted under 
rule 49, the Court shall give such directions
as it thinks fit as to the delivery by the applicant of a statement of his
case and by the Director (if he is not the applicant) and by any other party
of an answer, and, subject to any directions so given, the provisions of these
Rules relating to a reference to the Court by the Director shall apply with
the necessary modifications to all further proceedings on the application.

51 
Any person who wishes to apply to the Court
for the discharge of an order made under 
section 18(2) of the Restrictive Trade
Practices Act 1956 by the High Court, the Court
of Session or the High Court in Northern Ireland may do so by a notice of
application which shall—
(a) be issued out of the office of the Court
situate in that part of the United Kingdom in which the order was made; and

(b) contain—
(i) particulars of the order which the applicant
seeks to have discharged and of the grounds on which he alleges that the order
ought to be discharged;
(ii) particulars of the provisions of 
section 10(1) or 19(1)
of the Act on which he intends to rely;
(iii) particulars of the facts and matters
alleged by him to entitle him to rely on those provisions; and
(c) be accompanied by a list of all the documents
relevant to the application which are or have been in the possession or power
of the applicant, indicating for which (if any) of those documents he claims
privilege and the grounds of the claim.
52 

(1) Any person who wishes to apply to the
Court for a declaration under section 40(1)
of the Act may do so by a notice of application issued out of the central
office of the Court, or the office of the Court in Scotland or Northern Ireland.

(2) A notice of application under 
paragraph (1) shall—
(a) contain—
(i) particulars of the agreement which the
applicant desires to make and of the order in force under 
section 56 of the Fair Trading Act
1973 or having effect as if made under that
section, by virtue of which the making of the agreement is unlawful, or of
any relevant undertaking or assurance given to the appropriate Minister within
the meaning of the said section 56;

(ii) particulars of the provisions of 
section 10(1) or 19(1)
of the Act on which the applicant intends to rely; and
(iii) particulars of the facts and matters
alleged by him to entitle him to rely on those provisions; and
(b) be accompanied by a list of all the documents
relevant to the application which are or have been in the possession or power
of the applicant, indicating for which (if any) of those documents he claims
privilege and the grounds of the claim.
53 

(1) A notice of application under 
rule 51 or 52
shall be issued by being sealed with the Court's seal by the proper officer
of the Court; and when issued the notice shall be returned to the applicant
who shall leave a copy to be filed by the proper officer and shall serve a
copy on the Director, who shall be the respondent to the notice.
(2) Without prejudice to the provisions of
these Rules relating to discovery, the applicant shall within seven days after
receiving notice in that behalf from the Director produce for his inspection
the documents specified in the applicant's list of documents, or such of them
as may be specified in the notice, and shall permit the Director to make copies
thereof:Provided that nothing in this paragraph shall affect the
applicant's right to claim privilege for any document.
(3) If the Director wishes to oppose the
application, he shall, within six weeks of the service upon him of the copy
of the notice of application, deliver an answer to the applicant and file
a copy thereof with the proper officer of the Court.
(4) The provisions of these Rules relating
to a reference to the Court by the Director shall apply with the necessary
modifications to all further proceedings on the application.
(5) Where an order is made for the discharge
of an order made under section 18(2)
of the Restrictive Trade Practices Act 1956,
the proper officer of the Court shall send a copy of the first-mentioned order
to the Chief Registrar of the Chancery Division of the High Court, the Principal
Clerk of Session in Scotland or the Registrar of the Supreme Court of Northern
Ireland, as the case may be.
54 

(1) An application to the Court under 
section 26 or 35
of the Act shall be made by notice in writing issued out of the central office
of the Court, or the office of the Court in Scotland or Northern Ireland,
as the case may be, specifying the part of the United Kingdom in which the
hearing is to take place and containing particulars of any order or declaration
sought and identifying the agreement to which the application relates.
(2) A notice under 
paragraph (1) shall be issued by being sealed
with the Court's seal by the proper officer of the Court and when issued shall
be returned to the applicant who shall—
(a) leave a copy to be filed by the proper
officer; and
(b) at the same time file with the proper
officer an affidavit setting out the facts and matters on which he relies
in support of the application.
55 

(1) Where an application under 
section 26 of the Act is made by a person other
than the Director, the applicant shall serve a copy of the notice and affidavit
on the Director, who shall be made a respondent to the application.
(2) Where an application is made by the Director
under section 26 or 
35 of the Act, the Director—
(a) shall, unless all the parties to the
agreement are treated under sub-paragraph (c)
 as represented by an association, serve copies
of the notice and affidavit on one or more parties to the agreement, who shall
be made respondents to the application and (subject to any directions of the
Court) be treated as representing such other parties, if any, to the agreement
as the Director may specify; and
(b) shall, in any case where he intends to
apply for an order under section 35(3)
of the Act against an association or any person acting on behalf of an association,
serve such copies on the association, which shall be made a respondent to
the application; and
(c) may, if he thinks fit, serve such copies
on any association whose members include parties to the agreement (notwithstanding
that the association is not itself a party thereto), and that association
shall thereupon be made a respondent to the application and be treated as
representing such other parties, if any, to the agreement as the Director
may specify.
(3) Where, by virtue of 
paragraph (2), any parties to an agreement
fall to be treated as being represented by a respondent to the application—

(a) the Director shall—
(i) inform them of the proceedings by notice
in writing and, unless he is satisfied that such notice has been given to
all of them, by advertisement in the manner described in 
rule 5(2)(c); and
(ii) file with the proper officer of the
Court an affidavit such as is referred to in 
rule 5(2)(d); and
(b) the provisions of 
rule 6 (except 
paragraph (4) thereof) shall apply with the
necessary modifications.
56 

(1) Any respondent who wishes to oppose an
application made under section 26
or 35 of the Act shall,
within six weeks of service upon him of notice of the application (or, if
his representing, or being represented by, any other person has been the subject
of an objection, within such further time as the Court may direct) file with
the proper officer of the Court an affidavit setting out the grounds of his
objection and the facts and matters on which he relies and shall at the same
time serve a copy thereof on the applicant.
(2) Not later than 21 days after every respondent
has filed an affidavit in accordance with paragraph
(1), or after the time for doing so has expired,
the Director shall apply to the Court for directions and the provisions of
these Rules relating to a reference to the Court by the Director shall apply
with the necessary modifications to such directions and to all further proceedings
on the application.
57 

(1) An application by the Director to the
Court under section 37
of the Act shall be made ex parte by notice in writing issued
out of the central office of the Court, or the office of the Court in Scotland
or Northern Ireland, as the case may be, specifying the persons against whom
the order is sought.
(2) A notice under 
paragraph (1) shall be issued by being sealed
with the Court's seal by the proper officer of the Court and, when issued,
shall be returned to the Director, who shall—
(a) leave a copy to be filed with the proper
officer; and
(b) at the same time file with the proper
officer an affidavit setting out the information the Director requires, the
steps he has taken under section 36
of the Act to obtain that information from the persons specified in the notice
and the facts and matters relied on in support of the application.
(3) If the Director is seeking an order against
any person in his capacity as an officer of, or person employed by, a body
corporate or an unincorporated association, the affidavit referred to in 
paragraph (2) shall state the office or post
held by that person.
(4) The notes of the examination of any person
taken in pursuance of an order under section
37 of the Act shall be filed with the proper
officer of the Court.
58 

(1) Where it appears to the Court that any
party has been guilty of unreasonable delay, or of improper, vexatious, prolix
or unnecessary steps in any proceedings under 
section 1, 2 or 
4 of the Act or of other unreasonable conduct
(including, but without prejudice to the generality of the foregoing, a refusal
to make any admission or agreement as to the conduct of the proceedings which
he ought reasonably to have made), the Court may make an order for costs against
him.
(2) Where an order is made under 
paragraph (1) or under the powers conferred
on the Court by section 22(2)(b)
of the Act (which enables the Court to make an order for costs in proceedings
under section 26, 
35 or 37
of the Act) the Court may direct that the party against whom the order is
made shall pay to any other party—
(a) a lump sum by way of costs; or
(b) such costs or such proportion of the
costs as may be just.
(3) Where the Court gives a direction under 
paragraph (2)(b) it may—
(a) itself assess the sum to be paid; or

(b) direct that it be assessed by the proper
officer of the Court; or
(c) direct that the proper officer of the
Court refer the costs to be taxed or assessed by a Master of the Supreme Court
(Taxing Office) or by the Auditor of the Court of Session in Scotland or by
the Taxing Master of the Supreme Court of Northern Ireland.
(4) Where a direction is given under 
paragraph (3)(b) or (c),
any party aggrieved by the taxation or assessment may appeal to a judge within
seven days of the taxation or assessment on giving notice to all parties concerned
and to the officer who made the taxation or assessment; and the judge may
dispose of the appeal himself, or refer it in whole or in part to a Court
consisting of a presiding judge and at least two other members, and, in either
event, rule 32(4)
shall apply to the hearing of the appeal.
59 
The proper officer of the Court shall deliver
or send to the Director a copy, sealed with the seal of the Court, of every
declaration or order made by the Court as soon as may be after it has been
drawn up.
60 
Any clerical mistake in any declaration or
order of the Court, or error therein arising from any accidental slip or omission,
may at any time be corrected by the Court on the application of any party.

61 
Every order of the Court may be enforced in
the same way as an order of the High Court, the Court of Session or the High
Court in Northern Ireland is enforceable in England and Wales, Scotland or
Northern Ireland respectively, and the practice of those Courts in regard
to the enforcement of their orders shall apply to the enforcement of orders
of the Court.
62 

(1) The judgment of the Court shall, in so
far as facts are stated therein, be deemed to be a case stated for the purpose
of any appeal on a question of law to which those facts give rise, so, however,
that any party may, at or before the conclusion of the hearing, request the
Court to find in its judgment the facts giving rise to any specific question
of law.
(2) Any party to such proceedings who wishes
to appeal shall, within 21 days after the judgment has been delivered, apply
in writing to the proper officer of the Court for a copy of the judgment and
the proper officer shall thereupon send him a copy of the judgment signed
by the presiding judge.
(3) If such party considers that the facts
found in the judgment are not sufficient to enable the question of law to
be fully argued, he may, within seven days after receiving the copy of the
judgment, apply to the Court for it to be amplified or amended.
63 

(1) Every notice or other document required
by these Rules to be served on or delivered to any person may be sent to that
person by prepaid post at his address for service or, where no address for
service has been given, at his registered office, principal place of business
or last known address in the United Kingdom, and every notice or other document
required to be delivered to or filed with the proper officer of the Court
may be sent by prepaid post to the Clerk of the Court at the Royal Courts
of Justice, Strand, London, WC2A 2LL, or to the officer acting as Clerk of
the Court at 2, Parliament Square, Edinburgh, EH1 1RF, or at the Royal Courts
of Justice (Ulster), Chichester Street, Belfast, BT1 3JF, as the case may
require.
(2) Any notice or other document required
to be served on or delivered to an association may, if the association is
not a body corporate, be sent to its secretary, manager or other similar officer.

64 
The Court may on the application of the Director,
which may be made ex parte, give leave for the service of a
notice of reference outside the United Kingdom and may in that event give
directions as to the mode of service and as to the extension of the time within
which the respondent may enter an appearance and deliver a statement of his
case.
65 
The Court may on the application of any party,
which may be made ex parte, direct that service of any document
be dispensed with or effected otherwise than in the manner provided by these
Rules, including (without prejudice to the generality of the foregoing) the
publication of notice thereof in such trade journal or other newspaper as
the Court may direct.
66 
The time prescribed by these Rules or by order
of the Court for doing any act may be extended (whether it has already expired
or not) or abridged by the Court or, except where the Court otherwise directs,
by consent in writing.
67 
Unless the Court otherwise directs, the months
of August and September shall be excluded in calculating time under these
Rules for the delivery of any statement of case, answer or reply, or for the
making of any application to the Court.
68 
The central office of the Court shall be open
at such times as the President of the Court may direct, and the offices of
the Court in Scotland and Northern Ireland shall be open at such times as
may be directed by the judge of the Court in Scotland or Northern Ireland,
as the case may be.
69 
Where the last day for the doing of any act
falls on a day on which the appropriate office of the Court is closed and
by reason thereof the act cannot be done on that day, it may be done on the
next day on which the office is open.
70 
Failure to comply with any requirement of these
Rules shall not invalidate any proceedings unless the Court so directs and,
subject to the provisions of the Act, of the 
Restrictive Practices Court Act 1976 and of
these Rules, the Court shall have power to regulate its own procedure.
71 
The 
Restrictive Practices Court Rules 1957, the 
Restrictive Practices Court (Amendment) Rules 1962, the 
Restrictive Practices Court (Amendment) Rules 1965, the 
Restrictive Practices Court (Amendment) Rules 1968, and the 
Restrictive Practices Court (Amendment) Rules 1973 are hereby revoked.
Elwyn Jones. C
Dated 10th November 1976