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

(1) The 
Interpretation Act 188 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 
Fair Trading Act 1973;
 “the Court”
means the Restrictive Practices Court;
 “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 principal Rules”
 means the 
Restrictive Practices Court Rules 1976 and any rules amending or replacing those
Rules;
 “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;expressions used in these Rules which are used in the Act have
the same meaning in these Rules as in the Act.
3 

(1) Proceedings before the Court under 
section 35 or 38
of the Act shall be instituted 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, as the case may be, specifying the part of the United Kingdom in
which the hearing is to take place and the persons against whom an order is
sought, and containing the particulars and other information required by this
rule.
(2) Every notice of application shall contain
particulars of—
(a) the person carrying on a business;
(b) the course of conduct complained of;

(c) the ground or grounds upon which it is
alleged that the course of conduct is—
(i) detrimental to the interests of consumers
in the United Kingdom, and
(ii) to be regarded as unfair to consumers;

(d) the facts and matters on which the Director
intends to rely in order to show that the person carrying on a business—

(i) has persisted in the course of conduct,
and
(ii) has so persisted in the course of that
business.
(3) A notice of application under 
section 35 of the Act shall further state—

(a) that the Director is unable, despite
his best endeavours (of which particulars shall be given), to obtain a satisfactory
written assurance from the person carrying on a business that he will refrain
from continuing the course of conduct complained of and from carrying on any
similar course of conduct in the course of that business; or
(b) the facts and matters from which it appears
to the Director that the person who has given such an assurance has failed
to observe it.
(4) A notice of application under 
section 38 of the Act shall further state—

(a) the name and address of each alleged
accessory;
(b) (except where the same notice of application
relates to proceedings under section 35
as well as under section 38),
whether or not proceedings have been commenced under 
section 35 against the body corporate, and
if so where and when they were commenced and what stage they have reached;

(c) the facts and matters from which it appears
to the Director that each alleged accessory—
(i) consented to or connived at the course
of conduct, and
(ii) fulfilled at a material time, which
shall also be stated, the relevant conditions in relation to the body corporate;

(d) in relation to each alleged accessory,
the particulars corresponding to those required by 
paragraph (3) of this rule in relation to a
person carrying on a business.
(5) If the Director, in reliance on section 11 of the 
Civil Evidence Act 1968, 
section 10 of the Law Reform (Miscellaneous
Provisions) (Scotland) Act 1968, section 7 of the 
Civil Evidence Act (Northern Ireland) 1971
or section 36(2)
of the Act, intends to adduce evidence of a conviction or a finding of breach
of contract or breach of duty in civil proceedings he must include in the
notice of application under this rule a statement of his intention with particulars
of—
(a) the conviction or finding and the date
thereof;
(b) the court which made the conviction or
finding and, in the case of a finding, the proceedings in which it was made;

(c) the person or persons convicted or, as
the case may be, against whom the finding was made; and
(d) the issue in the proceedings to which
the conviction or finding is relevant.
(6) A notice of application shall be accompanied
by a list of all documents relevant to the application which are or have been
in the Director's possession or power.
4 
A notice of application shall be issued by being
sealed with the Court's seal by the proper officer of the Court with whom
a copy of the notice shall be left to be filed by him.
5 
The Director shall serve a copy of the notice
of application and of the list referred to in 
rule 3(6) on all persons or bodies against
whom an order is sought, and those persons or bodies shall be respondents
to the proceedings.
6 
Every respondent who wishes to be heard in the
proceedings shall within 14 days of service upon him of a copy of the notice
of application enter an appearance in accordance with 
rule 7 of the principal Rules.
7 
Every respondent who has entered an appearance
shall, within 28 days of his entry of appearance, deliver to the Director
and file with the proper officer of the Court an answer which 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.
8 
Every allegation of fact in a notice of application
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, and any respondent
who wishes to allege that a conviction or finding referred to in the notice
was erroneous or is irrelevant must do so in his answer.
9 
No reply or further pleading may be filed without
leave.
10 
Without prejudice to the provisions of these
Rules relating to discovery, the Director and any respondent shall within
seven days after receiving notice in that behalf from any opposite party,
provide for his inspection the documents specified in the list referred to
in rule 3(6) or 
7 or such of them as may be specified in the
notice, and shall permit that party to take copies thereof:
Provided that nothing in this rule shall affect the right
of a respondent to claim privilege for any document.
11 

(1) 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 application, answer or reply 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.
(2) In proceedings in Scotland—
(a) the Director shall, within seven days
after the expiration of the time limited for filing an answer, make up an
open record consisting of the notice of application and the answer 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 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.
12 
In proceedings in England and Wales or in Northern
Ireland a notice of application, answer or reply may be amended—
(a) at any time by leave of the Court;
(b) at any time before the hearing of the
application for directions without leave, if—
(i) in the case of a notice of application
or reply, the Director and all respondents who have entered an appearance
or, as the case may be, to whose answer the reply is directed, agree; or
(ii) in the case of an answer, the Director
and all respondents seeking to amend agree;and a copy of the pleading 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.

13 

(1) 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 applications and have not already been dealt with (including,
in Scotland, any preliminary question of relevancy 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,the Director shall, as soon as practicable after every respondent
has delivered an answer or after the time for doing so has expired (or in
Scotland as soon as practicable after the closing of the record), make an
application to the Court for directions and shall serve notice of the application
on every respondent who has entered an appearance.
(2) The proper officer of the Court shall
fix a date for the hearing of the application for directions and serve notice
of the time and place of the hearing on every respondent who has entered an
appearance, and rule 23(3)
of the principal Rules (except sub-paragraph
(k)) shall apply, with the necessary modifications,
to the application for directions as if—
(a) references to the notice of reference
or to any statement of case were references to the notice of application;
and
(b) for the word “agreement”
 in sub-paragraph (i)
there were substituted the words “course of conduct”.

14 
Rules 10, 
20 and 21, 24 to 28, 30
and 32, 
34 to 40 and 44
of the principal Rules shall apply, with the necessary modifications, to proceedings
instituted by a notice of application under these Rules as they apply to proceedings
instituted by a notice of reference under the principal Rules.
15 
Subject to the provisions of 
section 7(1) of the Restrictive Practices
Court Act 1976 the final hearing shall take
place in public before such members of the Court as the President thereof
may nominate for the purpose.
16 

(1) Where in any proceedings under 
section 35 or 38
of the Act the Director intends to apply for a direction under 
section 40 thereof that any order made against
a body corporate which is a member of a group of interconnected bodies corporate
shall be binding on all members of the group, he shall serve a notice to that
effect on each of them and shall file a copy thereof with the proper officer
of the Court.
(2) As soon as a date and place have been
fixed for the final hearing of the proceedings or for any hearing under 
rule 20(4), the Director shall give notice
thereof to each of the bodies corporate other than the respondent on which
notice under paragraph (1)
was served.
(3) Every body corporate on which notice
is served under paragraph (1)
may appear at the final hearing or at any hearing under 
rule 20(4) notwithstanding that it is not a
respondent to the proceedings and may be heard on the question whether any
order made under section 37
or 39 of the Act should
be directed to be binding on each member of the group.
(4) If at any time the respondent wishes
the application for a direction under section
40 of the Act to extend to an interconnected
body corporate not mentioned in the notice served under 
paragraph (1), it shall serve on that body
and on the Director, and file with the proper officer of the Court, a notice
containing particulars of that body; and paragraphs
(2) and (3)
shall thereupon apply to that body as if it had been served with notice under 
paragraph (1).
(5) With a view to deciding whether or on
whom to serve notice under paragraph (1)
the Director may, at any time before applying for directions under 
rule 14 or 20 (2),
serve on the respondent a notice requiring it to give to the Director within
14 days after service of the notice particulars of any interconnected bodies
corporate which are members of a group of which the respondent is a member
and shall file a copy of any such notice with the proper officer of the Court.

(6) The respondent shall comply with any
notice served under paragraph (5)
by delivering to the Director and filing with the proper officer of the Court
the particulars required by the notice within the time thereby prescribed.

17 
Any directions given by the Court under 
section 40(2) of the Act shall be contained
in an order of the Court which shall be drawn up in accordance with 
rule 21.
18 

(1) An application by the Director for a
direction under section 40(3)
of the Act may 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 bodies corporate against which the order
was made and the bodies corporate in respect of which a direction is sought.

(2) The notice of application shall be issued
by being sealed with the Court's seal by the proper officer of the Court with
whom a copy of the notice shall be left to be filed by him.
(3) The Director shall serve a copy of the
notice on every body corporate specified therein and those bodies shall be
respondents to the notice.
(4) The provisions of these Rules shall apply,
with the necessary modifications, to all further proceedings on an application
under this rule as they apply to an application under 
rule 3.
19 

(1) In exercising its discretion as to costs
the Court shall, subject to paragraph (2),
have regard to the practice observed in civil proceedings in the High Court,
the Court of Session or the High Court in Northern Ireland, as the case may
be, and, without prejudice to the generality of the foregoing, may order the
payment by any party of costs incurred by any person entitled under these
Rules to be heard in the proceedings.
(2) Where the Court makes an order for the
payment of costs by any party it may 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.
(3) Where the Court gives a direction under 
paragraph (2) in proceedings in England and
Wales, the provisions of 
Order 62 of the Rules of the Supreme
Court 1965 shall apply, with the necessary modifications, to the taxation
of the costs as if the proceedings in the Court were a cause or matter in
the Supreme Court.
(4) Where the Court gives a direction under 
paragraph (2) in proceedings in Scotland, the
provisions of rules 348 and 349
 of the 
Rules of the Court of Session shall apply, with the necessary modifications,
to the taxation of the costs as if the proceedings in the Court were a cause
or matter in the Court of Session.
(5) Where the Court gives a direction under 
paragraph (2) in proceedings in Northern Ireland,
the provisions of Order 65
 of the Rules of the Supreme Court
(Northern Ireland) 1936 shall apply, with the necessary modifications,
to the taxation of the costs as if the proceedings in the Court were a cause
or matter in the High Court in Northern Ireland.
20 

(1) The Director may at any time discontinue
the proceedings against any or all of the respondents without the leave of
the Court, on giving notice to every respondent who has entered an appearance
and on his undertaking to pay the costs incurred by any respondent against
whom the proceedings are discontinued.
(2) If at any time before the final hearing
any respondent informs the Director that he is willing to submit to an order
under section 37 or 
39 of the Act or to give an undertaking under
either of those sections, the Director shall apply to the Court for directions
and shall serve notice on every other party that he has done so.
(3) On receipt of an application under 
paragraph (2) the proper officer of the Court
shall fix a date for the hearing of the application and serve notice of the
time and place of the hearing on the Director and on all respondents who have
entered an appearance.
(4) On the hearing of the application the
Court may take such steps as it thinks fit for disposing of the proceedings
against any respondent who is willing to submit to an order or to give such
an undertaking as aforesaid and for continuing the proceedings against any
other respondent, and, without prejudice to the generality of the foregoing,
may—
(a) make and record any finding against any
respondent if he consents;
(b) make an order that the proceedings against
any respondent be stayed, except for the purpose of carrying into effect the
agreed terms on which the proceedings are stayed; and
(c) make such order as to costs as it thinks
fit.
21 
The proper officer of the Court shall deliver
or send to the Director a copy, sealed with the seal of the Court, of every
order made under section 37
or 39 of the Act or containing
directions given under section 40
thereof as well as of any order made under rule
20(4) as soon as may be after the order has
been drawn up.
22 

Rules 60 to 70 (except 
rule 62) of the principal Rules shall apply,
with the necessary modifications, to proceedings instituted by a notice of
application under these Rules as they apply to proceedings instituted by a
notice of reference under the principal Rules.
23 
The 
Restrictive Practices Court (Protection of Consumers) Rules 1973 are hereby revoked.
Elwyn-Jones. C
Dated 10th November 1976