
1 
These Rules may be cited as the 
Restrictive Practices Court (Amendment) Rules 1982
and shall come into operation on 30th July 1982.
2 
In these Rules a rule referred to by number
means the rule so numbered in the 
Restrictive Practices Court Rules 1976.
3 
Rule 2(2)
shall be amended as follows:—
(a) after the definition of “the
Act” there shall be added the following definition:—“
“

 “the Act of 1980”
 means the 
Competition Act 1980
”;
(b) for “expressions used in
these Rules which are used in the Act have the same meaning in these Rules
as in the Act.” shall be substituted “expressions
used in these Rules which are used in the Act or the Act of 1980 have the
same meaning in these Rules as in the Act or the Act of 1980.”.

4 
After Rule 57
there shall be inserted the following new rules:—“
57A 

(1) Any application to the Court under 
section 26(4) of the Act of 1980 shall be made
by a notice in writing issued out of the office of the Court in the part of
the United Kingdom in which the relevant proceedings under 
section 1(3) of the Act took place containing
particulars of those parts of the declaration made in those proceedings the
operation of which it is sought to suspend.
(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; and
(c) at the same time serve a copy of the
notice and affidavit on the Director, who shall be made a respondent to the
application.

57B 

(1) If the Director wishes to oppose any
application made under section 26(4)
of the Act of 1980 he shall, within 21 days in the case of a first application
made thereunder, or within 14 days in the case of a second and final application
made thereunder, of the service upon him of the applicant's notice and affidavit,
file with the proper officer of the court an affidavit in reply setting out
the grounds for his opposition and the facts and matters on which he relies
and shall at the same time serve a copy thereof on the applicant.
(2) The applicant shall, no later than 7
days after the Director has served upon him an affidavit in accordance with 
paragraph (1), or after the period for doing
so has expired, or after the Director has indicated that no such affidavit
will be served, whichever period is the shortest, apply to the Court for the
fixing of a date for the hearing of the application and the Court shall fix
such a date.
(3) The Director shall, if no application
is made under paragraph (2)
within the period specified, apply to the Court for the fixing of a date for
the hearing and the Court shall fix such a date.

57C 
Except where the President of the Court
or a judge, whether generally or in any particular case, otherwise directs
every application under section 26(4)
of the Act of 1980 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) refer it in whole or in part to the Clerk
of the Court, or officer acting as Clerk of the Court in Scotland and Northern
Ireland, as the case may be;
and references in these Rules to the Court shall be construed
accordingly.

57D 

(1) An application to the Court under 
section 26(1) of the Act of 1980 shall be made
by a notice in writing issued out of the office of the Court in the part of
the United Kingdom in which the relevant proceedings under 
section 1(3) of the Act took place identifying
the declaration made in those proceedings to which the application relates
and containing particulars of the revised agreement, or a draft of the revised
agreement, for which approval 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 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; and
(c) at the same time serve a copy of the
notice and of the affidavit on the Director and on all other parties to the
agreement in relation to which the declaration under 
section 1(3) of the Act was made or to the
proceedings in which that declaration was made.

57E 
The Court may, on the application either
of the Director or of the applicant at any time before the service of the
notice and affidavit referred to in Rule 57D(2)(c)
 above, order that the requirements as to such
service may be varied or dispensed with altogether.

57F 

(1) If the Director wishes to oppose an application
made under section 26(1)
of the Act of 1980 he shall, within 28 days of the service upon him of the
applicant's notice and affidavit, file with the proper officer of the Court
an affidavit in reply setting out the grounds for his opposition 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 7 days after the Director
has filed an affidavit in reply in accordance with 
paragraph (1), or after the time for doing
so has expired, or after the Director has indicated that no such affidavit
will be served, whichever period is the shortest, the applicant 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.
(3) If no application is made under 
paragraph (2) within the time specified, the
Director shall himself 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.”
Hailsham of St. Marylebone, C
Dated 22nd June 1982