
1 
This Order may be cited as the Deregulation (Restrictive Trade Practices Act 1976) (Amendment) (Time Limits) Order 1996 and shall come into force one month after the day on which it is made.
2 
In this Order “the Act” means the Restrictive Trade Practices Act 1976.
3 
The entries in the second column of the Table in paragraph 5(1) of Schedule 2 to the Act (time for furnishing particulars of agreements) shall be amended as follows:—
(i) in entry (a) by the omission of the words “Before the date on which any restriction accepted or information provision made under the agreement takes effect, and in any case”
(ii) in entry (f) by the substitution for the existing entry of “within 3 months from the day on which the agreement becomes so subject”
(iii) in entry (i) by the substitution for the existing entry of “within 3 months from the day of the variation”.
4 
After section 27 of the Act there shall be inserted—“
27ZA 

(1) This section has effect where—
(a) the time for furnishing particulars of an agreement or variation to the Director is determined by entry (a), (f) or (i) in the Table in paragraph 5(1) of Schedule 2 to this Act, and
(b) that time has not expired.
(2) Where the time is determined by entry (a) or (f), it shall be unlawful, before particulars of the agreement concerned have been duly furnished to the Director, for any person who—
(a) carries on business within the United Kingdom, and
(b) is a party to the agreement,
to give effect to, or enforce or purport to enforce, the agreement in respect of the restrictions accepted or information provisions made under the agreement.
(3) Where the time is determined by entry (i), it shall be unlawful, before particulars of the variation concerned have been duly furnished to the Director, for any person who—
(a) carries on business within the United Kingdom, and
(b) is a party to the agreement concerned,
to give effect to, or enforce or purport to enforce, the extensions or additions to the restrictions accepted or information provisions made under the agreement.
(4) Subsections (2) to (7) of section 35 below shall apply in relation to the enforcement of the obligation imposed by subsection (2) above as they apply in relation to the enforcement of the obligation imposed by subsection (1)(b) of that section.
(5) Subsections (2) to (7) of section 35 below, as applied by subsection (8) of that section, shall apply in relation to the enforcement of the obligation imposed by subsection (3) above as they apply in relation to the enforcement of the obligation imposed by subsection (1)(b) of that section, as so applied.”
5 
In Schedule 2 to the Act (furnishing of particulars of agreements) in paragraph 2 (which discharges or modifies the obligation to furnish particulars where an agreement which becomes subject to registration after it is made is determined or varied before particulars are furnished) at the end there shall be inserted—“
(4) Where the time for furnishing particulars of an agreement is determined by entry (f) of the Table in paragraph 5(1) below—
(a) sub-paragraph (2) above shall not apply where the restrictions made or information provisions accepted under the agreement take effect before the agreement is determined, and
(b) sub-paragraph (3) above shall only apply to variation of the agreement before the restrictions made or information provisions accepted under it take effect.”
John Taylor,
Parliamentary Under Secretary of State
Department of Trade and Industry
19th February 1996