Made | 6th April 2004 | ||
Laid before Parliament | 8th April 2004 | ||
Coming into force | 1st May 2004 |
(k) "regulator" means any regulator mentioned in section 54(1) of the Act; and
(l) "working day" means a day which is not -
Information
3.
For the purpose of determining which competent persons have jurisdiction to exercise Part 1 functions in relation to a case a competent person may send to any other competent person details of any information he receives that an infringement of -
may have taken place.
Determination of the exercise of prescribing functions
4.
- (1) If a competent person proposes to exercise any of the prescribed functions in relation to a case and he considers that another competent person has or may have concurrent jurisdiction to exercise Part 1 functions in relation to that case, he shall inform that other competent person of his intention to exercise prescribed functions in relation to that case.
(2) Where a competent person has informed another competent person of his intention to exercise prescribed functions in accordance with paragraph (1) in relation to a case all such competent persons (together "the relevant competent persons") shall agree who shall exercise prescribed functions in relation to that case.
(3) When agreement has been reached in accordance with paragraph (2), the case shall be transferred to the competent person who is to exercise prescribed functions in relation to that case and the OFT shall as soon as practicable inform in writing the relevant competent persons which competent person is to exercise prescribed functions in relation to the case.
Dispute
5.
- (1) If the relevant competent persons are not able to reach agreement in accordance with regulation 4(2) within a reasonable time, the OFT shall inform the Secretary of State in writing.
(2) Any relevant competent person may make representations in writing to the Secretary of State no later than the date upon which the OFT informs the Secretary of State in accordance with paragraph (1) of the failure to reach agreement.
(3) The Secretary of State shall within 8 working days of receipt of a communication made in accordance with paragraph (1) -
(4) In making a determination in accordance with paragraph (3)(a) the Secretary of State shall take into consideration any representations made in accordance with paragraph (2).
Avoidance of double jeopardy
6.
- (1) Where two or more competent persons may have concurrent jurisdiction in relation to a case, no competent person shall exercise any prescribed functions in relation to that case before agreement has been reached in accordance with regulation 4(2) or a determination has been made in accordance with regulation 5(3)(a) as to which competent person is to exercise prescribed functions in relation to a case.
(2) Subject to regulation 7, once agreement has been reached in accordance with regulation 4(2) or a determination has been made in accordance with regulation 5(3)(a) as to which competent person is to exercise prescribed functions in relation to a case, no other competent person shall exercise any of the prescribed functions in relation to that case.
Transfer
7.
- (1) Subject to paragraphs (2) and (4), a competent person who has exercised any Part 1 functions in relation to a case ("the transferor") may agree with another competent person who has concurrent jurisdiction to exercise Part 1 functions in relation to that case ("the transferee") to transfer the case to the transferee.
(2) Subject to paragraph (4), if the transferor and the transferee propose to agree a transfer in accordance with paragraph (1), the transferor shall notify in writing the undertaking which is the subject of the exercise of Part 1 functions in that case of the proposed transfer and shall invite the recipient of the notice to make written representations upon the proposal within seven working days of the date of that notice.
(3) Subject to paragraph (4), if a transfer is agreed in accordance with paragraph (1), the transferor shall inform the undertaking which is the subject of the exercise of Part 1 functions in that case in writing that the transferee is to exercise jurisdiction in relation to the case from the date of the transfer and of the reasons for this transfer.
(4) The transferor shall not be under any obligation to notify an undertaking in accordance with paragraph (2) or to inform an undertaking in accordance with paragraph (3) if -
Use of staff
8.
- (1) A competent person who wishes to exercise Part 1 functions in relation to a case ("the appointor") may appoint an officer of another competent person ("the appointee") to act as his officer in relation to that case provided that the competent person of which the appointee is an officer gives his written consent to the appointment on or prior to the date upon which the appointment commences.
(2) An appointee shall be an officer of the appointor for the purposes of sections 27 to 29 inclusive of the Act.
(3) Any act or omission of the appointee within the terms of the appointment shall be deemed to be an act or omission of the appointor.
Service of notices
9.
Any notice to be served on any person under regulation 7 may be served by post, and a letter containing that notice shall be deemed to be properly addressed if it is addressed to that person at its registered office or last known residence or last known place of business in the United Kingdom.
Revocation
10.
The Competition Act 1998 (Concurrency) Regulations 2000[3] are hereby revoked.
Gerry Sutcliffe,
Parliamentary under Secretary of State for Employment Relations, Competition and Consumers, Department of Trade and Industry
6th April 2004