Statutory Instrument 1988 No. 68

The Channel Tunnel Act (Competition) (No. 2) Order 1988

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1988 No. 68

COMPETITION

RESTRICTIVE TRADE PRACTICES

The Channel Tunnel Act (Competition) (No. 2) Order 1988

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Made	19th January 1988

Coming into force

16th February 1988

Whereas the Secretary of State has by order dated 18th January 1988 approved a channel tunnel agreement for the purposes of section 29 of the Restrictive Trade Practices Act 1976^[1];

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 33(5) of the Channel Tunnel Act 1987, and after consultation with the Director General of Fair Trading, hereby makes the following Order in connection with that approval:

    1.    This Order may be cited as the Channel Tunnel Act (Competition) (No. 2) Order 1988 and shall come into force on 16th February 1988.

    2.    In this Order "the section 29 agreement" means the channel tunnel agreement providing for the construction of the tunnel system which comprises the documents listed in the Schedule to this Order, and which has been approved by the Secretary of State for the purposes of section 29 of the Restrictive Trade Practices Act 1976 by order dated 18th January 1988.

    3.    In relation to any agreement which is made—
 (a) exclusively for the purpose of the performance by the persons specified in article 5 below of their obligations under the section 29 agreement or of the exercise of their rights under that agreement, and
 (b) in pursuance or furtherance of the section 29 agreement,
the persons specified in article 5 below (being parties to the section 29 agreement) and any body corporate which is a member of the same group as any of them shall be deemed to be interconnected bodies corporate for the purposes of the Restrictive Trade Practices Act 1976.

    4.    In relation to any course of conduct engaged in in connection with the construction of the tunnel system, the persons specified in article 5 below (being parties to the section 29 agreement) and any body corporate which is a member of the same group as any of them shall be deemed to be persons who are to be treated as associated for the purposes of section 2 of the Competition Act 1980^[2].

    5.    The persons referred to in articles 3 and 4 above are—

Balfour Beatty Construction Limited

Costain Civil Engineering Limited

Tarmac Construction Limited

Taylor Woodrow Construction Limited

Wimpey Major Projects Limited

Bouygues SA

Dumez SA

Societe Auxiliaire D'Entreprises SA

Societe Generale D'Entreprises SA

Spie Batignolles SA

GIE Transmanche Construction.

Francis Maude

Parliamentary Under Secretary of State, Department of Trade and Industry

19th January 1988

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Notes:

[1] 1976 c. 34; section 29 was amended in its application to channel tunnel agreements by section 33 of the Channel Tunnel Act 1987 (c. 53).

[2] 1980 c. 21.

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