Change 1 Article Choose an article Title and introductory text 1 Enactments replaced. 2 Agreements etc. preventing, restricting or distorting competition. 3 Excluded agreements. 4 Individual exemptions. 5 Cancellation etc. of individual exemptions. 6 Block exemptions. 7 Block exemptions: opposition. 8 Block exemptions: procedure. 9 Exempt agreements. 10 Assimilated exemptions. 10A Power to vary etc assimilated block exemption regulations 11 Exemption for certain other agreements. 12 Requests for OFT to examine agreements. 13 Notification for guidance. 14 Notification for a decision. 15 Effect of guidance. 16 Effect of a decision that the Chapter I prohibition has not been infringed. 17 Enactments replaced. 18 Abuse of dominant position. 19 Excluded cases. 20 Requests for OFT to consider conduct. 21 Notification for guidance. 22 Notification for a decision. 23 Effect of guidance. 24 Effect of a decision that the Chapter II prohibition has not been infringed. 25 Power of CMA to investigate 25A Power of CMA to publish notice of investigation etc 25B Duty to preserve documents relevant to investigations 26 Investigations: powers to require documents and information 26A Investigations: power to ask questions 27 Power to enter business premises without a warrant 28 Power to enter business premises under a warrant. 28A Power to enter domestic premises under a warrant 29 Entry of premises under warrant: supplementary. 30 Privileged communications. 30A Use of statements in prosecution 31 Decisions following an investigation. 31A Commitments 31B Effect of commitments under section 31A 31C Review of commitments 31D Guidance 31E Enforcement of commitments 31F Power for Secretary of State to impose time-limits on investigations etc. 32 Directions in relation to agreements. 33 Directions in relation to conduct. 34 Enforcement of directions. 35 Interim measures. 35A Enforcement of powers under sections 31A, 32, 33 and 35: imposition of penalties 35B Penalties under section 35A: amount 35C Statement of policy in relation to functions under sections 31E, 34 and 35A 36 Penalties. 37 Recovery of penalties. 38 The appropriate level of a penalty. 39 Limited immunity in relation to the Chapter I prohibition. 40 Limited immunity in relation to the Chapter II prohibition. 40ZA Interpretation 40ZB Transferred EU anti-trust commitments 40ZC Transferred EU anti-trust directions 40ZD Information relating to transferred EU anti-trust commitments and transferred EU anti-trust directions 40ZE Enforcement of requirements: imposition of penalties 40A Penalties: amount 40B Statement of policy on penalties 41 Agreements notified to the Commission. 42 Obstruction. 43 Destroying or falsifying documents. 44 False or misleading information. 44A Giving of notices under Chapter 3 44B Extra-territorial application of notices under sections 26 and 40ZD 45 The Competition Commission. 46 Appealable decisions. 47 Third party appeals 47A Proceedings before the Tribunal: claims for damages etc. 47B Collective proceedings before the Tribunal 47C Collective proceedings: damages and costs 47D Proceedings under section 47A or collective proceedings: injunctions etc. 47DA Proceedings under section 47A or collective proceedings: declaratory relief 47E Limitation or prescriptive periods for proceedings under section 47A and collective proceedings 47F Further provision about claims in respect of loss or damage , or for declaratory relief, before a court or the Tribunal 48 Appeal tribunals. 49 Further appeals from the Tribunal 49A Collective settlements: where a collective proceedings order has been made 49B Collective settlements: where a collective proceedings order has not been made 49C Approval of redress schemes by the CMA 49D Redress schemes: recovery of costs 49E Enforcement of approved schemes 50 Vertical agreements and land agreements. 51 Rules. 52 Advice and information. 53 Fees. 54 Regulators. 55 General restrictions on disclosure of information. 56 Director and Secretary of State to have regard to certain matters in relation to the disclosure of information. 57 Defamation. 58 Findings of fact by CMA. 58A Infringement decisions 59 Interpretation of Part 1. 60 Principles to be applied in determining questions. 60A Certain principles etc to be considered or applied from IP completion day 61 Interpretation of Part 2 62 Power to enter business premises under a warrant: Article 20 inspections 62A Power to enter non-business premises under a warrant: Article 21 inspections 62B Powers when conducting an Article 22(2) inspection 63 Power to enter business premises under a warrant: Article 22(2) inspections 64 Entry of premises under sections 62, 60, 62A and 63: supplementary. 65 Offences. 65A Privileged communications: Article 22(2) inspections 65B Use of statements in prosecution: Article 22(2) inspections 65C Interpretation of Part 2A 65D Power to conduct an Article 22(1) investigation 65E Powers when conducting Article 22(1) investigations 65F Power to enter business premises without a warrant 65G Power to enter business premises under a warrant 65H Power to enter domestic premises under a warrant 65I Entry of premises under a warrant: supplementary 65J Privileged communications 65K Use of statements in prosecution 65L Offences 65M Destroying or falsifying documents 65N False or misleading information 66 Monopoly investigations: general. 67 Offences. 68 Services relating to use of land. 69 Reports: monopoly references. 70 Contracts as to patented products etc. 71 Regulations, orders and rules. 72 Offences by bodies corporate etc. 73 Crown application. 74 Amendments, transitional provisions, savings and repeals. 75 Consequential and supplementary provision. 75A Rules in relation to Part 2 and Part 2A 76 Short title, commencement and extent. SCHEDULE 1 Exclusions: Mergers and Concentrations SCHEDULE 2 Exclusions: Other Competition Scrutiny SCHEDULE 3 General Exclusions SCHEDULE 5 Notification under Chapter I: Procedure SCHEDULE 6 Notification under Chapter II: Procedure SCHEDULE 6A COMMITMENTS SCHEDULE 8 Appeals SCHEDULE 8A Further Provision about Claims in Respect of Loss or Damage , or for Declaratory Relief, Before a Court or the Tribunal SCHEDULE 9 CMA's Rules SCHEDULE 10 Regulators SCHEDULE 12 Minor and Consequential Amendments SCHEDULE 13 Transitional Provisions and Savings SCHEDULE 14 Repeals and Revocations
What to do with it
As published
21 Notification for guidance.
(1) A person who applies for conduct to be considered under this section must—
(a) notify the OFT of it; and
(b) apply to the OFT for guidance.
(2) On an application under this section, the OFT may give the applicant guidance as to whether or not, in its view, the conduct is likely to infringe the Chapter II prohibition.
Your wording
Your change, as a redline
21 Notification for guidance.
(1) A person who applies for conduct to be considered under this section must—
(a) notify the OFT of it; and
(b) apply to the OFT for guidance.
(2) On an application under this section, the OFT may give the applicant guidance as to whether or not, in its view, the conduct is likely to infringe the Chapter II prohibition.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.