Law

Fair Trading Act 1973

United Kingdom · statute

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In force since 2026-01-19, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 148 provisions
  1. Title and introductory text
  2. 1 Director General of Fair Trading.
  3. 2 General functions of Director.
  4. 3 Consumer Protection Advisory Committee.
  5. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  6. 5 Principal functions of Commission.
  7. 6 Monopoly situation in relation to supply of goods.
  8. 7 Monopoly situation in relation to supply of services.
  9. 8 Monopoly situation in relation to exports.
  10. 9 Monopoly situation limited to part of United Kingdom.
  11. 10 Supplementary provisions relating to ss. 6 to 9.
  12. 11 Meaning of “complex monopoly situation”.
  13. 12 Powers of Secretary of State in relation to functions of Director.
  14. 13 Meaning of “consumer trade practice”.
  15. 14 General provisions as to references to Advisory Committee.
  16. 15 Exclusion from s. 14 in respect of certain services.
  17. 16 Restriction on references under s. 14 in respect of certain goods and services.
  18. 17 Reference to Advisory Committee proposing recommendation to Secretary of State to make an order.
  19. 18 No such recommendation to be made except in pursuance of reference to which s. 17 applies.
  20. 19 Scope of recommendation proposed in reference to which s. 17 applies.
  21. 20 Time-limit and quorum for report on reference to which s. 17 applies.
  22. 21 Report of Advisory Committee on reference to which s. 17 applies.
  23. 22 Order of Secretary of State in pursuance of report on reference to which s. 17 applies.
  24. 23 Penalties for contravention of order under s. 22.
  25. 24 Offences due to default of other person.
  26. 25 Defences in proceedings under s. 23.
  27. 26 Limitation of effect of orders under s. 22.
  28. 27 Enforcing authorities.
  29. 28 Power to make test purchases.
  30. 29 Power to enter premises and inspect and seize goods and documents.
  31. 30 Offences in connection with exercise of powers under s. 29.
  32. 31 Notice of test.
  33. 32 Compensation for loss in respect of goods seized under s. 29.
  34. 33 Application of Part II to Northern Ireland.
  35. 34 Action by Director with respect to course of conduct detrimental to interests of consumers.
  36. 35 Proceedings before Restrictive Practices Court.
  37. 36 Evidence in proceedings under s. 35.
  38. 37 Order of, or undertaking given to, Court in proceedings under s. 35.
  39. 38 Provisions as to persons consenting to or conniving at courses of conduct detrimental to interests of consumers.
  40. 39 Order of, or undertaking given to, Court in proceedings under s. 38.
  41. 40 Provisions as to interconnected bodies corporate.
  42. 41 Concurrent Jurisdiction of other courts in certain cases.
  43. 41A Meaning of “relevant Court”.
  44. 42 Appeals from decisions or orders of courts under Part III.
  45. 43 Legal aid in proceedings under Part III in Restrictive Practices Court.
  46. 44 General power for Director to require information.
  47. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  48. 46 Supplementary provisions as to requirements to furnish information.
  49. 47 General provisions as to monopoly references
  50. 48 Monopoly reference limited to the facts.
  51. 49 Monopoly reference not limited to the facts.
  52. 50 Monopoly references by Director.
  53. 51 Monopoly references by Ministers.
  54. 52 Variation of monopoly reference.
  55. 53 Publication of monopoly references and variations, and of directions relating to them.
  56. 54 Report of Commission on monopoly reference.
  57. 55 Time-limit for report on monopoly reference.
  58. 56 Order of appropriate Minister on report on monopoly reference.
  59. 56A Proposals by Director.
  60. 56B Proposals under section 56A: preparatory steps.
  61. 56C Proposals under section 56A: exclusion of sensitive information.
  62. 56D Acceptance by Secretary of State of proposals under section 56A.
  63. 56E Review of undertakings.
  64. 56F Release, variation and replacement of undertakings.
  65. 56G Publication of undertakings etc.
  66. 57 Meaning of “newspaper”, “transfer of newspaper or of newspaper assets” and related expressions.
  67. 58 Prohibition of certain newspaper mergers.
  68. 59 Newspaper merger reference.
  69. 60 Time-limit for report on newspaper merger reference.
  70. 61 Report on newspaper merger reference.
  71. 62 Enforcement provisions relating to newspaper mergers.
  72. 63 Mergers references to which ss. 64 to 75 apply.
  73. 64 Merger situation qualifying for investigation.
  74. 65 Enterprises ceasing to be distinct enterprises.
  75. 66 Time when enterprises cease to be distinct.
  76. 66A Obtaining control by stages.
  77. 67 Valuation of assets taken over.
  78. 68 Supplementary provisions as to merger situations qualifying for investigation.
  79. 69 Different kinds of merger references.
  80. 70 Time-limit for report on merger reference.
  81. 71 Variation of certain merger references.
  82. 72 Report of Commission on merger reference.
  83. 73 Order of Secretary of State on report on merger reference.
  84. 74 Interim order in respect of merger reference.
  85. 75 Reference in anticipation of merger.
  86. 75A General rule where notice given by acquirer and no reference made within period for considering notice.
  87. 75B The role of the Director.
  88. 75C Cases where power to refer unaffected.
  89. 75D Regulations
  90. 75E Interpretation of sections 75A to 75D.
  91. 75F Power to amend sections 75B to 75D.
  92. 75G Acceptance of undertakings.
  93. 75H Publication of undertakings.
  94. 75J Review of undertakings.
  95. 75K Order of Secretary of State where undertaking not fulfilled.
  96. 76 Functions of Director in relation to merger situations.
  97. 77 Associated persons.
  98. 78 General references.
  99. 79 References as to restrictive labour practices.
  100. 80 Variation of reference under Part VI.
  101. 81 Procedure in carrying out investigations
  102. 82 General provisions as to reports.
  103. 83 Laying before Parliament and publication of reports.
  104. 84 Public interest.
  105. 85 Attendance of witnesses and production of documents.
  106. 86 Director to receive copies of reports.
  107. 87 Supplementary provisions as to laying reports before Parliament.
  108. 88 Action by Director in consequence of report of Commission on monopoly or merger reference.
  109. 89 Interim order after report of Commission under s. 54 or s. 72.
  110. 90 General provisions as to orders under ss. 56, 73, 74 and 89.
  111. 91 Procedure relating to orders to which s. 90 applies.
  112. 92 Investigation of company or association with reference to order to which s. 90 applies.
  113. 93 Enforcement of orders to which s. 90 applies.
  114. 93A Enforcement of undertakings.
  115. 93B False or misleading information.
  116. 94 Transfer of functions of Registrar to Director.
  117. 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  118. 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  119. 118 Trading schemes to which Part XI applies.
  120. 119 Regulations relating to such trading schemes.
  121. 120 Offences under Part XI.
  122. 121 Defences in certain proceedings under Part XI.
  123. 122 Penalties for offences under Part XI.
  124. 123 Enforcement provisions.
  125. 124 Publication of information and advice.
  126. 125 Annual and other reports of Director.
  127. 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  128. 127 Additional power to make orders under Agricultural Marketing Act 1958.
  129. 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  130. 129 Time-limit for prosecutions.
  131. 130 Notice to Director of intended prosecution.
  132. 131 Notification of convictions and judgments to Director.
  133. 132 Offences by bodies corporate.
  134. 133 General restrictions on disclosure of information.
  135. 134 Provisions as to orders.
  136. 135 Financial provisions.
  137. 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  138. 137 General interpretation provisions.
  139. 138 Supplementary interpretation provisions.
  140. 139 Amendments, repeals and transitional provisions.
  141. 140 †Short title, citation, commencement and extent.
  142. SCHEDULE 3
  143. SCHEDULE 8 Powers Exercisable by Orders Under Sections 56 and 73
  144. SCHEDULE 9 Procedure Preliminary to Laying Draft of Order to which Section 91(1) Applies
  145. SCHEDULE 10
  146. SCHEDULE 11 Transitional Provisions and Savings
  147. SCHEDULE 12 ENACTMENTS AMENDED
  148. SCHEDULE 13 ENACTMENTS REPEALED

Proposed changes to this act

No one has proposed a change to this act yet.

148 provisions

71 Variation of certain merger references.

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72 Report of Commission on merger reference.

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73 Order of Secretary of State on report on merger reference.

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74 Interim order in respect of merger reference.

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75 Reference in anticipation of merger.

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75A General rule where notice given by acquirer and no reference made within period for considering notice.

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75B The role of the Director.

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75C Cases where power to refer unaffected.

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75D Regulations

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75E Interpretation of sections 75A to 75D.

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75F Power to amend sections 75B to 75D.

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75G Acceptance of undertakings.

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75H Publication of undertakings.

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75J Review of undertakings.

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75K Order of Secretary of State where undertaking not fulfilled.

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76 Functions of Director in relation to merger situations.

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77 Associated persons.

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78 General references.

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79 References as to restrictive labour practices.

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80 Variation of reference under Part VI.

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81 Procedure in carrying out investigations

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82 General provisions as to reports.

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83 Laying before Parliament and publication of reports.

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84 Public interest.

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85 Attendance of witnesses and production of documents.

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86 Director to receive copies of reports.

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87 Supplementary provisions as to laying reports before Parliament.

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88 Action by Director in consequence of report of Commission on monopoly or merger reference.

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89 Interim order after report of Commission under s. 54 or s. 72.

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90 General provisions as to orders under ss. 56, 73, 74 and 89.

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91 Procedure relating to orders to which s. 90 applies.

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92 Investigation of company or association with reference to order to which s. 90 applies.

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93 Enforcement of orders to which s. 90 applies.

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93A Enforcement of undertakings.

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93B False or misleading information.

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94 Transfer of functions of Registrar to Director.

(1) Subject to the transitional provisions having effect by virtue of section 139 of this Act, the functions of the Registrar of Restrictive Trading Agreements are hereby transferred to the Director,... (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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118 Trading schemes to which Part XI applies.

(1) This Part of this Act applies to any trading scheme if— (a) the prospect is held out to participants of receiving payments or other benefits in respect of any of the matters specified in subsection (2) of this section; and (b) (subject to subsection (7) of this section) either or both of the conditions in subsections (3) and (4) of this section are fulfilled in relation to the scheme. (2) The matters referred to in paragraph (a) of subsection (1) of this section are— (a) the introduction by any person of other persons who become participants in a trading scheme; (b) the continued participation of participants in a trading scheme; (c) the promotion, transfer or other change of status of participants within a trading scheme; (d) the supply of goods or services by any person to or for other persons; (e) the acquisition of goods or services by any person. (3) The condition in this subsection is that— (a) goods or services, or both, are to be provided by the person promoting the scheme (in this Part of this Act referred to as “the promoter”) or, in the case of a scheme promoted by two or more persons acting in concert (in this Part of this Act referred to as “the promoters”), by one or more of those persons; and (b) the goods or services so provided— (i) are to be supplied to or for other persons under transactions effected by participants (whether in the capacity of agents of the promoter or of one of the promoters or in any other capacity), or (ii) are to be used for the purposes of the supply of goods or services to or for other persons under such transactions. (4) The condition in this subsection is that goods or services, or both, are to be supplied by the promoter or any of the promoters to or for persons introduced to him or any of the other promoters (or an employee or agent of his or theirs) by participants. (5) For the purposes of this Part of this Act a prospect of a kind mentioned in paragraph (a) of subsection (1) of this section shall be treated as being held out to a participant whether it is held out so as to confer on him a legally enforceable right or not. (6) This Part of this Act does not apply to any trading scheme— (a) under which the promoter or any of the promoters or participants is to carry on, or to purport to carry on, a relevant regulated activity; (b) which otherwise falls within a description prescribed by regulations made by the Secretary of State by statutory instrument. (6A) For the purposes of subsection (6)(a), “relevant regulated activity” means— (a) dealing in investments as principal or agent; (b) arranging deals in investments; (ba) operating a multilateral trading facility; (bb) operating an organised trading facility; (bc) operating an electronic system by means of which a qualifying public offer is made; (c) managing investments; (d) safeguarding and administering investments; (e) sending dematerialised instructions; (ea) managing a UCITS; (eb) acting as trustee or depositary of a UCITS; (ec) managing an AIF; (ed) acting as trustee or depositary of an AIF; (f) establishing etc. a collective investment scheme; (g) advising on investments, and paragraphs (a) to (g) must be read with section 22 of the Financial Services and Markets Act 2000, any relevant order under that section, and Schedule 2 to that Act. (7) The Secretary of State may by order made by statutory instrument— (a) disapply paragraph (b) of subsection (1) of this section in relation to a trading scheme of a kind specified in the order; or (b) amend or repeal paragraph (a) of subsection (6) of this section; and no such order, and no order varying or revoking any such order, shall be made under this subsection unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament. (8) In this Part of this Act— “goods” includes property of any description and a right to, or interest in, property; “participant” means, in relation to a trading scheme, a person (other than the promoter or any of the promoters) participating in the scheme; “trading scheme” includes any arrangements made in connection with the carrying on of a business, whether those arrangements are made or recorded wholly or partly in writing or not; and any reference to the provision or supply of goods shall be construed as including a reference to the grant or transfer of a right or interest. (9) In this section any reference to the provision or supply of goods or services by a person shall be construed as including a reference to the provision or supply of goods or services under arrangements to which that person is a party.

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119 Regulations relating to such trading schemes.

(1) Regulations made by the Secretary of State by statutory instrument may make provision with respect to the issue, circulation or distribution of any form of advertisement, prospectus, circular or notice which contains any informationcalculated to lead directly or indirectly to persons becoming participants in such a training scheme, and may prohibit any such advertisement, prospectus, circular or notice from being issued, circulated or distributed unless it complies with such requirements as to the matters to be included or not included in it as may be prescribed by the regulations. (2) Regulations made by the Secretary of State by statutory instrument may prohibit the promoter or any of the promoters of, or any participant in, a trading scheme to which this Part of this Act applies from— (a) supplying any goods to a participant in the trading scheme, or (b) supplying any training facilities or other services for such a participant, or (c) providing any goods or services under a transaction effected by such a participant, or (d) being a party to any arrangements under which goods or services are supplied or provided as mentioned in any of the preceding paragraphs, or (e) accepting from any such participant any payment, or any undertaking to make a payment, in respect of any goods or services supplied or provided as mentioned in any of paragraphs (a) to (d) of this subsection or in respect of any goods or services to be so supplied or provided, unless (in any such case) such requirements as are prescribed by the regulations are complied with. (3) Any requirements prescribed by regulations under subsection (2) of this section shall be such as the Secretary of State considers necessary or expedient for the purpose of preventing participants in trading schemes to which this Part of this Act applies from being unfairly treated; and, without prejudice to the generality of this subsection, any such requirements may include provisions— (a) requiring the rights and obligations of every participant under such a trading scheme to be set out in full in an agreement in writing made between the participant and the promoter or (if more than one) each of the promoters; (b) specifying rights required to be conferred on every such participant, and obligations required to be assumed by the promoter or promoters, under any such trading scheme; or (c) imposing restrictions on the liabilities to be incurred by such a participant in respect of any of the matters mentioned in paragraphs (a) to (e) of subsection (2) of this section. (4) Regulations made under subsection (2) of this section— (a) may include provision for enabling a person who has made a payment as a participant in a trading scheme to which this Part of this Act applies, in circumstances where any of the requirements prescribed by the regulations were not complied with, to recover the whole or part of that payment from any person to whom or for whose benefit it was paid, and (b) subject to any provision made in accordance with the preceding paragraph, may prescribe the degree to which anything done in contravention of the regulations is to be treated as valid or invalid for the purposes of any civil proceedings. (5) The power to make regulations under this section may be exercised so as to make different provision— (a) in relation to different descriptions of trading schemes to which this Part of this Act applies, or (b) in relation to trading schemes which are or were in operation on a date specified in the regulations and trading schemes which are or were not in operation on that date, or in relation to different descriptions of participants in such trading schemes.

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