The Restrictive Trade Practices (Non-notifiable Agreements) (Sale and Purchase, Share Subscription and Franchise Agreements) Order 1997
This Order specifies descriptions of non-notifiable agreements for the purposes of section 27A of the Restrictive Trade Practices Act 1976 (“the Act”). A non-notifiable agreement is an agreement which is registrable under the Act but of which particulars do not have to be notified to the Director General of Fair Trading unless he requires them by serving a notice on the parties. Section 27A of the Act provides, among other things, that a non-notifiable agreement is one which is not, and never has been, a price-fixing agreement and which is not an agreement in respect of which the Director has entered or filed particulars under section 1(2)(b) of the Act. Subject to those qualifications this Order provides that certain sale and purchase agreements, including those in which assets are sold and where there are wider arrangements, share subscription agreements, including those in which there are wider arrangements, franchise agreements, master franchise agreements and development agreements are non-notifiable agreements. Franchise agreement, master franchise agreement and development agreement are terms defined in the Order. This Order applies to agreements made on or after the date on which it comes into force.