Fair Trading Act 1996

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1996/1996-0015/FairTradingAct1996_5.pdf
Published: 2015-12-01

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Fair Trading Act 1996

c i e
AT 15 of 1996

FAIR TRADING ACT 1996

Fair Trading Act 1996 Index


c AT 15 of 1996 Page 3

c i e
FAIR TRADING ACT 1996

Index Section Page

PART 1 – CONDUCT AFFECTING CONSUMERS’ INTERESTS 5

Conduct detrimental to consumers’ interests 5

1 Action with respect to course of conduct detrimental to consumers’
interests ............................................................................................................................ 5
2 Legal proceedings ........................................................................................................... 7
3 Order of, or undertaking given to, Court in proceedings under s 2 ....................... 7
4 Accessories to course of conduct detrimental to consumers’ interests ................... 8
5 Order of, or undertaking given to, Court in proceedings under s 4 ....................... 9
6 Interpretation of ss 1-5 ................................................................................................. 10
Consumer trade practices 11

7 Consumer trade practices ............................................................................................ 11
PART 1A - TRADING SCHEMES 11

7A Trading schemes to which this Part applies ............................................................. 11
7B Regulations relating to such trading schemes .......................................................... 13
7C Offences .......................................................................................................................... 14
7D Offences – supplemental .............................................................................................. 16
PART 2 – ANTI-COMPETITIVE PRACTICES AND PRICES 17

Investigation of anti-competitive practices 17

8 Meaning of “anti-competitive practice” .................................................................... 17
9 Preliminary report on anti-competitive practice ...................................................... 18
10 Undertakings relating to anti-competitive practices ............................................... 18
Competition references 20

11 Competition references ................................................................................................ 20
12 Report on competition reference ................................................................................ 22
13 Time limit for report on competition reference ........................................................ 22
14 Undertakings following report on competition reference ...................................... 23
Orders following report on competition reference 24

15 Orders following report on competition reference .................................................. 24
Index Fair Trading Act 1996


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16 Orders under s 15: supplemental ............................................................................... 25
17 Procedure for orders under s 15 ................................................................................. 26
18 Enforcement of orders under s 15 .............................................................................. 26
Investigations of prices 27

19 Investigations of prices ................................................................................................ 27
Price references 27

19A Price references ............................................................................................................. 27
19B Undertakings following report on price reference .................................................. 29
19C Orders following report on price reference .............................................................. 29
19D Orders under s 19C: supplemental ............................................................................ 30
PART 3 – GENERAL 31

General functions of Board 31

20 General functions of Board ......................................................................................... 31
Offences 32

21 False or misleading information ................................................................................ 32
22 Time limit for prosecutions ......................................................................................... 33
23 Offences by bodies corporate ..................................................................................... 33
Supplemental provisions 33

24 Procedure on references etc ........................................................................................ 33
25 General restrictions on disclosure of information ................................................... 34
26 Interpretation ................................................................................................................ 35
27 Short title and commencement ................................................................................... 36
SCHEDULE 1 37

ENFORCEMENT OF ORDERS RELATING TO CONSUMER TRADE
PRACTICES 37
SCHEDULE 2 38

POWERS EXERCISABLE BY ORDER UNDER SECTION 15 38
SCHEDULE 3 41

REFERENCES, INVESTIGATIONS AND REPORTS 41
ENDNOTES 45

TABLE OF LEGISLATION HISTORY 45
TABLE OF RENUMBERED PROVISIONS 45
TABLE OF ENDNOTE REFERENCES 45

Fair Trading Act 1996 Section 1


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c i e
FAIR TRADING ACT 1996

Received Royal Assent: 18 June 1996
Passed: 19 June 1996
Commenced: 1 August 1996
AN ACT
to enable action to be taken against conduct detrimental to consumers
and anti-competitive practices; to enable prices to be investigated; and for
connected purposes.
PART 1 – CONDUCT AFFECTING CONSUMERS’ INTERESTS

Conduct detrimental to consumers’ interests
1 Action with respect to course of conduct detrimental to consumers’

interests

[P1973/41/34 and 38]
(1) Where it appears to the Isle of Man Office of Fair Trading (in this Act
called “OFT
”) that the person carrying on a business has in the course of
that business behaved in a manner which —
(a) is detrimental to the interests of consumers in the Island, whether
those interests are economic interests or interests in respect of
health, safety or other matters, and
(b) in accordance with the following provisions of this section is to be
regarded as unfair to consumers,
OFT shall use its best endeavours, by communication with that person or
otherwise, to obtain from him such an assurance as is mentioned in
subsection (2).1

(2) The assurance referred to in subsection (1) is a satisfactory written
assurance given by the person concerned that he will refrain from —
(a) behaving in that manner;
(b) behaving in any similar manner in the course of any business
which may at any time be carried on by him; and
Section 1 Fair Trading Act 1996


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(c) if he is an individual, consenting to or conniving at such
behaviour by any body corporate in relation to which, at any time
when it so behaves, he fulfils the condition specified in subsection
(3)(a) or (b).
(3) The condition referred to in subsection (2)(c) is that the person either —
(a) is at that time a director, manager, secretary or other similar
officer of the body corporate or a person purporting to act in any
such capacity, or
(b) whether being an individual or a body of persons, corporate or
unincorporate, has at that time a controlling interest in that body
corporate.
(4) For the purposes of subsection (1)(b) behaviour shall be regarded as
unfair to consumers if it consists of contraventions of one or more
enactments which impose duties, prohibitions or restrictions enforceable
by criminal proceedings, whether any such duty, prohibition or
restriction is imposed in relation to consumers as such or not and
whether the person carrying on the business has or has not been
convicted of any offence in respect of any such contravention.
(5) Behaviour on the part of the person carrying on a business shall also be
regarded for those purposes as unfair to consumers if it consists of things
done, or omitted to be done, in the course of that business in breach of
contract or in breach of a duty (other than a contractual duty) owed to
any person by virtue of any enactment or rule of law and enforceable by
civil proceedings, whether (in any such case) civil proceedings in respect
of the breach of contract or breach of duty have been brought or not.
(6) For the purpose of determining whether it appears to it that a person has
behaved in such a manner as is mentioned in subsection (1), OFT shall
have regard to either or both of the following —
(a) complaints received by it, whether from consumers or from other
persons;
(b) any other information collected by or furnished to OFT, whether
by virtue of this Act or otherwise.2
3

(7) For the purposes of this section a person (whether being an individual or
a body of persons, corporate or unincorporate) has a controlling interest
in a body corporate if (but only if) that person can, directly or indirectly,
determine the manner in which one-half of the votes which could be cast
at a general meeting of the body corporate are to be cast on matters, and
in circumstances, not of such a description as to bring into play any
special voting rights or restrictions on voting rights.
Fair Trading Act 1996 Section 2


c AT 15 of 1996 Page 7

2 Legal proceedings

[P1973/41/35 and 36]
(1) If, in the circumstances specified in section 1(1), —
(a) OFT is unable to obtain from the person in question such an
assurance as is mentioned in section 1(2), or4

(b) that person has given such an assurance and it appears to OFT
that he has failed to observe it,5

the Attorney General may, at the request of OFT, bring proceedings
against him before the High Court.6

(2) For the purposes of section 11 of the Civil Evidence Act 1973 (convictions
as evidence in civil proceedings), proceedings under this section shall
(without prejudice to the generality of section 18(1) of that Act) be taken
to be civil proceedings within the meaning of that Act.
(3) Where in any proceedings under this section such a breach of contract or
breach of duty as is mentioned in section 1(5) is alleged, a judgment of
any court given in civil proceedings, which includes a finding that the
breach of contract or breach of duty in question was committed, —
(a) shall be admissible in evidence for the purpose of proving the
breach of contract or breach of duty, and
(b) shall, unless the contrary is proved, be taken to be sufficient
evidence that the breach of contract or breach of duty was
committed.
(4) For the purposes of subsection (3) no account shall be taken of a
judgment given in any civil proceedings if it has subsequently been
reversed on appeal, or has been varied on appeal so as to negative the
finding referred to in that subsection.
3 Order of, or undertaking given to, Court in proceedings under s 2

[P1973/41/37]
(1) Where in any proceedings before the High Court under section 2 —
(a) the Court finds that the person against whom the proceedings are
brought (in this section referred to as “the respondent”) has in the
course of a business carried on by him behaved in such a manner
as is mentioned in section 1(1), and
(b) the respondent does not give an undertaking to the Court under
subsection (3) which is accepted by the Court, and
(c) it appears to the Court that, unless an order is made against the
respondent under this section, he is likely to continue to behave in
that manner or in a similar manner,
the Court may make an order against the respondent under this section.
Section 4 Fair Trading Act 1996


Page 8 AT 15 of 1996 c

(2) An order of the Court under this section shall (with such degree of
particularity as appears to the Court to be sufficient for the purposes of
the order) indicate the nature of the behaviour to which the finding of
the Court under subsection (1)(a) relates, and shall direct the
respondent —
(a) to refrain from behaving in that manner;
(b) to refrain from behaving in any similar manner in the course of
any business which may at any time be carried on by him; and
(c) if he is an individual, to refrain from consenting to or conniving at
such behaviour by any body corporate in relation to which, at any
time when it so behaves, he fulfils the condition specified in
section 1(3)(a) or (b).
(3) Where in any proceedings under section 2 the Court makes such a
finding as is mentioned in subsection (1)(a), and the respondent offers to
give to the Court an undertaking either —
(a) to refrain as mentioned in subsection (2)(a), (b) and (c), or
(b) to take particular steps which, in the opinion of the Court, would
suffice to prevent the behaviour to which the complaint relates
continuing, and to prevent the respondent behaving in any
similar manner in the course of any business carried on by him,
the Court may, if it thinks fit, accept that undertaking instead of making
an order under this section.
4 Accessories to course of conduct detrimental to consumers’ interests

[P1973/41/38]
(1) This section applies where it appears to OFT —
(a) that a body corporate has in the course of a business carried on by
that body behaved in such a manner as is mentioned in section
1(1), and
(b) that it has so behaved with the consent or connivance of a person
(in this section and section 5 called “the accessory
”) who at a
material time fulfilled the condition specified in section 1(3)(a) or
(b) in relation to that body.7

(2) If, in the circumstances specified in subsection (1), —
(a) OFT has used its best endeavours to obtain from the accessory
such an assurance as is mentioned in subsection (3) and has been
unable to obtain such an assurance from him, or8

(b) the accessory has given such an assurance to OFT and it appears
to OFT that he has failed to observe it,9

the Attorney General may, at the request of OFT, bring proceedings
against the accessory before the High Court.10

Fair Trading Act 1996 Section 5


c AT 15 of 1996 Page 9

(3) The assurance referred to in subsection (2) is a satisfactory written
assurance given by the accessory that he will refrain from —
(a) continuing to consent to or connive at the behaviour in question;
(b) behaving in a similar manner in the course of any business which
may at any time be carried on by him; and
(c) consenting to or conniving at such behaviour by any other body
corporate in relation to which, at any time when it so behaves, he
fulfils the condition specified in section 1(3)(a) or (b).
(4) Proceedings may be brought against the accessory under this section
whether or not any proceedings are brought under section 2 against the
body corporate referred to in subsection (1).
(5) Section 2(2) to (4) has effect in relation to proceedings under this section
as it has effect in relation to proceedings under section 2(1).
5 Order of, or undertaking given to, Court in proceedings under s 4

[P1973/41/39]
(1) Where in any proceedings brought against the accessory before the High
Court under section 4 —
(a) the Court finds that the conditions specified in section 4(1)(a) and
(b) are fulfilled in the case of the accessory, and
(b) the accessory does not give an undertaking to the Court under
subsection (3) which is accepted by the Court, and
(c) it appears to the Court that, unless an order is made against the
accessory under this section, it is likely that he will not refrain
from acting in one or more of the ways mentioned in 4(3)(a) to (c),
the Court may make an order against the accessory under this section.
(2) An order of the Court under this section shall (with such degree of
particularity as appears to the Court to be sufficient for the purposes of
the order) indicate the nature of the behaviour to which the finding of
the Court under subsection (1)(a) relates, and shall direct the accessory,
in relation to the behaviour so indicated, to refrain from acting in any of
the ways mentioned in section 4(4)(a) to (c).
(3) Where in any proceedings under section 4 the Court makes such a
finding as is mentioned in subsection (1)(a), and the accessory offers to
give to the Court an undertaking either —
(a) to refrain from acting in any of the ways mentioned in section
4(3)(a) to (c), or
(b) to take particular steps which, in the opinion of the Court, would
suffice to prevent him from acting in any of those ways,
the Court may, if it thinks fit, accept that undertaking instead of making
an order under this section.
Section 6 Fair Trading Act 1996


Page 10 AT 15 of 1996 c

6 Interpretation of ss 1-5

[P1973/41/137]
(1) In sections 1 to 5 “consumer
” (subject to subsection (2)) means any
person who is either —
(a) a person to whom goods are or are sought to be supplied
(whether by way of sale or otherwise) in the course of a business
carried on by the person supplying or seeking to supply them, or
(b) a person for whom services are or are sought to be supplied in the
course of a business carried on by the person supplying or seeking
to supply them,
and who does not receive or seek to receive the goods or services in the
course of a business carried on by him.
(2) For the purposes of the application of any provision of sections 1 to 5 and
this section in relation to goods or services of a particular description,
“consumers
” means persons who are consumers (as defined by
subsection (1)) in relation to goods or services of that description.
(3) For the purposes of sections 1 to 5 and this section it is immaterial
whether any person supplying goods or services has a place of business
in the Island or not.
(4) For the purposes of sections 1 to 5 and this section any goods or services
supplied wholly or partly outside the Island, if they are supplied in
accordance with arrangements made in the Island, whether made orally
or by one or more documents delivered in the Island or by
correspondence posted from and to addresses in the Island, shall be
treated as goods supplied to, or services supplied for, persons in the
Island.
(5) In relation to the supply of goods under a hire-purchase agreement or
any other any agreement under which the price or other money
consideration is payable by instalments, the person conducting any
antecedent negotiations, as well as the owner or seller, shall for the
purposes of sections 1 to 5 and this section be treated as a person
supplying or seeking to supply the goods; and in this subsection “hire-
purchase agreement” and “antecedent negotiations” have the same
meanings as in Part 1 of the Supply of Goods and Services Act 1996.
(6) In sections 1 to 5 and this section —
(a) any reference to a person to or for whom goods or services are
supplied shall be construed as including a reference to any
guarantor of such a person, and
(b) any reference to the terms or conditions on or subject to which
goods or services are supplied shall be construed as including a
reference to the terms or conditions on or subject to which any
person undertakes to act as such a guarantor;
Fair Trading Act 1996 Section 7


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and in this subsection ”guarantor”, in relation to a person to or for whom
goods or services are supplied, includes a person who undertakes to
indemnify the supplier of the goods or services against any loss which he
may incur in respect of the supply of the goods or services to or for that
person.
(7) For the purposes of any provisions to which this section applies goods or
services supplied by a person carrying on a business shall be taken to be
supplied in the course of that business if payment for the supply of the
goods or services is made or (whether under a contract or by virtue of an
enactment or otherwise) is required to be made.
Consumer trade practices
7 Consumer trade practices

[P1973/41/13]
(1) OFT may by order apply to the Island, as part of the law of the Island,
any order made under section 22 (consumer trade practices) of the Fair
Trading Act 1973 (an Act of Parliament), subject to such exceptions,
adaptations and modifications as may be specified in the order under
this subsection.11

(2) Before making an order under subsection (1) OFT shall consult such
persons likely to be affected by the order, or such organisations
representing those persons, as appear to it to be appropriate.12

(3) An order under subsection (1) shall not have effect unless it is approved
by Tynwald.
(4) Schedule 1 has effect with respect to the enforcement of an order under
the said section 22 which is applied to the Island by an order under
subsection (1).
PART 1A - TRADING SCHEMES
13

7A Trading schemes to which this Part applies

[P1973/41/118; P1996/32/1]
(1) This Part 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); and
(b) (subject to subsection (7)) either or both of the conditions in
subsections (3) and (4) are fulfilled in relation to the scheme.
(2) The matters referred to in subsection (1)(a) are —
Section 7 Fair Trading Act 1996


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(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 (“the promoter”) or, in the case of a scheme
promoted by 2 or more persons acting in concert (“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 a prospect of a kind mentioned in
subsection (1)(a) 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 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, investment business or
services to collective investment schemes in the Island (falling
under the Financial Services Act 2008); or14

(b) which otherwise falls within a description prescribed by
regulations made by the Department of Economic Development
(“the Department
”).15

(7) The Department may by order —
(a) disapply subsection (1)(b) in relation to a trading scheme of a kind
specified in the order; or
(b) amend or repeal subsection (6)(a).
Fair Trading Act 1996 Section 7


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(8) In this Part —
“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.16

7B Regulations relating to such trading schemes

[P1973/41/119; P1996/32/2(1)]
(1) The Department may by regulations
(a) make provision with respect to the issue, circulation or
distribution of any form of advertisement, prospectus, circular or
notice which contains any information calculated to lead directly
or indirectly to persons becoming participants in a trading scheme
to which this Part applies; and
(b) 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) The Department may by regulations prohibit the promoter or any of the
promoters of, or any participant in, a trading scheme to which this Part
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 paragraph (a), (b) or (c),
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
Section 7 Fair Trading Act 1996


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(a) to (d) 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) shall be
such as the Department considers necessary or expedient for the purpose
of preventing participants in trading schemes to which this Part 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
subsection (2)(a) to (e).
(4) Regulations under subsection (2) —
(a) may include provision for enabling a person who has made a
payment as a participant in a trading scheme to which this Part
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 paragraph (a),
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) Regulations and orders under this Part shall not have effect unless they
are approved by Tynwald.17

7C Offences

[P1973/41/120; P1996/32/2(2)]
(1) Subject to section 7D, any person who issues, circulates or distributes, or
causes another person to issue, circulate or distribute, an advertisement,
prospectus, circular or notice in contravention of any regulations under
section 7B(1) is guilty of an offence
(2) Any person who contravenes any regulations under section 7B(2) is
guilty of an offence.
Fair Trading Act 1996 Section 7


c AT 15 of 1996 Page 15

(3) If any person who is a participant in a trading scheme to which this Part
applies, or has applied or been invited to become a participant in such a
trading scheme, —
(a) makes any payment to or for the benefit of the promoter or (if
there is more than one) any of the promoters, or to or for the
benefit of a participant in the trading scheme, and
(b) is induced to make that payment by reason that the prospect is
held out to him of receiving payments or other benefits in respect
of the introduction of other persons who become participants in
the trading scheme,
any person to whom or for whose benefit that payment is made is guilty
of an offence.
(4) If the promoter or any of the promoters of a trading scheme to which this
Part applies, or any other person acting in accordance with such a
trading scheme, by holding out to any person such a prospect as is
mentioned in subsection (3)(b), attempts to induce him —
(a) if he is already a participant in the trading scheme, to make any
payment to or for the benefit of the promoter or any of the
promoters or to or for the benefit of a participant in the trading
scheme, or
(b) if he is not already a participant in the trading scheme, to become
such a participant and to make any such payment as is mentioned
in paragraph (a),
the person attempting to induce him to make that payment is guilty of an
offence.
(5) In determining, for the purposes of subsection (3) or subsection (4),
whether an inducement or attempt to induce is made by holding out
such a prospect as is therein mentioned, it shall be sufficient if such a
prospect constitutes or would constitute a substantial part of the
inducement.
(6) Where the person by whom an offence is committed under subsection (3)
or (4) is not the sole promoter of the trading scheme in question, any
other person who is the promoter or (as the case may be) one of the
promoters of the trading scheme is, subject to section 7D, also guilty of
that offence.
(7) Nothing in subsections (3) to (6) shall be construed as limiting the
circumstances in which the commission of any act may constitute an
offence under subsection (1) or (2).
(8) In this section any reference to the making of a payment to or for the
benefit of a person shall be construed as including the making of a
payment partly to or for the benefit of that person and partly to or for the
benefit of one or more other persons.18

Section 7 Fair Trading Act 1996


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7D Offences – supplemental

[P1973/41/121-123]
(1) A person guilty of an offence under section 7C is liable —
(a) on summary conviction, to a fine not exceeding £5,000 or to
custody for a term not exceeding 6 months or to both;
(b) on conviction on information, to a fine or to custody for a term not
exceeding 2 years or to both.
(2) Where a person is charged with an offence under section 7C(1) in respect
of an advertisement, it shall be a defence for him to prove that —
(a) he is a person whose business it is to publish or arrange for the
publication of advertisements,
(b) he received the advertisement for publication in the ordinary
course of business, and
(c) he did not know, and had no reason to suspect, that its
publication would amount to an offence under section 7C(1).
(3) Where a person is charged with an offence by virtue of section 7C(6), it
shall be a defence for him to prove —
(a) that the trading scheme to which the charge relates was in
operation before the commencement of this Part, and
(b) that the act constituting the offence was committed without his
consent or connivance.
(4) The following provisions of the Consumer Protection (Trade Descriptions)
Act 1970 apply in relation to the enforcement of regulations under section
7B by OFT as they apply in relation to the enforcement of that Act —
section 27 (power to make test purchases);
section 28 (power to enter premises and inspect and seize goods
and documents);
section 29 (obstruction of inspectors);
section 30(1) (notice of test); and
section 33 (compensation for loss etc. of goods seized).19

(5) Any enactment which authorises the disclosure of information for the
purpose of facilitating the enforcement of the said Act of 1970 shall apply
as if regulations under section 7B were contained in that Act, and as if
the functions of any person in relation to the enforcement of those
regulations were functions under that Act.20

Fair Trading Act 1996 Section 8


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PART 2 – ANTI-COMPETITIVE PRACTICES AND PRICES

Investigation of anti-competitive practices
8 Meaning of “anti-competitive practice”

[P1980/21/2]
(1) For the purposes of this Part a person engages in an anti-competitive
practice if, in the course of business, he pursues a course of conduct
which, of itself or when taken together with a course of conduct pursued
by another person or other persons, has or is intended to have or is likely
to have the effect of restricting, distorting or preventing competition in
connection with the production, supply or acquisition of goods in the
Island or the supply or securing of services in the Island. This is subject
to subsections (2) and (4A).21

(2) For the purposes of this Part, a course of conduct does not constitute an
anti-competitive practice if it is excluded for those purposes by an order
made by the Council of Ministers.
(3) An order under subsection (2) —
(a) may limit the exclusion conferred by it by reference to a particular
class of persons or to particular circumstances;
(b) without prejudice to the generality of paragraph (a), may exclude
the conduct of any person by reference to the size of his business,
whether expressed by reference to turnover, as defined in the
order, or to his share of a market, as so defined, or in any other
manner; and
(c) shall not have effect unless it is approved by Tynwald.
(4) For the purpose only of enabling the Council of Ministers to establish
whether any person’s course of conduct is excluded by virtue of any such
provision of an order under subsection (2) as is referred to in subsection
(3)(a), the order may provide for the application, with appropriate
modifications, of paragraph 6 of Schedule 3 (provision of information).
(4A) A breach of the relevant competition provisions applied to the Island by
the Payment Services (Competition) Regulations 20151 constitutes an
anti-competitive practice for the purposes of subsection (1) above.22

(5) and (6) [Repealed]23

(7) In this section “the supply or securing of services” includes providing a
place or securing that a place is provided other than on a highway for the
parking of a motor vehicle (within the meaning of the Road Traffic Act
1985).
1 SD 2015/0205
Section 9 Fair Trading Act 1996


Page 18 AT 15 of 1996 c

(8) For the purposes of this Part any question whether, by pursuing any
course of conduct in connection with the acquisition of goods or the
securing of services by it, a public authority is engaging in an anti-
competitive practice shall be determined as if the words “in the course of
business” were omitted from subsection (1).
9 Preliminary report on anti-competitive practice

[P1980/21/3; P1994/40/12]
(1) If it appears to OFT that any person has been or is pursuing a course of
conduct which may amount to an anti-competitive practice, OFT may
investigate and report the question whether that person has been or is
pursuing a course of conduct which does amount to such practice.24

(2) A report of OFT under this section shall be published in accordance with
Schedule 3.25

10 Undertakings relating to anti-competitive practices

[P1980/21/4; P1994/40/12]
(1) Where it appears to OFT —
(a) that there are reasonable grounds for believing that any person is
pursuing, or has pursued, a course of conduct which constitutes
an anti-competitive practice,
(b) that the practice may operate, now or in future, or have operated,
against the public interest, and
(c) that an undertaking offered to be given to OFT by that person, or
by any other person, would remedy or prevent effects adverse to
the public interest which the practice may now or in future have,26

OFT may, at any time before a reference is made under section 11(1)(a) in
relation to the course of conduct in question, accept the undertaking by
giving notice to the person by whom it is offered.27

(2) OFT may not accept an undertaking under subsection (1) unless it has —
(a) arranged for the publication of a notice complying with
subsection (3), and
(b) considered any representations made to it in accordance with the
notice.28

(3) A notice under subsection (2)(a) shall —
(a) state that OFT is proposing to exercise its power under subsection
(1),29

(b) identify the course of conduct whose pursuit prompts the exercise
of that power,
(c) identify the person who OFT believes is pursuing, or has pursued
that course of conduct,30

Fair Trading Act 1996 Section 10


c AT 15 of 1996 Page 19

(d) identify the goods or services in relation to which OFT believes
that person is pursuing, or has pursued, that course of conduct,31

(e) specify the effects which OFT has identified as effects adverse to
the public interest which that course of conduct may now or in
future have,32

(f) set out the terms of the undertaking which OFT is proposing to
accept,33

(g) identify the person by whom the undertaking is to be given, and
(h) specify a deadline for the making to OFT of representations about
what it proposes to do.34

(4) Once OFT has considered any representation made to it in accordance
with a notice under paragraph (a) of subsection (2), that subsection shall
not apply to the acceptance of a modified version of the undertaking set
out in the notice.35

(5) OFT shall —
(a) arrange for any undertaking accepted by it under this section to
be published in such manner as appears to it to be appropriate,
(b) keep under review the carrying out of any such undertaking and
from time to time consider whether, by reason of any change of
circumstances, the undertaking is no longer appropriate and
either the person concerned can be released from the undertaking
or the undertaking needs to be varied or superseded by a new
undertaking, and
(c) if it appears to it that the person by whom an undertaking was
given has failed to carry it out, give that person notice of that
fact.36

(6) If at any time OFT concludes under subsection (5)(b) —
(a) that any person can be released from an undertaking, or
(b) that an undertaking needs to be varied or superseded by a new
undertaking,
it shall give notice to that person stating that he is so released, or
specifying the variation or, as the case may be, the new undertaking
which in its opinion is required.37

(7) Where a notice is given under subsection (6) specifying a variation or
new undertaking, the notice shall state the change of circumstances by
virtue of which the notice is given.
(8) Subject to subsection (9), OFT may at any time, by notice given to the
person concerned —
(a) agree to the continuation of an undertaking in relation to which it
has given notice under subsection (6) specifying a variation or
new undertaking, or
Section 11 Fair Trading Act 1996


Page 20 AT 15 of 1996 c

(b) accept a new or varied undertaking which is offered by that
person as a result of such a notice.38

(9) If a reference is made under section 11 in relation to a notice under
subsection (5), OFT shall not, after the reference has been made, agree to
the continuation of the undertaking in relation to which that notice was
given or accept a new or varied undertaking which is offered as a result
of that notice.39

(10) Section 8(5) and (6) applies for the purposes of this section as it applies
for the purposes of section 8.
Competition references
11 Competition references

[P1980/21/5-7; P1994/40/12]
(1) In any case where —
(a) it appears to the Council of Ministers, after considering a report of
OFT on an investigation under section 9, that any person is
pursuing, or has pursued, a course of conduct which constitutes
an anti-competitive practice,40

(b) OFT has given notice to any person under section 10(5)(c) with
respect to an undertaking given by that person, or41

(c) OFT has given notice to any person under section 10(6) specifying
either a variation of an undertaking or a new undertaking which
is required and has neither accepted a new or varied undertaking
from that person nor agreed upon the continuation of the original
undertaking,42

then, subject to the following provisions of this section, the Council of
Ministers may refer to such Department or Statutory Board, or such
other person or persons, as the Council of Ministers thinks appropriate
(“the commission”), the questions specified in subsection (6) for
investigation and report.43

(2) [Repealed]44

(3) In a competition reference the Council of Ministers shall specify —
(a) the person or persons subject to the reference, that is, whose
activities are to be investigated by the commission,
(b) the goods or services to which the investigation is to extend, and
(c) the course or courses of conduct to be investigated.
(4) The Council of Ministers may not under subsection (3) specify in a
competition reference any person who is not specified in the relevant
report nor any goods or services which are not so specified nor any
course of conduct which is not described in that report but, subject to
Fair Trading Act 1996 Section 11


c AT 15 of 1996 Page 21

that and to subsection (5), the Council of Ministers may under subsection
(3) specify such person or persons, such goods or services and such
course or courses of conduct as it considers appropriate.
(5) Where OFT has accepted an undertaking under section 10 with respect to
the pursuit by any person of a course of conduct in relation to any goods
or services, the Council of Ministers may not, while the undertaking is in
force, make a competition reference by virtue of subsection (1)(a) with
respect to the pursuit by that person of a course of conduct in relation to
those goods or services.45

(6) Subject to subsection (7), on a competition reference the commission shall
investigate and report to the Council of Ministers on the following
questions —
(a) whether any person subject to the reference was at any time
during the period of 12 months ending on the date of the
reference pursuing, in relation to goods or services specified in the
reference, a course of conduct so specified or any other course of
conduct which appears to be similar in form and effect to the one
so specified; and
(b) whether, by pursuing any such course of conduct, a person
subject to the reference was at any time during that period
engaging in an anti-competitive practice; and
(c) whether, if any person was so engaging in an anti-competitive
practice, the practice operated or might be expected to operate
against the public interest.
(7) The Council of Ministers may at any time, by notice given to the
commission, restrict the scope of a competition reference by excluding
from the reference —
(a) some or all of the activities of any person subject to the reference,
(b) any goods or services specified in the reference, or
(c) any course of conduct so specified,
and on the receipt of such notice the commission shall discontinue its
investigation so far as it relates to any matter so excluded and shall make
no reference to any such matter in its report.
(8) Where the Council of Ministers makes a competition reference or varies
such a reference under subsection (7) the Chief Secretary shall arrange
for the reference or, as the case may be, the variation to be published in
such manner as he considers most suitable for bringing it to the attention
of persons who, in his opinion, would be affected by it or be likely to
have an interest in it.
Section 12 Fair Trading Act 1996


Page 22 AT 15 of 1996 c

12 Report on competition reference

[P1980/21/8]
(1) A report of the commission on a competition reference shall be made to
the Council of Ministers, and shall be published in accordance with
Schedule 3.
(2) Subject to section 11(7), a report on a competition reference shall state,
with reasons, the conclusions of the commission with respect to the
following matters —
(a) whether any person whose activities were investigated was at any
time during the period of 12 months referred to in paragraph (a)
of section 11(6) pursuing any such course of conduct as is referred
to in that paragraph; and
(b) if so, whether by pursuing such a course of conduct any such
person was at any time during that period engaging in an anti-
competitive practice; and
(c) if so, whether that anti-competitive practice operated or might be
expected to operate against the public interest; and
(d) if so, what are, or are likely to be, the effects adverse to the public
interest.
(3) If, on a competition reference, the commission concludes that any person
was at any time during the period of 12 months referred to in section
11(6)(a) engaging in an anti-competitive practice which operated or
might be expected to operate against the public interest, the
commission —
(a) shall, as part of its investigations, consider what action (if any)
should be taken for the purpose of remedying or preventing the
adverse effects of that practice; and
(b) may, if it thinks fit, include in its report recommendations as to
such action including, where appropriate, action by one or more
Departments or other public authorities.
13 Time limit for report on competition reference

[P1973/41/70]
(1) Every competition reference shall specify a period (not being longer than
6 months beginning with the date of the reference) within which a report
on the reference is to be made; and a report of the commission on a
competition reference shall not have effect, and no action shall be taken
in relation to it under this Act, unless the report is made before the end of
that period or of such further period (if any) as may be allowed by the
Council of Ministers in accordance with subsection (2).
(2) The Council of Ministers shall not allow any further period for a report
on a competition reference except on representations made by the
Fair Trading Act 1996 Section 14


c AT 15 of 1996 Page 23

commission and on being satisfied that there are special reasons why the
report cannot be made within the period specified in the reference; and
the Council of Ministers shall allow only one such further period on any
one reference, and no such further period shall be longer than 3 months.
14 Undertakings following report on competition reference

[P1980/21/9]
(1) In any case where —
(a) the report of the commission on a competition reference
concludes that any person specified in the report was engaging in
an anti-competitive practice which operated or might be expected
to operate against the public interest, and
(b) it appears to the Council of Ministers that the effects of that
practice which are adverse to the public interest might be
remedied or prevented if that person or any other person
specified in the report took or refrained from taking any action,
the Council of Ministers may by notice in writing request OFT to seek to
obtain from the person or, as the case may be, each of the persons
specified in the notice an undertaking to take or refrain from taking any
action with a view to remedying or preventing those adverse effects.46

(2) Where the Council of Ministers makes a request under subsection (1) —
(a) the Chief Secretary shall at the same time send a copy of the notice
by which the request is made to the person or, as the case may be,
each of the persons from whom an undertaking is to be sought;
and
(b) OFT shall seek to obtain an undertaking or undertakings of the
description requested.47

(3) In any case where —
(a) OFT is satisfied that a person from whom it has been requested to
seek to obtain an undertaking is unlikely to give a suitable
undertaking within a reasonable time, or48

(b) having allowed such time as in its opinion is reasonable for the
purpose, it is satisfied that a suitable undertaking has not been
given by the person in question,
OFT shall give such advice to the Council of Ministers as it may think
proper in the circumstances.49

(4) Where, following a request under subsection (1), an undertaking has
been accepted by OFT, it shall —
(a) give a copy of the undertaking to the Council of Ministers;
(b) arrange for the undertaking to be published in such manner as
appears to it to be appropriate;
Section 15 Fair Trading Act 1996


Page 24 AT 15 of 1996 c

(c) keep under review the carrying out of the undertaking and from
time to time to consider whether, by reason of any change of
circumstances, the undertaking is no longer appropriate and
either the person concerned can be released from the undertaking
or the undertaking needs to be varied or to be superseded by a
new undertaking; and
(d) if it appears to OFT that any person can be so released or that an
undertaking has not been or is not being fulfilled, or needs to be
varied or superseded, give such advice to the Council of Ministers
as it may think proper in the circumstances.50
51

(5) If, following advice from OFT that a person can be released from an
undertaking, the Council of Ministers considers that it is appropriate for
OFT to release him from it —
(a) the Council of Ministers shall request OFT to do so, and52

(b) OFT shall give the person concerned notice that he is released
from the undertaking.53
54

Orders following report on competition reference
15 Orders following report on competition reference

[P1980/21/10]
(1) If, in any case where the report of a commission on a competition
reference concludes that any person specified in the report was engaged
in an anti-competitive practice which operated or might be expected to
operate against the public interest —
(a) the Council of Ministers has not under section 14(1) requested
OFT to seek to obtain undertakings from one or more of the
persons so specified, or55

(b) following a request under section 14(1) OFT has informed the
Council of Ministers that it is satisfied as mentioned in section
14(3)(a) or (b), or56

(c) OFT has informed the Council of Ministers that an undertaking
accepted by it under section 14 from a person specified in the
report has not been or is not being fulfilled,57

the Council of Ministers may, if it thinks fit, make an order under this
section.
(2) Subject to the following provisions of this section, an order under this
section may do either or both of the following —
(a) prohibit a person named in the order from engaging in any anti-
competitive practice which was specified in the report or from
pursuing any other course of conduct which is similar in form and
effect to that practice; and
Fair Trading Act 1996 Section 16


c AT 15 of 1996 Page 25

(b) for the purpose of remedying or preventing any adverse effects
which are specified in the report as mentioned in section 12(2)(d),
exercise one or more of the powers specified in Schedule 2 to such
extent and in such manner as the Council of Ministers considers
necessary for that purpose.
(3) No order may be made by virtue of subsection (2)(a) in respect of any
person unless he is a person specified in the commission’s report and
either —
(a) he has not given an undertaking which OFT sought to obtain from
him in pursuance of a request under section 14(1); or58

(b) OFT was not requested under section 14(1) to seek to obtain an
undertaking from him; or59

(c) OFT has informed the Council of Ministers that an undertaking
given by him and accepted by OFT under section 14 has not been
or is not being fulfilled.60

16 Orders under s 15: supplemental

[P1973/41/90]
(1) Nothing in an order under section 15 shall have effect so as to apply to
any person in relation to his conduct outside the Island unless that
person is —
(a) a British citizen, a British Dependent Territories citizen, a British
Overseas citizen or a British National (Overseas),
(b) a body corporate incorporated under the law of the Island, or
(c) a person carrying on business in the Island, either alone or in
partnership with one or more other persons,
but, in the case of a person falling within paragraph (a), (b) or (c), any
such order may extend to acts or omissions outside the Island.
(2) An order under section 15 may extend so as to prohibit the carrying out
of agreements already in existence on the date on which the order is
made.
(3) [Repealed]61

(4) An order under section 15 may authorise the Council of Ministers to give
directions to a person specified in the directions, or to the holder for the
time being of an office so specified in any company or association, —
(a) to take such steps within his competence as may be specified or
described in the directions for the purpose of carrying out, or
securing compliance with, the order, or
(b) to do or refrain from doing anything so specified or described
which he might be required by the order to do or refrain from
doing,
Section 17 Fair Trading Act 1996


Page 26 AT 15 of 1996 c

and may authorise the Council of Ministers to vary or revoke any
directions so given.
17 Procedure for orders under s 15

[P1973/41/91]
(1) No order under section 15 shall have effect unless it is approved by
Tynwald.
(2) Before an order under section 15 is made, the Chief Secretary shall
publish, in one or more newspapers published and circulating in the
Island, a notice —
(a) stating the intention of the Council of Ministers to make the order;
(b) indicating the nature of the provisions to be embodied in the
order; and
(c) stating that any person whose interests are likely to be affected by
the order, and who is desirous of making representations in
respect of it, should do so in writing (stating his interest and the
grounds on which he wishes to make the representations) before a
date specified in the notice (that date being not earlier than the
end of the period of 30 days beginning with the day on which
publication of the notice is completed);
and the Council of Ministers shall not make the order before the date
specified in the notice in accordance with paragraph (c) and shall
consider any representations duly made to it in accordance with the
notice before that date.
18 Enforcement of orders under s 15

[P1973/41/93]
(1) No criminal proceedings shall, by virtue of the making of an order under
section 15, lie against any person on the grounds that he has committed,
or aided, abetted, counselled or procured the commission of, or
conspired or attempted to commit, or incited others to commit, any
contravention of the order.
(2) Nothing in subsection (1) limits any right of any person to bring civil
proceedings in respect of any contravention or apprehended
contravention of any such order, and (without prejudice to the generality
of the preceding words) compliance with any such order shall be
enforceable by civil proceedings at the suit of the Attorney General for an
injunction or for any other appropriate relief.
(3) If any person makes default in complying with any directions given
under section 16(4), the High Court may, on the application of the
Attorney General, make an order requiring that person to make good the
default within a time specified in the order, or, if the directions related to
anything to be done in the management or administration of a company
Fair Trading Act 1996 Section 19


c AT 15 of 1996 Page 27

or association, requiring the company or association or any officer of it to
do so.
(4) Any order of the Court under subsection (3) may provide that all the
costs or expenses of or incidental to the application for the order shall be
borne by any person in default or by any officers of a company or
association who are responsible for its default.
Investigations of prices
19 Investigations of prices

[P1980/21/13]
(1) OFT may carry out an investigation into any price, with a view to
providing the Council of Ministers with information relating to that
price, if it is satisfied that the price in question is one of major public
concern.62

(2) In determining whether a price is one of major public concern, OFT shall
have regard to whether —
(a) the provision or acquisition of the goods or services in question is
of general economic importance; or
(b) consumers are significantly affected, whether directly or
indirectly, by the price.63

(3) On completion of an investigation under this section OFT shall make a
report on the investigation to the Council of Ministers —
(a) stating its findings of fact which are material to the information
which it provides; and
(b) containing such additional observations (if any) as it considers
should be brought to the attention of the Council of Ministers as a
result of the investigation.64

(4) A report under subsection (3) shall be published in accordance with
Schedule 3.
Price references65

19A Price references

(1) In any case where it appears to the Council of Ministers, after
considering a report of OFT on an investigation under section 19, that
any person resident or carrying on business in the Island has charged or
charges an excessive price for any goods or services to which this section
applies (whether supplied by him or by any other person, and whether
supplied in the Island or elsewhere), then, subject to the following
provisions of this section, the Council of Ministers may refer to such
Section 19 Fair Trading Act 1996


Page 28 AT 15 of 1996 c

Department or Statutory Board, or such other person or persons, as the
Council of Ministers thinks appropriate (“the commission”), the question
specified in subsection (4) for investigation and report.66

(2) In a price reference the Council of Ministers shall specify —
(a) the person or persons subject to the reference, that is, the price
charged by whom is to be investigated by the commission, and
(b) the goods or services to which the investigation is to extend.
(3) The Council of Ministers may not under subsection (2) specify in a price
reference any person who is not specified in the relevant report nor any
goods or services which are not so specified but, subject to that, the
Council of Ministers may under subsection (2) specify such person or
persons and such goods or services as it considers appropriate.
(4) Subject to subsection (6), on a price reference the commission shall
investigate and report to the Council of Ministers on the question
whether any person subject to the reference was at any time during the
period of 12 months ending on the date of the reference charging for
goods or services specified in the reference an excessive price or prices.
(5) In determining on a price reference whether any price for goods or
services is or was excessive the commission shall take all material
considerations into account, and in particular the following matters —
(a) the cost of producing the goods or services, including the cost of
any capital, goods and services required to produce them;
(b) the cost of marketing and distributing the goods or services;
(c) the extent to which, and the price at which, the persons to whom
the goods or services were or are supplied could or can
reasonably obtain comparable goods or services from other
persons;
(d) the probability of alternative sources of supply of the goods or
services becoming available;
(e) the economy and efficiency with which the goods or services are
produced, marketed and distributed;
(f) the margin of gross profit obtained by any person by whom the
goods or services are produced, marketed or supplied; and
(g) the margin of gross profit obtained by other persons by whom
comparable goods or services are produced, marketed or supplied
(whether in the Island or elsewhere).
(6) The Council of Ministers may at any time, by notice given to the
commission, restrict the scope of a price reference by excluding from the
reference —
(a) any person subject to the reference, or
(b) any goods or services specified in the reference;
Fair Trading Act 1996 Section 19


c AT 15 of 1996 Page 29

and on the receipt of such notice the commission shall discontinue its
investigation so far as it relates to any matter so excluded and shall make
no reference to any such matter in its report.
(7) Where the Council of Ministers makes a price reference or varies such a
reference under subsection (6) the Chief Secretary shall arrange for the
reference or, as the case may be, the variation to be published in such
manner as he considers most suitable for bringing it to the attention of
persons who, in his opinion, would be affected by it or be likely to have
an interest in it.
(8) Sections 12 and 13 apply with any necessary modifications to the report
of the commission on a price reference as they apply to the report of the
commission on a competition reference.
(9) This section applies to goods of a description, and services of a
description, specified in an order made by the Council of Ministers; and
an order under this subsection shall not have effect unless it is approved
by Tynwald.67

19B Undertakings following report on price reference

(1) In any case where —
(a) the report of the commission on a price reference concludes that
any person specified in the report was charging for goods or
services specified in the reference an excessive price or prices, and
(b) it appears to the Council of Ministers that that person or any other
person specified in the report ought to charge a lower price or
prices for those goods or services,
the Council of Ministers may by notice in writing request OFT to seek to
obtain from the person or, as the case may be, each of the persons
specified in the notice an undertaking to charge a lower price or prices
for those goods or services.68

(2) Section 14(2) to (5) applies with any necessary modifications to a request
under subsection (1) as it applies to a request under section 14(1).69

Orders following report on price reference70

19C Orders following report on price reference

(1) If, in any case where the report of a commission on a price reference
concludes that any person specified in the report was charging for goods
or services specified in the reference an excessive price or prices —
(a) the Council of Ministers has not under section 19B(1) requested
OFT to seek to obtain undertakings from one or more of the
persons so specified, or71

Section 19 Fair Trading Act 1996


Page 30 AT 15 of 1996 c

(b) following a request under section 19B(1) OFT has informed the
Council of Ministers that it is satisfied as mentioned in section
14(3)(a) or (b) (as applied by section 19B(2)), or72

(c) OFT has informed the Council of Ministers that an undertaking
accepted by it under section 14 (as applied by section 19B(2)) from
a person specified in the report has not been or is not being
fulfilled,73

the Council of Ministers may, if it thinks fit, make an order under this
section.
(2) Subject to the following provisions of this section, an order under this
section may require a person named in the order not to charge, without
the consent of OFT, for goods or services specified in the order a price or
prices exceeding the price or prices specified in or determined in
accordance with the order.74

(3) No order may be made by virtue of subsection (2) in respect of any
person unless he is a person specified in the commission’s report and
either —
(a) he has not given an undertaking which OFT sought to obtain from
him in pursuance of a request under section 19B(1); or75

(b) OFT was not requested under section 19B(1) to seek to obtain an
undertaking from him; or76

(c) OFT has informed the Council of Ministers that an undertaking
given by him and accepted by OFT under section 14 (as applied
by section 19B(2)) has not been or is not being fulfilled.77

(4) No order may be made by virtue of subsection (2) in respect of any goods
or services unless they are goods or services —
(a) to which section 19A applies, and
(b) in respect of which the relevant report has concluded that the
prices charged for them were excessive.78

19D Orders under s 19C: supplemental

(1) Nothing in an order under section 19C shall have effect so as to apply to
any person in relation to goods or services supplied outside the Island
unless that person is —
(a) a British citizen, a British Dependent Territories citizen, a British
Overseas citizen or a British National (Overseas),
(b) a body corporate incorporated under the law of the Island, or
(c) a person carrying on business in the Island, either alone or in
partnership with one or more other persons,
Fair Trading Act 1996 Section 20


c AT 15 of 1996 Page 31

but, in the case of a person falling within paragraph (a), (b) or (c), any
such order may extend to prices charged for goods or services supplied
outside the Island.
(2) An order under section 19C may extend so as to limit the prices charged
for goods or services to be supplied under agreements already in
existence on the date on which the order is made, but shall not affect the
prices charged for goods and services supplied before that date.
(3) Sections 17 and 18(1) and (2) apply to an order under section 19C as they
apply to an order under section 15.79

PART 3 – GENERAL

General functions of Board
20 General functions of Board

[P1973/41/2]
(1) Without prejudice to any other functions assigned to it by or under this
Act, it is the duty of OFT, so far as appears to it to be practicable from
time to time —
(a) to keep under review the carrying on of commercial activities in
the Island which relate to goods supplied to consumers in the
Island or produced with a view to their being so supplied, or
which relate to services supplied for consumers in the Island, and
to collect information with respect to such activities, and the
persons by whom they are carried on, with a view to its becoming
aware of, and ascertaining the circumstances relating to, practices
which may adversely affect the economic interests of consumers
in the Island, and
(b) to receive and collate evidence becoming available to OFT with
respect to such activities as are mentioned in paragraph (a) and
which appears to it to be evidence of practices which may
adversely affect the interests (whether they are economic interests
or interests with respect to health, safety or other matters) of
consumers in the Island.80
81

(2) It is also the duty of OFT, so far as appears to it to be practicable from
time to time, to keep under review the carrying on of commercial
activities in the Island, and to collect information with respect to those
activities, and the persons by whom they are carried on, with a view to
its becoming aware of, and ascertaining the circumstances relating to,
anti-competitive practices (as defined by section 8).82

(3) It is the duty of OFT, where either it considers it expedient or it is
requested by the Council of Ministers to do so —
Section 21 Fair Trading Act 1996


Page 32 AT 15 of 1996 c

(a) to give information and assistance to the Council of Ministers
with respect to any of the matters in respect of which OFT has any
duties under subsections (1) and (2), or83

(b) to make recommendations to the Council of Ministers as to any
action which in the opinion of OFT it would be expedient for the
Council of Ministers to take in relation to any of the matters in
respect of which OFT has any such duties.84
85

(4) It is also the duty of OFT to have regard to evidence becoming available
to it with respect to any course of conduct on the part of a person
carrying on a business which appears to be conduct detrimental to the
interests of consumers in the Island and, in accordance with sections 1 to
5, to be regarded as unfair to them, with a view to considering what
action (if any) it should take under those sections; and section 6
(interpretation) applies to this subsection as it applies to those sections.86

(5) In exercising its functions under this section OFT shall act in accordance
with any general or special directions of the Council of Ministers.87

(6) In this section “commercial activities in the Island” means any of the
following —
(a) the production and supply of goods in the Island,
(b) the supply of services in the Island.
Offences
21 False or misleading information

[P1973/41/93B]
(1) If a person furnishes any information to the Council of Ministers, OFT or
a commission in connection with any of their functions under this Act,
and either he knows the information to be false or misleading in a
material particular, or he furnishes the information recklessly and it is
false or misleading in a material particular, he is guilty of an offence.88

(2) A person who —
(a) furnishes any information to another which he knows to be false
or misleading in a material particular, or
(b) recklessly furnishes any information to another which is false or
misleading in a material particular,
knowing that the information is to be used for the purpose of furnishing
information as mentioned in subsection (1), is guilty of an offence.
(3) A person guilty of an offence under subsection (1) or (2) is liable —
(a) on summary conviction, to a fine not exceeding £5,000, and
(b) on conviction on information, to imprisonment for a term not
exceeding 2 years or to a fine or to both.
Fair Trading Act 1996 Section 22


c AT 15 of 1996 Page 33

(4) Section 22(1) (time limit for prosecutions) does not apply to an offence
under this section.
22 Time limit for prosecutions

[P1973/41/129]
(1) Subject to section 21(4), no prosecution for an offence under this Act shall
be commenced after the expiration of 3 years from the commission of the
offence or one year from its discovery by the prosecutor, whichever is the
earlier.
(2) Notwithstanding anything in section 75 of the Summary Jurisdiction Act
1989, a court of summary jurisdiction may try a complaint for an offence
under this Act if the complaint was laid within 12 months from the
commission of the offence.
23 Offences by bodies corporate

[P1973/41/132]
(1) Where an offence under this Act, which has been committed by a body
corporate, is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any
director, manager, secretary or other similar officer of the body
corporate, or any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of that offence and be
liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members,
subsection (1) applies in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of
the body corporate.
Supplemental provisions
24 Procedure on references etc

(1) Schedule 3 shall have effect with respect to —
(a) a reference under section 9, and an investigation or report
pursuant to such a reference;
(b) a reference under section 11, and an investigation or report
pursuant to such a reference;
(c) an investigation or report under section 19.
(2) The Council of Ministers may by regulations prescribe the manner in
which notices are to be given under any provision of this Act; and such
regulations may prescribe the evidence which is to be sufficient evidence
of the giving of such notices, and of their contents and authenticity.
Section 25 Fair Trading Act 1996


Page 34 AT 15 of 1996 c

(3) Regulations under subsection (2) shall not have effect unless they are
approved by Tynwald.
25 General restrictions on disclosure of information

[P1973/41/133]
(1) Subject to subsections (2) to (4), no information with respect to any
particular business which has been obtained under or by virtue of this
Act shall, so long as that business continues to be carried on, be disclosed
without the consent of the person for the time being carrying on that
business.
(2) Subsection (1) does not apply to any disclosure of information which is
made —
(a) for the purpose of facilitating the performance of any functions of
the Council of Ministers or any Department or Statutory Board
under —
(i) this Act,
(ii) the Estate Agents Act 1975,
(iii) the Telecommunications Act 1984,
(iv) the Collective Investment Schemes Act 2008,89

(v) Part VI (misleading advertisements) of the Consumer
Protection Act 1991,
(vi) the Broadcasting Act 1993,
(vii) the Financial Services Act 2008; or90

(b) in pursuance of an EU obligation within the meaning of the
European Communities (Isle of Man) Act 1973; or91

(c) for the purposes of facilitating the performance of any function
of —
(i) OFT or the Financial Supervision Commission under the
Payment Services Act 2015;
(ii) a body discharging functions similar to those of OFT or the
Financial Supervision Commission under that Act in a
country or territory which is for the time being part of the
jurisdictional scope of the Single Euro Payment Area; or
(iii) the Commission of the European Union under the relevant
competition provisions.92

(3) Subsection (1) does not apply to any disclosure of information which is
made for the purposes of any proceedings before the High Court or of
any other legal proceedings, whether civil or criminal, under this Act or
Part VI of the Consumer Protection Act 1991.
(4) Nothing in subsection (1) shall be construed —
Fair Trading Act 1996 Section 26


c AT 15 of 1996 Page 35

(a) as limiting the matters which may be included in, or made public
as part of, a report under this Act; or
(b) as applying to any information which has been made public as
part of such a report.
(5) Any person who discloses any information in contravention of this
section is guilty of an offence and liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information, to imprisonment for a term not
exceeding 2 years or to a fine or to both.
26 Interpretation

[P1973/41/137]
In this Act —
“agreement
” means any agreement or arrangement, in whatever way and in
whatever form it is made, and whether it is, or is intended to be, legally
enforceable or not;
“anti-competitive practice
” has the meaning given by section 8;93

“the Board
” [Repealed]94

“business
” includes a professional practice and includes any other undertaking
which is carried on for gain or reward or which is an undertaking in the
course of which goods or services are supplied otherwise than free of
charge;
“commission
” means the person, persons or body to whom a competition
reference or a price reference is made;95

“competition reference
” means a reference under section 11(1);96

“consumer
” has the meaning given by section 6;
“contract of employment
” means a contract of service or of apprenticeship,
whether it is express or implied, and (if it is express) whether it is oral or
in writing;
“goods
” includes buildings and other structures, and also includes ships,
aircraft and hovercraft;
“OFT
” means the Isle of Man Office of Fair Trading;97

“practice
” means any practice, whether adopted in pursuance of an agreement
or otherwise;
“price
” includes any charge or fee, by whatever name called;
“price reference
” means a reference under section 19A(1);98

“production
”, in relation to minerals or other substances, includes the getting of
them, and, in relation to animals or fish, includes the taking of them;
Section 27 Fair Trading Act 1996


Page 36 AT 15 of 1996 c

“public authority
” means a Department, Statutory Board or local authority;
“supply
” —
(a) in relation to goods, includes supply by way of sale, lease, hire or
hire-purchase;
(b) in relation to buildings or other structures, includes the
construction of them by a person for another person;
(c) in relation to services, does not include the rendering of any
services under a contract of employment but —
(i) includes the undertaking and performance for gain or
reward of engagements (whether professional or other) for
any matter other than the supply of goods, and
(ii) includes both the rendering of services to order and the
provision of services by making them available to potential
users.
27 Short title and commencement

(1) This Act may be cited as the Fair Trading Act 1996.
(2) This Act shall come into operation on such day or days as the Council of
Ministers may by order appoint.99

Fair Trading Act 1996 Schedule 1



c AT 15 of 1996 Page 37

Schedule 1

ENFORCEMENT OF ORDERS RELATING TO CONSUMER TRADE PRACTICES

Section 7(4)
Interpretation
1. In this Schedule “consumer trade practices order
” means an order made under
section 22 (consumer trade practices) of the Fair Trading Act 1973 (an Act of
Parliament), as it has effect in the Island by virtue of an order under section 7(1).
Contravention of consumer trade practices order
2. (1) Any person who contravenes a prohibition imposed by a consumer trade
practices order, or who does not comply with a requirement imposed by such an order
which applies to him, is guilty of an offence and liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information, to a fine or to imprisonment for a
term not exceeding 2 years or to both.
(2) Where the commission by any person of an offence under sub-paragraph
(1) is due to the act or default of some other person, that other person shall be guilty of
the offence, and a person may be charged with and convicted of the offence by virtue
of this paragraph whether or not proceedings are taken against the first-mentioned
person.
(3) In any proceedings for an offence under sub-paragraph (1) it is, subject to
sub-paragraph (4), a defence for the person charged to prove —
(a) that the commission of the offence was due to a mistake, or to
reliance on information supplied to him, or to the act or default of
another person, an accident or some other cause beyond his
control, and
(b) that he took all reasonable precautions and exercised all due
diligence to avoid the commission of such an offence by himself
or any person under his control.
(4) If in any case the defence provided by sub-paragraph (3) involves the
allegation that the commission of the offence was due to the act or default of another
person or to reliance on information supplied by another person, the person charged
shall not, without leave of the court, be entitled to rely on that defence unless, within a
period ending 7 clear days before the hearing, he has served on the prosecutor a notice
in writing, giving such information identifying or assisting in the identification of that
other person as was then in his possession.
(5) In proceedings for an offence under sub-paragraph (1) committed by the
publication of an advertisement, it is a defence for the person charged to prove that he
is a person whose business it is to publish or arrange for the publication of
advertisements, and that he received the advertisement for publication in the ordinary
Schedule 2
Fair Trading Act 1996


Page 38 AT 15 of 1996 c

course of business and did not know and had no reason to suspect that its publication
would amount to an offence under sub-paragraph (1).
(6) A contract for the supply of goods or services shall not be void or
unenforceable by reason only of a contravention of a consumer trade practices order;
and, subject to section 3 of the Criminal Law Act 1981 (offences under two or more
laws), this Schedule shall not be construed as —
(a) conferring a right of action in any civil proceedings (other than
proceedings for the recovery of a fine) in respect of any
contravention of such an order, or
(b) affecting any restriction imposed by or under any other
enactment, or
(c) derogating from any right of action or other remedy (whether
civil or criminal) in proceedings instituted otherwise than under
this Schedule.
Enforcement of consumer trade practices order
3. (1) It is the duty of OFT to enforce the provisions of paragraph 2.100

(2) The following provisions of the Consumer Protection (Trade Descriptions)
Act 1970 apply in relation to the enforcement of paragraph 2 by OFT as in relation to
the enforcement of that Act —
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods and
documents),
section 29 (obstruction of inspectors) and
section 33 (compensation for loss etc. of goods seized).101

(3) Any enactment which authorises the disclosure of information for the
purpose of facilitating the enforcement of the said Act of 1970 shall apply as if
paragraph 2 were contained in that Act, and as if the functions of any person in
relation to the enforcement of that paragraph were functions under that Act.
Schedule 2

POWERS EXERCISABLE BY ORDER UNDER SECTION 15

Section 15(2)(b)
1. Subject to paragraph 3, an order under section 15 (in this Schedule referred to as
“an order
”) may declare it to be unlawful, except to such extent and in such
circumstances as may be provided by or under the order, to make or to carry out any
such agreement as may be specified or described in the order.
2. Subject to paragraph 3, an order may require any party to any such agreement
as may be specified or described in the order to terminate the agreement within such
time as may be so specified, either wholly or to such extent as may be so specified.
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c AT 15 of 1996 Page 39

3. An order shall not by virtue of paragraph 1 or 2 declare it to be unlawful to
make or to carry out, or require any person to terminate, an agreement in so far as, if
made, it would relate, (or as the case may be) in so far as it relates, to the terms and
conditions of employment of any workers, or to the physical conditions in which any
workers are required to work.
4. An order may declare it to be unlawful, except to such extent and in such
circumstances as may be provided by or under the order, to withhold or to agree to
withhold or to threaten to withhold, or to procure others to withhold or to agree to
withhold or threaten to withhold, from any such persons as may be specified or
described in the order, any supplies or services so specified or described or any orders
for such supplies or services (whether the withholding is absolute or is to be effectual
only in particular circumstances).
5. An order may declare it to be unlawful, except to such extent and in such
circumstances as may be provided by or under the order, to require, as a condition of
the supplying of goods or services to any person, —
(a) the buying of any goods, or
(b) the making of any payment in respect of services other than the
goods or services supplied, or
(c) the doing of any other such matter as may be specified or
described in the order.
6. An order may declare it to be unlawful, except to such extent and in such
circumstances as may be provided by or under the order, —
(a) to discriminate in any manner specified or described in the order
between any persons in the prices charged for goods or services
so specified or described, or
(b) to do anything so specified or described which appears to the
Council of Ministers to amount to such discrimination,
or to procure others to do any of the things mentioned in sub-paragraph (a) or (b).
7. An order may declare it to be unlawful, except to such extent and in such
circumstances as may be provided by or under the order, —
(a) to give or agree to give in other ways any such preference in
respect of the supply of goods or services, or the giving of orders
for goods or services, as may be specified or described in the
order, or
(b) to do anything so specified or described which appears to the
Council of Ministers to amount to giving such preference,
or to procure others to do any of the things mentioned in sub-paragraph (a) or (b).
Schedule 2
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Page 40 AT 15 of 1996 c

8. An order may declare it to be unlawful, except to such extent and in such
circumstances as may be provided by or under the order, to charge for goods or
services supplied prices differing from those in any published list or notification, or to
do anything specified or described in the order which appears to the Council of
Ministers to amount to charging such prices.
9. An order may require a person supplying goods or services to publish a list of
or otherwise notify prices, with or without such further information as may be
specified or described in the order.
10. (1) An order may require a person supplying goods or services to publish —
(a) any such accounting information in relation to the supply of the
goods or services, and
(b) any such information in relation to —
(i) the quantities of goods or services supplied, or
(ii) the areas in which they are supplied,
as may be specified or described in the order.
(2) In this paragraph “accounting information”, in relation to a supply of
goods or services, means information as to —
(a) the costs of the supply, including fixed costs and overheads,
(b) the manner in which fixed costs and overheads are calculated and
apportioned for accounting purposes of the supplier, and
(c) the income attributable to the supply.
11. (1) Subject to sub-paragraph (2), an order may, to such extent and in such
circumstances as may be provided by or under the order, regulate the prices to be
charged for any goods or services specified or described in the order.
(2) An order shall not exercise the power conferred by sub-paragraph (1) in
respect of goods or services of any description unless the matters specified in the
relevant report as being those which in the opinion of the commission operate, or may
be expected to operate, against the public interest relate, or include matters relating, to
the prices charged for goods or services of that description.
(3) In this paragraph “the relevant report”, in relation to an order, means the
report (as published) in consequence of which the order is made.
12. An order may declare it to be unlawful, except to such extent and in such
circumstances as may be provided by or under the order, for any person, by
publication or otherwise, to notify, to persons supplying goods or services, prices
recommended or suggested as appropriate to be charged by those persons for those
goods or services.
13. An order may prohibit or restrict the acquisition by any person of the whole or
part of the undertaking or assets of another person’s business, or the doing of anything
which will or may result in a body corporate becoming a subsidiary (within the
meaning of section 1 of the Companies Act 1974) of another body corporate, or of 2 or
Fair Trading Act 1996 Schedule 3



c AT 15 of 1996 Page 41

more bodies corporate becoming subsidiaries of one and the same body corporate, or
may require that, if such an acquisition is made or anything is done which has such a
result, the persons concerned or any of them shall thereafter observe any prohibitions
or restrictions imposed by or under the order.102

14. An order may require any person to furnish any such information as may be
specified or described in the order to OFT or to such other person as may be so
specified.103

15. An order may require any activities to be carried on separately from any other
activities.
16. An order may prohibit or restrict the exercise of any right to vote exercisable by
virtue of the holding of any shares, stock or securities.
Schedule 3

REFERENCES, INVESTIGATIONS AND REPORTS

Section 24(1).
General
1. (1) In this Schedule “commission
”, in relation to a reference, investigation
or report, means OFT or commission to whom the reference is made or by whom the
investigation is carried out or the report is made, as the case may be.104

(2) Where power is given to a commission to give any notice, certificate or
authorisation, or to make any other document (other than a report), the power may be
exercised —
(a) where the commission is a Department or Statutory Board, by any
member of the commission, or by any officer of the commission
duly authorised for the purpose;
(b) where the commission is a body corporate other than a
Department or Statutory Board, by any officer of the commission
duly authorised for the purpose;
(c) where the commission consists of 2 or more individuals, by any
one or more of them.
Procedure in carrying out investigations
2. (1) A commission, in carrying out an investigation under this Act, —
(a) shall take into consideration any representations made to it by
persons appearing to it to have a substantial interest in the
subject-matter of the reference, or by bodies appearing to it to
represent substantial numbers of persons who have such an
interest, and
Schedule 3
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Page 42 AT 15 of 1996 c

(b) unless in all the circumstances it considers it not reasonably
necessary or not reasonably practicable to do so, shall permit any
such person or body to be heard orally by the commission.
(2) Subject to subsection (1), a commission may determine its own procedure
for carrying out any investigation under this Act, and in particular may determine —
(a) the extent, if any, to which persons interested or claiming to be
interested in the subject-matter of the reference are allowed to be
present or to be heard, either by themselves or by their
representatives, or to cross-examine witnesses or otherwise take
part in the investigation, and
(b) the extent, if any, to which the sittings of the commission are to be
held in public.
(3) In determining its procedure under sub-paragraph (2) and in exercising
any powers conferred on it by paragraph 6, a commission shall act in accordance with
any general directions which may from time to time be given to it by the Council of
Ministers.

(4) The Council of Ministers shall cause a copy of any directions given by it
under sub-paragraph (3) to be laid before Tynwald.
General provisions as to reports
3. (1) In making any report under this Act a commission shall have regard to
the need for excluding, so far as that is practicable, —
(a) any matter which relates to the private affairs of an individual,
where the publication of that matter would or might, in its
opinion, seriously and prejudicially affect the interests of that
individual, and
(b) any matter which relates specifically to the affairs of a particular
body of persons, whether corporate or unincorporate, where
publication of that matter would or might, in the opinion of the
commission, seriously and prejudicially affect the interests of that
body, unless in its opinion the inclusion of that matter relating
specifically to that body is necessary for the purposes of the
report.
(2) For the purposes of the law relating to defamation, absolute privilege
shall attach to any report of a commission under this Act.
(3) Where a commission consists of 2 or more individuals, and a member of
the commission dissents from any conclusions contained in the report of the
commission as being conclusions of the commission, the report shall, if that member so
desires, include a statement of his dissent and of his reasons for dissenting.
Fair Trading Act 1996 Schedule 3



c AT 15 of 1996 Page 43

Publication of reports
4. (1) Where a report of a commission to the Council of Ministers is required
by this Act to be published in accordance with this Schedule, the report shall be laid
before Tynwald, and the Chief Secretary shall —
(a) publish notice of the report, identifying the subject matter with
sufficient particularity, in one or more newspapers published and
circulating in the Island;
(b) make a copy of the report available for inspection by any person
free of charge at all reasonable hours at such place in the Island as
appears to him appropriate; and
(c) cause copies of the report to be available for sale to any person at
such reasonable charge as he may determine.
(2) If it appears to the Council of Ministers that the publication of any matter
in a report of a commission under this Act would be against the public interest, the
Council of Ministers shall exclude that matter from the report as published under this
paragraph.
(3) Without prejudice to sub-paragraph (2), if the Council of Ministers
considers that it would not be in the public interest to disclose —
(a) any matter contained in such a report relating to the private
affairs of an individual whose interests would, in the opinion of
the Council of Ministers, be seriously and prejudicially affected by
the publication of that matter, or
(b) any matter contained in the report relating specifically to the
affairs of a particular person whose interests would, in the
opinion of the Council of Ministers, be seriously and prejudicially
affected by the publication of that matter,
the Council of Ministers shall exclude that matter from the report as
published under this paragraph.
(4) Any reference in this Act to a report of a commission as published shall
be construed as a reference to the report in the form in which it is published under this
paragraph.
Public interest
5. In determining for any purposes of this Act whether any particular matter
operates, or may be expected to operate, against the public interest, a commission shall
take into account all matters which appear to it in the particular circumstances to be
relevant and, among other things, shall have regard to the desirability —
(a) of maintaining and promoting effective competition between
persons supplying goods and services in the Island; and
(b) of promoting the interests of consumers, purchasers and other
users of goods and services in the Island in respect of the prices
Schedule 3
Fair Trading Act 1996


Page 44 AT 15 of 1996 c

charged for them and in respect of their quality and the variety of
goods and services supplied.
Attendance of witnesses and production of documents
6. (1) For the purposes of any investigation under this Act a commission may
by notice in writing —
(a) require any person to attend at a time and place specified in the
notice, and to give evidence to the commission, or
(b) require any person to produce, at a time and place specified in the
notice, to the commission or to any person nominated by the
commission for the purpose, any documents which are specified
or described in the notice and which are documents in his custody
or under his control and relating to any matter relevant to the
investigation, or
(c) require any person carrying on any business to furnish to the
commission such estimates, returns or other information as may
be specified or described in the notice, and specify the time, the
manner and the form in which any such estimates, returns or
information are to be furnished.
(2) For the purposes of any such investigation the commission may take
evidence on oath, and for that purpose may administer oaths.
(3) No person shall be compelled for the purpose of any such investigation
to give any evidence or produce any document which he could not be compelled to
give or produce in civil proceedings before the High Court or, in complying with any
requirement for the furnishing of information, to give any information which he could
not be compelled to give in evidence in such proceedings.
(4) Any person who intentionally alters, suppresses or destroys any
document which he has been required by any such notice to produce is guilty of an
offence and liable —
(a) on summary conviction, to a fine not exceeding £5,000, or
(b) on conviction on information, to imprisonment for a term not
exceeding 2 years or to a fine or to both.
(5) If any person (“the defaulter”) refuses or otherwise fails to comply with
any notice under sub-paragraph (1), the commission may certify that fact in writing to
the High Court and the Court may enquire into the case.
(6) If, after hearing any witness who may be produced against or on behalf
of the defaulter and any statement which may be offered in defence, the High Court is
satisfied that the defaulter did without reasonable excuse refuse or otherwise fail to
comply with the notice, the Court may punish the defaulter (and, in the case of a body
corporate, any director or officer) in like manner as if the defaulter had been guilty of
contempt of court.
Fair Trading Act 1996 Endnotes


c AT 15 of 1996 Page 45

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement

Whole Act (as originally enacted) SD 474/96 1/8/96




Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by SD579/98 and by SD2015/0205. 2
Para (b) amended by SD2015/0205. 3
Subs (6) amended by SD2015/0205. 4
Para (a) amended by SD2015/0205. 5
Para (b) amended by SD2015/0205. 6
Subs (1) amended by SD2015/0205. 7
Subs (1) amended by SD2015/0205. 8
Para (a) amended by SD2015/0205. 9
Para (b) amended by SD2015/0205. 10
Subs (2) amended by SD2015/0205. 11
Subs (1) amended by SD2015/0205. 12
Subs (2) amended by SD2015/0205. 13
Headings inserted by Fair Trading (Amendment) Act 2001 s 1. 14
Para (a) amended by Financial Services Act 2008 Sch 6. 15
Para (b) amended by SD155/10 Sch 1 and by SD2014/07. 16
S 7A inserted by Fair Trading (Amendment) Act 2001 s 1. 17
S 7B inserted by Fair Trading (Amendment) Act 2001 s 1. 18
S 7C inserted by Fair Trading (Amendment) Act 2001 s 2. 19
Subs (4) amended by SD2015/0205. 20
S 7D inserted by Fair Trading (Amendment) Act 2001 s 2. 21
Subs (1) amended by Fair Trading (Amendment) Act 2001 s 3 and by SD2015/0205. 22
Subs (4A) inserted by SD2015/0205. 23
Subss (5) and (6) repealed by Fair Trading (Amendment) Act 2001 s 3.
Endnotes Fair Trading Act 1996


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24
Subs (1) substituted by SD2015/0347. 25
Subs (2) amended by SD2015/0205. 26
Para (c) amended by Fair Trading (Amendment) Act 2001 s 3 and by SD2015/0205. 27
Subs (1) amended by SD2015/0205. 28
Subs (2) amended by SD2015/0205. 29
Para (a) amended by SD2015/0205. 30
Para (c) amended by SD2015/0205. 31
Para (d) amended by SD2015/0205. 32
Para (e) amended by SD2015/0205. 33
Para (f) amended by SD2015/0205. 34
Para (h) amended by SD2015/0205. 35
Subs (4) amended by SD2015/0205. 36
Subs (5) amended by SD2015/0205. 37
Subs (6) amended by SD2015/0205. 38
Subs (8) amended by SD2015/0205. 39
Subs (9) amended by SD2015/0205. 40
Para (a) amended by SD2015/0205. 41
Para (b) amended by SD2015/0205. 42
Para (c) amended by SD2015/0205. 43
Subs (1) amended by Fair Trading (Amendment) Act 2001 s 18. 44
Subs (2) repealed by Fair Trading (Amendment) Act 2001 s 18. 45
Subs (5) amended by SD2015/0205. 46
Subs (1) amended by SD2015/0205. 47
Para (b) amended by SD2015/0205. 48
Para (a) amended by SD2015/0205. 49
Subs (3) amended by SD2015/0205. 50
Para (d) amended by SD2015/0205. 51
Subs (4) amended by SD2015/0205. 52
Para (a) amended by SD2015/0205. 53
Para (b) amended by SD2015/0205. 54
Subs (5) amended by SD2015/0205. 55
Para (a) amended by SD2015/0205. 56
Para (b) amended by SD2015/0205. 57
Para (c) amended by SD2015/0205. 58
Para (a) amended by SD2015/0205. 59
Para (b) amended by SD2015/0205. 60
Para (c) amended by SD2015/0205. 61
Subs (3) repealed by Fair Trading (Amendment) Act 2001 s 3 with saving s 3(5) and
3(7). 62
Subs (1) amended by SD2015/0205. 63
Subs (2) amended by SD2015/0205. 64
Subs (3) amended by SD2015/0205.
Fair Trading Act 1996 Endnotes


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65
Heading inserted by Fair Trading (Amendment) Act 2001 s 18. 66
Subs (1) amended by SD2015/0205. 67
S 19A inserted by Fair Trading (Amendment) Act 2001 s 18. 68
Subs (1) amended by SD2015/0205. 69
S 19B inserted by Fair Trading (Amendment) Act 2001 s 18. 70
Heading inserted by Fair Trading (Amendment) Act 2001 s 18. 71
Para (a) amended by SD2015/0205. 72
Para (b) amended by SD2015/0205. 73
Para (c) amended by SD2015/0205. 74
Subs (2) amended by SD2015/0205. 75
Para (a) amended by SD2015/0205. 76
Para (b) amended by SD2015/0205. 77
Para (c) amended by SD2015/0205. 78
S 19C inserted by Fair Trading (Amendment) Act 2001 s 18. 79
S 19D inserted by Fair Trading (Amendment) Act 2001 s 18. 80
Para (b) amended by SD2015/0205. 81
Subs (1) amended by SD2015/0205. 82
Subs (2) amended by SD2015/0205. 83
Para (a) amended by SD2015/0205. 84
Para (b) amended by SD2015/0205 85
Subs (3) amended by SD2015/0205. 86
Subs (4) amended by SD2015/0205. 87
Subs (5) amended by SD2015/0205. 88
Subs (1) amended by SD2015/0205. 89
Subpara (iv) substituted by Collective Investment Schemes Act 2008 Sch 6. 90
Subpara (vii) added by Financial Services Act 2008 Sch 6. 91
Para (b) amended by SD0606/12. 92
Para (c) inserted by SD2015/0205. [Editorial Note: References to the “Financial
Supervision Commission” should be read as references to the “Isle of Man Financial
Services Authority” by virtue of article 7(3) of the Transfer of Functions (Isle of Man
Financial Services Authority) Order 2015 [SD2015/0090], with effect from 01/11/2015.] 93
Definition of “anti-competitive practice” inserted by Fair Trading (Amendment) Act
2001 s 18. 94
Definition of “the Board” amended by SD579/98 and repealed by SD20150205. 95
Definition of “commission” inserted by Fair Trading (Amendment) Act 2001 s 18. 96
Definition of “competition reference” inserted by Fair Trading (Amendment) Act
2001 s 18. 97
Definition of “OFT” inserted by SD2015/0205. 98
Definition of “price reference” inserted by Fair Trading (Amendment) Act 2001 s 18. 99
ADO (whole Act) 1/8/1996 (SD474/96). 100
Subpara (1) amended by SD2015/0205. 101
Subpara (2) amended by SD2015/0205.
Endnotes Fair Trading Act 1996


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Para 13 amended by Fair Trading (Amendment) Act 2001 s 3. 103
Para 14 amended by SD2015/0205. 104
Subpara (1) amended by SD2015/0205.