PART VII
MISCELLANEOUS
Reliance on exclusions and exemptions in Act
22.  Any undertaking claiming the benefit of any —
(a)exclusion from the section 34 prohibition or the section 47 prohibition specified in the Third Schedule to the Act; or
(b)exemption from the section 34 prohibition under a block exemption order made pursuant to section 36 of the Act,
shall bear the burden of proving that the conditions relating thereto have been satisfied.
Forms
23.—(1)  The forms prescribed for the purpose of submission to the Commission under these Regulations shall be those provided on the Commission’s Internet website in an online location accessible to the public from time to time.
(2)  The Commission may issue such other forms as it thinks fit for the purposes of these Regulations.
(3)  The Commission may make any modification or amendment necessary to any form.
(4)  Where strict compliance with a form is not possible, the Commission may allow that form to be complied with in such other manner as it thinks fit.
Directions as to forms
24.—(1)  A form shall be completed and lodged in accordance with such directions as are specified in that form or by the Commission.
(2)  Unless otherwise required, all particulars to be inserted in a form shall be in the English language.
(3)  The Commission may, in its absolute discretion, refuse to accept any form that is not completed or lodged in accordance with these Regulations.
General requirements for documents submitted to Commission
25.—(1)  Any document submitted to the Commission shall comply with such directions as are specified in the prescribed form or by the Commission.
(2)  Every document, if not in the English language, shall be accompanied by a translation thereof certified by a court interpreter or a translation verified by the affidavit of a person qualified to translate it, before it may be received, filed or used by the Commission.
Associations of undertakings
26.—(1)  Where a regulation requires the Commission to give notice of any matter to an association of undertakings, the Commission shall give such notice to the director, secretary, manager or other similar officer of the association on its behalf.
(2)  Where a regulation requires the Commission to give notice of any matter to each of more than 20 members of an association of undertakings, the Commission may, instead of giving such notice to any such member, give such notice to the director, secretary, manager or other similar officer of the association on that member’s behalf, provided that individual notice shall be given to any member who has made an application in respect of the agreement or the conduct to which the notice relates.
Notices
27.—(1)  Any notice required to be sent to or served on any person in accordance with these Regulations may be —
(a)delivered personally at his last known address;
(b)left at or sent to him by ordinary post to his last known address; or
(c)sent to him by facsimile or, with his consent, electronic mail.
(2)  Where —
(a)the Commission has taken all reasonable steps to give notice to the persons under regulation 11, 13(1)(a) or (2), 17A or 17C(a) but has been unable to give such notice or in the Commission’s opinion there is doubt that it has been able to give such notice; or
(b)there are no reasonable steps that can be taken by the Commission to give notice to the persons under regulation 11, 13(1)(a) or (2), 17A or 17C(a),
the Commission may, instead, take one or both of the steps specified in paragraph (3).
(3)  The steps specified for the purposes of paragraph (2) are as follows:
(a)publish a summary of the notice by means of entry in the register maintained by the Commission under regulation 31; and
(b)cause a reference to the summary of the notice published in that register to be published in at least one national daily newspaper.
(4)  Except where paragraph (2) applies, where these Regulations allow or require notice to be given to a person, such notice shall be treated as if it had been received by or served on that person —
(a)in the case of personal delivery, on the day of delivery;
(b)when left at the last known address, on the day of leaving;
(c)when sent by ordinary post, on the working day after the day on which it was posted;
(d)in the case of a facsimile transmitted on a working day before 5 p.m., on that day or in any other case on the working day after the day on which it is transmitted; or
(e)in the case of electronic mail or similar means, on the working day after the day on which it is transmitted.
(5)  Where paragraph (2) applies, the notice shall be treated as having been given on the date of its publication in accordance with paragraph (3)(a) and (b).
(6)  Any notice given under these Regulations shall be in writing.
Time
28.—(1)  Where an act is required to be done in accordance with these Regulations within a specified period after or from a specified date, the period begins immediately after that date.
(2)  Where an act is required to be done in accordance with these Regulations within or not less than a specified period before a specified date, the period ends immediately before that date.
(3)  Where the time prescribed by these Regulations for doing any act expires on a day which is not a working day, the act is in time if done at or before 5 p.m. on the next following working day.
(4)  Where an act done in accordance with these Regulations is done on a day which is not a working day, or after 5 p.m. on a working day, the act shall be treated as done on the next following working day.
Information to be treated as confidential
29.—(1)  Where any information furnished to the Commission has been identified as confidential under section 89(1)(b) of the Act but no written statement has been given to explain why the information is confidential, the Commission may give notice to the person furnishing the information to provide the written statement within such time limit as the Commission considers appropriate.
(2)  Where a written statement has been given to the Commission to explain why any information furnished to the Commission is confidential, the Commission may in its discretion give notice to the person furnishing the information to provide written clarification of the written statement within such time limit as the Commission considers appropriate.
(3)  Where the person furnishing the information fails to provide the Commission with the written statement mentioned in paragraph (1) or with the written clarification mentioned in paragraph (2), as the case may be, within the time limit specified by the Commission, the information furnished will be deemed as not falling within section 89(1)(b) of the Act.
(4)  Where the Commission proposes to disclose information which has been furnished to the Commission and identified as confidential under section 89(1)(b) of the Act, the Commission may —
(a)inform the person who furnished the information or the person from whom the information originated, of the Commission’s proposed action; and
(b)give that person a reasonable opportunity to make representations to the Commission on the Commission’s proposed action.
Consultation
30.—(1)  Where the Commission is required to consult a person under these Regulations, it shall —
(a)give notice to that person; and
(b)state in that notice the action the Commission proposes to take, its reasons for proposing such action and the period within which that person may make written representations to the Commission on these matters.
(2)  The Commission shall have the discretion to consult with such persons as it thinks appropriate, if the Commission feels that this would be advantageous, necessary or convenient for it to carry on its functions or discharge its duties under the Act.
(3)  Where the Commission proposes to consult the public in exercise of its discretion to do so under these Regulations, it shall publish, in such manner as the Commission deems appropriate, a notice stating the action it proposes to take, its reasons for proposing such action and the period within which written representations may be made to the Commission on these matters.
Public register
31.—(1)  The Commission shall maintain a register in which there shall be entered —
(a)all decisions that the Commission is required to publish under these Regulations;
(b)all applications for decisions under section 44 or 51 of the Act, a summary of the nature and objectives of the agreement or conduct which is the subject of the application (as provided by the applicant under Form 1) and an indication of the final outcome of the application;
(c)all decisions published under regulation 13(2);
(d)all directions (including the payment of any financial penalty) that the Commission is required to publish under these Regulations; and
(e)all summaries of notices published under regulation 27(3)(a).
(2)  The register shall be open to public inspection —
(a)by prior appointment, at the Commission’s office or such other address as may be notified, between 10 a.m. and 5 p.m. on every working day; and
(b)on the Commission’s website.