The Channel Tunnel Act (Competition) (No. 2) Order 1988

• Citation: S.I. 1988/68
• Sections: 5

Section 1

This Order may be cited as the Channel Tunnel Act (Competition) (No. 2) Order 1988 and shall come into force on 16th February 1988.

Section 2

In this Order “the section 29 agreement” means the channel tunnel agreement providing for the construction of the tunnel system which comprises the documents listed in the Schedule to this Order, and which has been approved by the Secretary of State for the purposes of section 29 of the Restrictive Trade Practices Act 1976 by order dated 18th January 1988.

Section 3

In relation to any agreement which is made—

(a) exclusively for the purpose of the performance by the persons specified in article 5 below of their obligations under the section 29 agreement or of the exercise of their rights under that agreement, and

(b) in pursuance or furtherance of the section 29 agreement,

the persons specified in article 5 below (being parties to the section 29 agreement) and any body corporate which is a member of the same group as any of them shall be deemed to be interconnected bodies corporate for the purposes of the Restrictive Trade Practices Act 1976.

Section 4

In relation to any course of conduct engaged in in connection with the construction of the tunnel system, the persons specified in article 5 below (being parties to the section 29 agreement) and any body corporate which is a member of the same group as any of them shall be deemed to be persons who are to be treated as associated for the purposes of section 2 of the Competition Act 1980 .

Section 5

The persons referred to in articles 3 and 4 above are—

Balfour Beatty Construction Limited

Costain Civil Engineering Limited

Tarmac Construction Limited

Taylor Woodrow Construction Limited

Wimpey Major Projects Limited

Bouygues SA

Dumez SA

Societe Auxiliaire D'Entreprises SA

Societe Generale D'Entreprises SA

Spie Batignolles SA

GIE Transmanche Construction.