Courts and Legal Services Act 1990

45 Advisory and supervisory functions of Director General of Fair Trading

(1) Where the Lord Chancellor is considering whether—

(a) to approve any rules which the Board is proposing to make; or

(b) to make any regulations under section 40,

he shall first send a copy of the proposed rules or regulations to the Director.

(2) The Director shall consider whether the proposed rules or regulations would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent.

(3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4) The Director shall keep under review the rules made by the Board and the regulations made by the Lord Chancellor under section 40.

(5) If the Director is of the opinion that any such rule or regulation has, or is likely to have, the effect of restricting, distorting or preventing competition to any significant extent, he shall report his opinion to the Lord Chancellor.

(6) Any report under subsection (5) shall state what, in the Director’s opinion, is the effect of the rule or regulation or its likely effect.

(7) The Director may publish any advice given by him under subsection (3) or report made by him under subsection (5).

(8) The Director shall, so far as practicable, exclude from anything published under subsection (7) any matter—

(a) which relates to the affairs of a particular person; and

(b) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.