48

Telecommunications Act 1984

c. 12

PART

III

" the

1973 Act ") so far as relating to courses of conduct which
are or may be detrimental to the interests of consumers of telecommunication services or telecommunication apparatus, whether
those interests are economic or interests in respect of health,
safety or other matters ; and references in that Part to that
Director shall be construed accordingly.
(2) There are hereby transferred to the Director (so as to be
exercisable concurrently with the Director General of Fair

Trading)-

(a) the functions of that Director under sections 44 and 45
of the 1973 Act ; and

(b) the functions of that Director under sections 50, 52, 53,
86 and 88 of that Act,

or may
exist in relation to commercial activities connected with telecommunications ; and references in Part IV and sections 86, 88 and
133 of that Act to that Director shall be construed accordingly.
so far as relating to monopoly situations which exist

1980 c. 21.

(3) There are hereby transferred to the Director (so as to be
exercisable concurrently with the Director General of Fair Trading) the functions of that Director under sections 2 to 10 and
16 of the Competition Act 1980 (in this Act refered to as " the
1980 Act ") so far as relating to courses of conduct which have

or are intended to have or are likely to have the effect of
restricting, distorting or preventing competition in connection
with the production, supply or acquisition of telecommunication
apparatus or the supply or securing of telecommunication
services ; and references in those sections and in section 19 of
that Act to that Director shall be construed accordingly.
(4) Before either Director first exercises in relation to any
matter functions transferred by any of the following provisions,

namely-

paragraph (a) of subsection (2) above ;
paragraph (b) of that subsection ; and
(c) subsection (3) above,
he shall consult with the other Director ; and neither Director
shall exercise in relation to any matter functions transferred by
any of those provisions if functions transferred by that provision
have been exercised in relation to that matter by the other Direc(a)

(b)

tor.
(5) It shall be the duty of the Director, for the purpose of
assisting the Commission in carrying out an investigation on a
reference made to them by the Director by virtue of subsection
(2) or (3) above, to give to the Commission(a) any information which is in his possession and which
relates to matters falling within the scope of the

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