(d) the dairy produce to which it relates. 

(2) In paragraph (1), the “relevant date” means— 

(a) in case of an agreement made before the coming into force of this Order, the date this Order comes into force; 

(b) in any other case, the date on which the agreement is made. 

## Register of agreements 

9. —(1) The Secretary of State must compile and maintain a register of agreements notified under this Order. 

(2) The register must be kept in such form as the Secretary of State considers appropriate. 

(3) The Secretary of State must publish the register when it is first compiled and each time it is revised. 

## Expiry 

10.  This Order expires at the end of the period of three months beginning with the day on which it comes into force. 

30th April 2020 

Paul Scully Parliamentary Under Secretary of State Department for Business, Energy and Industrial Strategy 

## EXPLANATORY NOTE 

## (This note is not part of the Order) 

This Order excludes from the Chapter I prohibition in the Competition Act 1998 agreements between dairy produce suppliers and agreements between logistics service providers, intended to address the effects or likely effects of coronavirus on the demand for dairy produce in the United Kingdom. The Chapter I prohibition precludes agreements between undertakings, decisions by associations of undertakings or concerted practices which may affect trade within the United Kingdom and which have as their object or effect the prevention, restriction or distortion of competition within the United Kingdom. Where there are exceptional and compelling reasons of public policy for doing so, the Secretary of State may exclude an agreement or an agreement of a particular description from the Chapter I prohibition. 

Article 3 of the Order specifies the activities to which an agreement between dairy produce suppliers must relate in order to qualify for an exclusion, and article 5 sets out other requirements which such an agreement must meet in order to qualify for exclusion. 

Article 4 of the Order specifies the activities to which an agreement between logistics service providers must relate in order to qualify for an exclusion, and article 6 sets out other requirements which such an agreement must meet in order to qualify for exclusion. 

Article 7 requires the Secretary of State to publish a notice if, at any time more than 28 days before the Order is due to expire, the Secretary of State considers that there is no longer a significant disruption or a threat of significant disruption to the demand for dairy produce in the United Kingdom as a result of coronavirus. The notice must specify the date on which the period during which the exclusions under this Order apply, is to end. 

Articles 8 and 9 provide for agreements to be notified to the Secretary of State and for a register of the agreements to be compiled and published by the Secretary of State. 

Article 10 provides that the Order expires at the end of the period of three months beginning on the day on which it comes into force. 

