SCHEDULE 3 General Exclusions

SCHEDULE 3 General Exclusions

Sections 3(1)(c) and 19(1)(b)

Planning obligations

1

(1)     The Chapter I prohibition does not apply to an agreement—

(a)     to the extent to which it is a planning obligation;

(b)     which is made under section 75 (agreements regulating development or use of land) or 246 (agreements relating to Crown land) of the Town and Country Planning (Scotland) Act 1997; or

(c)     which is made under Article 40 of the Planning (Northern Ireland) Order 1991.

(2)     In sub-paragraph (1)(a), “planning obligation†means—

(a)     a planning obligation for the purposes of section 106 of the Town and Country Planning Act 1990; or

(b)     a planning obligation for the purposes of section 299A of that Act.

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2

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3

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Services of general economic interest etc

4

Neither the Chapter I prohibition nor the Chapter II prohibition applies to an undertaking entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly in so far as the prohibition would obstruct the performance, in law or in fact, of the particular tasks assigned to that undertaking.

Compliance with legal requirements

5

(1)

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