Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p23
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 54653–57267

the corporation is in the position mentioned in sub-paragraph 4a(1)(a)(ii).
"(8) The requiring by a person of the giving of, or the giving by a person of, a covenant in relation to which sub-section 88(5) applies is not a contravention of sub-section (2) of this section if—
     (a) the covenant is subject to a condition that the covenant will not come into force unless and until the person is granted an authorization to require the giving of, or to give, the covenant; and
     (b) the person applies for the grant of such an authorization within 14 days after the covenant is given,
but nothing in this sub-section affects the application of paragraph (2)(b) or (c) in relation to the covenant.
"(9) This section does not apply to or in relation to a covenant or proposed covenant if—
     (a) the sole or principal purpose for which the covenant was or is required to be given was or is to prevent the relevant land from being used otherwise than for residential purposes;
     (b) the person who required or requires the covenant to be given was or is a religious, charitable or public benevolent institution or a trustee for such an institution and the covenant was or is required to be given for or in accordance with the purposes or objects of that institution; or
     (c) the covenant was or is required to be given in pursuance of a legally enforceable requirement made by, or by a trustee for, a religious, charitable or public benevolent institution, being a requirement made for or in accordance with the purposes or objects of that institution.

Covenants in relation to prices.
"45c. (1) In the application of sub-section 45b(1) in relation to a covenant that has, or is likely to have, the effect of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of, the price for, or a discount, allowance, rebate or credit in relation to, goods or services supplied or acquired by the persons who are, or but for that sub-section would be, bound by or entitled to the benefit of the covenant, or by any of them, or by any persons associated with any of them, in competition with each other, that sub-section has effect as if the words 'if the covenant has, or is likely to have, the effect of substantially lessening competition in a market in which the corporation or any person associated with the corporation supplies or acquires, or is likely to supply or acquire, goods or services or would, but for the covenant, supply or acquire, or be likely to supply or acquire, goods or services' were omitted.
"(2) In the application of sub-section 45b(2) in relation