Competition Act 1998

Changes over time for: Section 63

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Point in time view as at 31/07/2017.

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Competition Act 1998, Section 63 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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63 [F1Power to enter business premises under a warrant: Article 22(2) inspections].U.K.

(1)[F2On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that—]

[F3(a) the Commission has requested the [F4CMA] to conduct an Article 22(2) inspection which the Commission has ordered by a decision under Article 20(4) of the EC Competition Regulation;

(b) the Article 22(2) inspection is being, or is likely to be, obstructed; and

(c) the measures that would be authorised by the warrant are neither arbitrary nor excessive having regard to the subject matter of the Article 22(2) inspection.]

(2)[F5An Article 22(2) inspection] is being obstructed if—

(a)an authorised officer of the [F6CMA] has attempted to enter [F7any business] premises but has been unable to do so;

(b)the officer has produced his authorisation to the undertaking, or association of undertakings, concerned; and

(c)there are reasonable grounds for suspecting that there are [F8on any business premises] books or records [F9on the premises] which the officer has power to examine.

(3)[F10An Article 22(2) inspection] is also being obstructed if—

(a)there are reasonable grounds for suspecting that there are [F11on any business premises] books or records [F12on the premises] which an authorised officer of the [F6CMA] has power to examine;

(b)the officer has produced his authorisation to the undertaking, or association of undertakings, and has required production of the books or records; and

(c)the books and records have not been produced as required.

(4)[F13An Article 22(2) inspection] is likely to be obstructed if—

(a)there are reasonable grounds for suspecting that there are [F14on any business premises] books or records [F15on the premises]which an authorised officer of the [F6CMA] has power to examine; and

(b)there are also reasonable grounds for suspecting that, if the officer attempted to exercise his power to examine any of the books or records, they would not be produced but would be concealed, removed, tampered with or destroyed.

[F16(5)A warrant under this section shall authorise a named authorised officer of the [F6CMA] and any other authorised officer of the [F6CMA] , or Commission official, accompanying the named authorised officer—

(a)to enter any business premises specified in the warrant using such force as is reasonably necessary for the purpose;

(b)to search for books and records which an authorised officer of the [F6CMA] has power to examine, using such force as is reasonably necessary for the purpose;

(c)to take or obtain copies of or extracts from such books and records; and

(d)to seal the premises, any part of the premises or any books or records which an authorised officer of the [F6CMA] has power to seal, for the period and to the extent necessary for the inspection.]

[F17(5A)A warrant under this section may authorise persons specified in the warrant to accompany the named authorised officer who is executing it.]

(6)Any person entering any premises by virtue of a warrant under this section may take with him such equipment as appears to him to be necessary.

(7)On leaving any premises which he has entered by virtue of the warrant the [F18named authorised officer] must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.

(8)A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.

[F19(8A)An application for a warrant under this section must be made—

(a)in the case of an application to the High Court, in accordance with rules of court;

(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.]

(9)In the application of this section to Scotland, references to the High Court are to be read as references to the Court of Session.

[F20(10) In this section—

“business premises” means any premises of an undertaking or association of undertakings which an authorised officer of the [F21CMA] has power to enter in the course of the Article 22(2) inspection;
“Commission official” means any person authorised by the Commission to assist with the Article 22(2) inspection.]

Textual Amendments

F1Words in s. 63 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 40(9)

F2Words in s. 63(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 7(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3Words in s. 63(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 40(2)(b)

F4Word in s. 63(1)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 44 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5Words in s. 63(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 40(3)(a)

F6Word in s. 63(2)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 44 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7Words in s. 63(2)(a) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 40(3)(b)

F8Words in s. 63(2)(c) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 40(3)(c)(ii)

F9Words in s. 63(2)(c) cease to have effect (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 40(3)(c)(i) (with reg. 6(2))

F10Words in s. 63(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 40(4)(a)

F11Words in s. 63(3)(a) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 40(4)(b)(ii)