- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/02/2001)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 20/06/2003
Point in time view as at 01/02/2001. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Competition Act 1998, Section 66 is up to date with all changes known to be in force on or before 13 February 2025. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Section 44 of the M1Fair Trading Act 1973 (power of the Director to require information about monopoly situations) is amended as follows.
(2)In subsection (1), for the words after paragraph (b) substitute— “ the Director may exercise the powers conferred by subsection (2) below for the purpose of assisting him in determining whether to take either of the following decisions with regard to that situation. ”
(3)After subsection (1) insert—
“(1A)Those decisions are—
(a)whether to make a monopoly reference with respect to the existence or possible existence of the situation;
(b)whether, instead, to make a proposal under section 56A below for the Secretary of State to accept undertakings.”
(4)For subsection (2) substitute—
“(2)In the circumstances and for the purpose mentioned in subsection (1) above, the Director may—
(a)require any person within subsection (3) below to produce to the Director, at a specified time and place—
(i)any specified documents, or
(ii)any document which falls within a specified category,
which are in his custody or under his control and which are relevant;
(b)require any person within subsection (3) below who is carrying on a business to give the Director specified estimates, forecasts, returns, or other information, and specify the time at which and the form and manner in which the estimates, forecasts, returns or information are to be given;
(c)enter any premises used by a person within subsection (3) below for business purposes, and—
(i)require any person on the premises to produce any documents on the premises which are in his custody or under his control and which are relevant;
(ii)require any person on the premises to give the Director such explanation of the documents as he may require.
(3)A person is within this subsection if—
(a)he produces goods of the description in question in the United Kingdom;
(b)he supplies goods or (as the case may be) services of the description in question in the United Kingdom; or
(c)such goods (or services) are supplied to him in the United Kingdom.
(4)The power to impose a requirement under subsection (2)(a) or (b) above is to be exercised by notice in writing served on the person on whom the requirement is imposed; and “specified” in those provisions means specified or otherwise described in the notice, and “specify” is to be read accordingly.
(5)The power under subsection (2)(a) above to require a person (“the person notified”) to produce a document includes power—
(a)if the document is produced—
(i)to take copies of it or extracts from it;
(ii)to require the person notified, or any person who is a present or past officer of his, or is or was at any time employed by him, to provide an explanation of the document;
(b)if the document is not produced, to require the person notified to state, to the best of his knowledge and belief, where it is.
(6)Nothing in this section confers power to compel any person—
(a)to produce any document which he could not be compelled to produce in civil proceedings before the High Court or, in Scotland, the Court of Session; or
(b)in complying with any requirement for the giving of information, to give any information which he could not be compelled to give in evidence in such proceedings.
(7)No person has to comply with a requirement imposed under subsection (2) above by a person acting under an authorisation under paragraph 7 of Schedule 1 to this Act unless evidence of the authorisation has, if required, been produced.
(8)For the purposes of subsection (2) above—
(a)a document is relevant if—
(i)it is relevant to a decision mentioned in subsection (1A) above; and
(ii)the powers conferred by this section are exercised in relation to the document for the purpose of assisting the Director in determining whether to take that decision;
(b)“document” includes information recorded in any form; and
(c)in relation to information recorded otherwise than in legible form, the power to require its production includes power to require production of it in legible form, so far as the means to do so are within the custody or under the control of the person on whom the requirement is imposed.”
(5)The amendments made by this section and section 67 have effect in relation to sectoral regulators in accordance with paragraph 1 of Schedule 10.
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys