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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
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Changes over time for: Section 41
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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Section 41 is up to date with all changes known to be in force on or before 24 December 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 41:
- s. 21A(1)(c) words substituted by 2007 asp 5 Sch. 5 para. 3(7)(a)(iii)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 21A(1)(c) words substituted by 2007 asp 5 Sch. 5 para. 3(7)(a)(iii)
41 Investigatory powers of the [F1CMA] S
(1)For the purpose of investigating any matter under section 40 of this Act, the [F2CMA] may by notice in writing—
(a)require any person to produce to [F3the CMA] or to any person appointed by [F3the CMA] for the purpose, at a time and place specified in the notice, any documents which are specified or described in the notice and which—
(i)are in that person’s custody or under that person’s control; and
(ii)relate to any matter relevant to the investigation; or
(b)require any person carrying on any business to furnish to [F3the CMA] (within such time and in such manner and form as the notice may specify) such information as may be specified or described in the notice.
(2)A person shall not be required under this section to produce any document or disclose any information which he would be entitled to refuse to produce or disclose on the grounds of confidentiality between a client and his professional legal adviser in any civil proceedings.
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in s. 41 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 49(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Word in s. 41(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 49(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Word in s. 41(1)(a)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 49(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4S. 41(3) repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 12(2)
Commencement Information
I1S. 41 wholly in force at 30.9.1991 see s. 75(2) and s.I. 1991/2151, art. 3, Sch.
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