Competition Act 1998

[F1 65F Power to enter business premises without a warrant U.K.

(1) Any officer of the [F2 CMA] who is authorised in writing by the [F2 CMA] to do so (“an investigating officer”) may enter any business premises in connection with an Article 22(1) investigation.

(2) No investigating officer is to enter any premises in the exercise of his powers under this section unless he has given to the occupier of the premises a written notice which—

(a) gives at least two working days' notice of the intended entry;

(b) indicates the subject matter and purpose of the Article 22(1) investigation; and

(c) indicates the nature of the offences created by sections 65L to 65N.

(3) Subsection (2) does not apply—

(a) if the [F3 CMA] has a reasonable suspicion that the premises are, or have been, occupied by—

(i) a party to an agreement which it is investigating under section 65D; or

(ii) an undertaking the conduct of which it is investigating under section 65D; or

(b) if the investigating officer has taken all such steps as are reasonably practicable to give notice but has not been able to do so.

(4) In a case falling within subsection (3), the power of entry conferred by subsection (1) is to be exercised by the investigating officer on production of—

(a) evidence of his authorisation; and

(b) a document containing the information referred to in subsection (2)(b) and (c).

(5) An investigating officer entering any premises under this section may—

(a) take with him such equipment as appears to him to be necessary;

(b) require any person on the premises—

(i) to produce any document which he considers relates to any matter relevant to the investigation; and

(ii) if the document is produced, to provide an explanation of it;

(c) require any person to state, to the best of his knowledge and belief, where any such document is to be found;

(d) take copies of, or extracts from, any document which is produced;

(e) require any information which is stored in any electronic form and is accessible from the premises and which the investigating officer considers relates to any matter relevant to the investigation, to be produced in a form—

(i) in which it can be taken away, and

(ii) in which it is visible and legible or from which it can readily be produced in a visible and legible form;

(f) take any steps which appear to be necessary for the purpose of preserving or preventing interference with any document which he consider relates to any matter relevant to the investigation.

(6) In this section “business premises” means premises (or any part of premises) not used as a dwelling.]

Textual Amendments

F1 Pt. 2A 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. 44

F2 Word in s. 65F(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 48 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Word in s. 65F(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 48 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)