Investigations by [F1OFT] E+W
Textual Amendments
F1Word in Sch. 10 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
5E+WIf at any time the [F1OFT] considers that the exercise or proposed exercise of a function to which this Schedule applies may not meet the competition test, [F2it] may conduct an investigation.
Textual Amendments
F2Word in Sch. 10 para. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Commencement Information
I1Sch. 10 para. 5 wholly in force at 1.8.2001; Sch. 10 para. 5 not in force at Royal Assent see s. 275(1); Sch. 10 para. 5 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 5 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
6(1)For the purposes of an investigation under paragraph 5 the [F1OFT] may require any person—E+W
(a)to produce to [F3it] or to a person appointed by [F3it], at a specified time and place, any specified document, or
(b)to provide [F3it] or such a person, at such a time and place, any specified information,
which [F3the OFT] considers relates to any matter relevant to the investigation.
(2)The power conferred by sub-paragraph (1) is to be exercised by a notice in writing indicating the subject matter and purpose of the investigation; and in this paragraph “specified” means—
(a)specified, or described, in the notice, or
(b)falling within a category which is specified, or described, in the notice.
(3)Information required to be provided under sub-paragraph (1) shall be provided in the specified manner and form.
(4)The power conferred by sub-paragraph (1) to require a person to produce a document includes power—
(a)to require him to provide an explanation of the document, or
(b)if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.
(5)In this paragraph “information” includes estimates and forecasts.
Textual Amendments
F3Words in Sch. 10 para. 6(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(f); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Commencement Information
I2Sch. 10 para. 6 wholly in force at 1.8.2001; Sch. 10 para. 6 not in force at Royal Assent see s. 275(1); Sch. 10 para. 6 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 6 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
7(1)If a person refuses or fails to comply with a notice under paragraph 6, the [F1OFT] may certify that fact in writing to the High Court which may enquire into the case.E+W
(2)If after hearing—
(a)any witness who may be produced against or on behalf of the person, and
(b)any statement which may be offered in defence,
the High Court is satisfied that the person did not have a reasonable excuse for refusing or failing to comply with the notice, the High Court may punish him as if he had been guilty of contempt of court.
Commencement Information
I3Sch. 10 para. 7 wholly in force at 1.8.2001; Sch. 10 para. 7 not in force at Royal Assent see s. 275(1); Sch. 10 para. 7 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 7 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
8(1)A person shall not be required under paragraph 6 to produce or disclose a privileged communication.E+W
(2)In sub-paragraph (1) “privileged communication” means a communication—
(a)between a professional legal adviser and his client, or
(b)made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,
which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.
Commencement Information
I4Sch. 10 para. 8 wholly in force at 1.8.2001; Sch. 10 para. 8 not in force at Royal Assent see s. 275(1); Sch. 10 para. 8 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 8 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
9E+WBefore the [F1OFT], as the result of an investigation under paragraph 5, makes a decision that the exercise or proposed exercise of a function does not meet the competition test, [F4the OFT] must—
(a)give written notice to the person or persons likely to be affected by the proposed decision, and
(b)give that person or those persons an opportunity to make representations.
Textual Amendments
F4Words in Sch. 10 para. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(g); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Commencement Information
I5Sch. 10 para. 9 wholly in force at 1.8.2001; Sch. 10 para. 9 not in force at Royal Assent see s. 275(1); Sch. 10 para. 9 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 9 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8