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Enterprise Act 2002

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Changes and effects yet to be applied to Section 109:

  • s. 109 amendment to earlier affecting provision 1980 c. 21, s. 11B by 2024 c. 13 Sch. 30 para. 2
  • s. 109 amendment to earlier affecting provision 1984 c. 44, s. 41EB(1) by 2024 c. 13 Sch. 30 para. 8
  • s. 109 amendment to earlier affecting provision 1989 c. 29, s. 56CB(1) by 2024 c. 13 Sch. 30 para. 10
  • s. 109 amendment to earlier affecting provision 1991 c. 56, s. 14B(1) by 2024 c. 13 Sch. 30 para. 12
  • s. 109 amendment to earlier affecting provision 1991 c. 56, s. 16B(1) by 2024 c. 13 Sch. 30 para. 13
  • s. 109 amendment to earlier affecting provision 1991 c. 56, s. 17M(1) by 2024 c. 13 Sch. 30 para. 14
  • s. 109 amendment to earlier affecting provision 1991 c. 56, s. 17Q(6) by 2024 c. 13 Sch. 30 para. 15
  • s. 109 amendment to earlier affecting provision 1993 c. 43, Sch. 4A para. 10A(1) by 2024 c. 13 Sch. 30 para. 22
  • s. 109 amendment to earlier affecting provision 1993 c. 43, Sch. 4A para. 15(2D) by 2024 c. 13 Sch. 30 para. 23
  • s. 109 amendment to earlier affecting provision 1993 c. 43, s. 13B(1) by 2024 c. 13 Sch. 30 para. 18
  • s. 109 amendment to earlier affecting provision 1993 c. 43, s. 15C(2D) by 2024 c. 13 Sch. 30 para. 19
  • s. 109-110A amendment to earlier affecting provision 2007 c. 29, s. 60(9) by 2024 c. 13 Sch. 30 para. 31
  • s. 109 amendment to earlier affecting provision S.I. 2003/419 (N.I.), Sch. 2 para. 5(1) by 2024 c. 13 Sch. 30 para. 36
  • s. 109 amendment to earlier affecting provision S.I. 2005/3172, art. 10(3)-(7) by 2024 c. 13 Sch. 30 para. 39
  • s. 109 amendment to earlier affecting provision S.I. 2005/3172, art. 5 by 2024 c. 13 Sch. 30 para. 38
  • s. 109 amendment to earlier affecting provision S.I. 2006/3336 (N.I.), art. 23 by 2024 c. 13 Sch. 30 para. 41
  • s. 109 amendment to earlier affecting provision S.I. 2006/3336 (N.I.), art. 27(6)-(10) by 2024 c. 13 Sch. 30 para. 42
  • s. 109 amendment to earlier affecting provision S.I. 2011/2749, art. 3 by 2024 c. 13 Sch. 30 para. 44
  • s. 109 power extended by 2024 c. 13 s. 319
  • s. 109(A1)(b) words inserted by 2024 c. 13 Sch. 7 para. 4(5)
  • s. 109(1)(a) words substituted by 2024 c. 13 s. 142(5)
  • s. 109(8A) words substituted by S.I. 2019/93, reg. 50A(3)(a) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 109(8A)(a) words substituted by S.I. 2019/93, reg. 50A(3)(b) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 109(8A)(b) words substituted by S.I. 2019/93, reg. 50A(3)(b) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)

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):

109 Attendance of witnesses and production of documents etc.U.K.
This section has no associated Explanatory Notes

[F1(A1)For the purposes of this section, the permitted purposes are the following—

(a)assisting the CMA in carrying out any functions, including enforcement functions, exercisable by it under or by virtue of this Part in connection with a matter that is or has been the subject of a reference or possible reference under section 22 [F2, 33, 68B or 68C];

(b)assisting the CMA or the Secretary of State in carrying out any functions, including enforcement functions, of the CMA or (as the case may be) the Secretary of State under or by virtue of this Part in connection with a matter that is or has been the subject of a reference or possible reference under section 45 or 62.]

(1)[F3The CMA may, for a permitted purpose,] give notice to any person requiring him—

(a)to attend at a time and place specified in the notice; and

(b)to give evidence to the [F4CMA] or a person nominated by the [F4CMA] for the purpose.

(2)[F5The CMA may, for a permitted purpose,] give notice to any person requiring him—

(a)to produce any documents which—

(i)are specified or described in the notice, or fall within a category of document which is specified or described in the notice; and

(ii)are in that person’s custody or under his control; and

(b)to produce them at a time and place so specified and to a person so specified.

(3)[F6The CMA may, for a permitted purpose,] give notice to any person who carries on any business requiring him—

(a)to supply to [F7the CMA] such estimates, forecasts, returns or other information as may be specified or described in the notice; and

(b)to supply it at a time and place, and in a form and manner, so specified and to a person so specified.

(4)A notice under this section shall[F8—

(a)specify the permitted purpose for which the notice is given, including the function or functions in question; and

(b)]include information about the possible consequences of not complying with the notice.

(5)[F9The CMA, or any person nominated by it for the purpose, may for a permitted purpose] take evidence on oath, and for that purpose may administer oaths.

(6)The person to whom any document is produced in accordance with a notice under this section may, [F10for a permitted purpose], copy the document so produced.

(7)No person shall be required under this section—

(a)to give any evidence or produce any documents which he could not be compelled to give or produce in civil proceedings before the court; or

(b)to supply any information which he could not be compelled to supply in evidence in such proceedings.

(8)No person shall be required, in compliance with a notice under this section, to go more than 10 miles from his place of residence unless his necessary travelling expenses are paid or offered to him.

[F11(8A)In subsection (A1), “enforcement functions” means—

(a)in relation to the CMA—

(i)functions conferred by virtue of section 87 on the CMA by enforcement orders;

(ii)functions of the CMA in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;

(iii)functions of the CMA under or by virtue of section 75, 76, 83 or 92 in relation to enforcement undertakings or enforcement orders;

(b)in relation to the Secretary of State—

(i)functions conferred by virtue of section 87 on the Secretary of State by enforcement orders;

(ii)functions of the Secretary of State in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;

(iii)functions of the Secretary of State under or by virtue of paragraph 5, 6 or 10 of Schedule 7 in relation to enforcement undertakings or enforcement orders.]

(9)Any reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form.

(10)In this section “the court” means—

(a)in relation to England and Wales or Northern Ireland, the High Court; and

(b)in relation to Scotland, the Court of Session.

Textual Amendments

F3Words in s. 109(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 29(3), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.) (with a saving in S.I. 2014/549, Sch. 2 para. 6)

F5Words in s. 109(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 29(4), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.) (with a saving in S.I. 2014/549, Sch. 2 para. 6)

F6Words in s. 109(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 29(5), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.) (with a saving in S.I. 2014/549, Sch. 2 para. 6)

F9Words in s. 109(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 29(7), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.) (with a saving in S.I. 2014/549, Sch. 2 para. 6)

F10Words in s. 109(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 29(8), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.) (with a saving in S.I. 2014/549, Sch. 2 para. 6)

Modifications etc. (not altering text)

C24S. 109 applied (with modifications) (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 15, Sch. 3 para. 1(1)(o)(15) (as amended (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 18(1)-(17) (with arts. 20-23))

S. 109 applied (with modifications) (20.6.2003) by S.I. 1999/3088, reg. 8 (as substituted by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para. 36(3))

S. 109 applied (with modifications) (N.I.) (2.3.2004) by S.I. 1992/231 (N.I. 1), art. 17A(14)(a)(17)(18) (as inserted by The Energy (Northern Ireland) Order (S.I. 2003/419 (N.I. 6)), {art. 36(2)}; S.R. 2004/71, art. 2, Sch.)

S. 109 applied (with modifications) (N.I.) (2.3.2004) by S.I. 1996/275 (N.I. 2), art. 17A(17)(a)(20)(21) (as inserted by The Energy (Northern Ireland) Order (S.I. 2003/419 (N.I. 6)), {art. 37(2)}; S.R. 2004/71, art. 2, Sch.)

S. 109 applied (with modifications) (N.I.) (2.3.2004) by The Energy (Northern Ireland) Order (S.I. 2003/419 (N.I. 6)), arts. 39(2), 40(2), {Sch. 2 para. 5(1)(a)(5)(6)}; S.R. 2004/71, art. 2, Sch.

S. 109 applied (with modifications) (1.10.2004) by 1991 c. 56, s. 16B(6)(a)-(10) (as inserted by Water Act 2003 (c. 37), ss. 55(4), 105(3); S.I. 2004/2528, art. 2(h) (with art. 4, Sch.))

C25Ss. 109-115 applied (with modifications) (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 60(9), 211(2) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(c)(i) (as amended (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 177 (with art. 3, Sch. 2 para. 2))

C38S. 109 applied (with modifications) by S.I. 2003/419 (N.I. 6), Sch. 2 para. 5(1A) (as inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 243(3) (with art. 3, Sch. 2 para. 2))

C44S. 109 modified by S.I. 2003/1592, art. 5A(e) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 7 (with arts. 20-23))

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