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Enterprise and Regulatory Reform Act 2013, SCHEDULE 13 is up to date with all changes known to be in force on or before 30 August 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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Section 41
1U.K.The 1998 Act is amended as follows.
Commencement Information
I1Sch. 13 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
2(1)Section 28 (power to enter business premises under a warrant) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4)After subsection (7) insert—
“(7A)An application for a warrant under this section must be made—
(a)in the case of an application to the court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I2Sch. 13 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
3(1)Section 28A (power to enter domestic premises under a warrant) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4)After subsection (8) insert—
“(8A)An application for a warrant under this section must be made—
(a)in the case of an application to the court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I3Sch. 13 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
4U.K.In section 61 (interpretation of Part 2), after the definition of “the Treaty” insert—
““the Tribunal” means the Competition Appeal Tribunal;”
“Tribunal rules” means rules under section 15 of the Enterprise Act 2002.””.
Commencement Information
I4Sch. 13 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
5(1)Section 62 (power to enter business premises under a warrant: Article 20 inspections) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.
(3)After subsection (8) insert—
“(8A)An application for a warrant under this section must be made—
(a)in the case of an application to the High Court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I5Sch. 13 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
6(1)Section 62A (power to enter non-business premises under a warrant: Article 21 inspections) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.
(3)After subsection (10) insert—
“(10A)An application for a warrant under this section must be made—
(a)in the case of an application to the High Court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I6Sch. 13 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
7(1)Section 63 (power to enter business premises under a warrant: Article 22(2) inspections) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.
(3)After subsection (8) insert—
“(8A)An application for a warrant under this section must be made—
(a)in the case of an application to the High Court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I7Sch. 13 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
8U.K.In section 65C (interpretation of Part 2A), in subsection (2), after the entry for “the Treaty” (but before the “and” following it) insert—
““the Tribunal;”
“Tribunal rules;””.
Commencement Information
I8Sch. 13 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
9(1)Section 65G (power to enter business premises under a warrant: Article 22(1) investigations) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4)After subsection (8) insert—
“(8A)An application for a warrant under this section must be made—
(a)in the case of an application to the court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I9Sch. 13 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
10(1)Section 65H (power to enter domestic premises under a warrant: Article 22(1) investigations) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4)After subsection (8) insert—
“(8A)An application for a warrant under this section must be made—
(a)in the case of an application to the court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I10Sch. 13 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
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