PART 4Independent advice on and monitoring of UK internal market
Information-gathering powers
41Information-gathering powers
1
The powers under this section may be exercised for the purpose of assisting the CMA in carrying out any of its functions under—
a
section 33, 34, 35 or 36; or
b
section 5 of the Enterprise Act 2002 (acquisition of information etc) in connection with a matter in relation to which the CMA proposes to undertake a review, prepare a report, or give advice under any of the sections mentioned in paragraph (a).
2
The CMA may by notice in writing require a person to produce any document which—
a
is specified or otherwise identified in the notice; and
b
is in that person’s custody or under that person’s control.
3
The CMA may by notice in writing require any person who carries on a business to provide such estimates, forecasts, returns or other information as may be specified or otherwise described in the notice.
4
a
the time and place at which,
b
the form and manner in which, and
c
the person to whom,
a document or information is to be produced or provided.
5
6
a
state the purpose for which the notice is given, including which of the functions mentioned in subsection (1) is relevant; and
b
include information about the potential consequences of not complying with the notice.
7
8
a
to produce or provide any document or information which the person could not be compelled to produce, or give in evidence, in civil proceedings before the court; or
b
to go more than 10 miles from the person’s place of residence, unless the person’s necessary travelling expenses are paid or offered to them.
9
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.
10
In Schedule 14 to the Enterprise Act 2002 (disclosure of information: specified functions) at the appropriate place insert—
Part 4 of the United Kingdom Internal Market Act 2020.