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 notice under subsection (2) or (3) may specify—

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

A notice under subsection (2) or (3) may require the provision of a legible and intelligible copy of information which is recorded otherwise than in legible form.

6

A notice under subsection (2) or (3) must—

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

The person to whom any document is produced in accordance with a notice under subsection (2) or (3) may copy the document.

8

A notice under subsection (2) or (3) may not require a person—

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.