17U.K.In Chapter 4 of Part 4 of EA 2002 (market studies and market investigations: supplementary: investigation powers), after section 174 insert—
“174ZAExtra-territorial application of notices under section 174
(1)This section applies to the exercise of the CMA’s power to give a person a notice under section 174(4) or (5).
(2)The power is exercisable so as to—
(a)give the notice to a person who is outside the United Kingdom (subject to subsection (3));
(b)require the production of documents, or the supply of information, held outside the United Kingdom.
(3)The CMA’s power to give a notice under section 174(4) or (5) to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if the person—
(a)is a United Kingdom national;
(b)is an individual who is habitually resident in the United Kingdom;
(c)is a body incorporated under the law of any part of the United Kingdom;
(d)carries on business in the United Kingdom.
(4)In subsection (3)(a) “United Kingdom national” has the same meaning as in Part 3 (see section 129(1)).
(5)Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 174(4) or (5) to a person outside the United Kingdom.”
Commencement Information
I1Sch. 13 para. 17 not in force at Royal Assent, see s. 339(1)
I2Sch. 13 para. 17 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(17)