Prospective
Extra-territoriality of notices under CA 1998 and EA 2002U.K.
17In 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)