Part 2Competition
Chapter 1Anti-trust
Investigations
I1122Production of information authorised by warrant
1
Section 28 of CA 1998 (power to enter business premises under a warrant) is amended as follows.
2
In subsection (1)—
a
in paragraph (a), in the words before sub-paragraph (i), after “there are on” insert “or accessible from”
;
b
in paragraph (b), in sub-paragraph (i), after “there are on” insert “or accessible from”
;
c
in paragraph (c), after “there are on” insert “or accessible from”
.
3
In subsection (2)—
a
in paragraph (f) omit “and which the named officer considers relates to any matter relevant to the investigation,”;
b
after that paragraph insert—
g
to operate any equipment found on the premises for the purposes of producing such information in such a form;
h
to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (f) and (g));
i
to take copies of, or take possession of, anything produced in accordance with paragraph (f) or (g) which the named officer considers relates to any matter relevant to the investigation.
4
Section 28A of CA 1998 (power to enter domestic premises under a warrant) is amended as follows.
5
In subsection (1)—
a
in paragraph (a), in the words before sub-paragraph (i), after “there are on” insert “or accessible from”
;
b
in paragraph (b), in sub-paragraph (i), after “there are on” insert “or accessible from”
.
6
In subsection (2)—
a
in paragraph (f) omit “and which the named officer considers relates to any matter relevant to the investigation,”;
b
after that paragraph insert—
g
to operate any equipment found on the premises for the purposes of producing such information in such a form;
h
to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (f) and (g));
i
to take copies of, or take possession of, anything produced in accordance with paragraph (f) or (g) which the named officer considers relates to any matter relevant to the investigation.
7
In section 30 of CA 1998 (privileged communications), after subsection (1) insert—
1A
Nothing in section 28 or 28A authorises an officer to produce or take possession of, or make copies of or take extracts from, anything which, by virtue of subsection (1), a person could not be required to produce or disclose under this Part.