[F1Defaults in relation to evidenceU.K.
Textual Amendments
F1Sch. 5A inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 43(9), Sch. 6 (with reg. 44)
10.(1)If a person (“the defaulter”)—U.K.
(a)fails to comply with a notice issued or other requirement imposed under paragraph 6, 7 or 8;
(b)in complying with a notice under paragraph 8, makes a statement that is false in any material particular; or
(c)in providing information verified in accordance with a statement of truth required by appeal rules, provides information that is false in a material particular,
[F2an authorised member of the CMA] may certify the failure, or the fact that such a false statement has been made or such false information has been given, to the High Court or the Court of Session.
(2)The High Court or Court of Session may inquire into a matter certified to it under this paragraph; and if, after having heard—
(a)any witness against or on behalf of the defaulter; and
(b)any statement in the defaulter’s defence,
it is satisfied that the defaulter did, without reasonable excuse, fail to comply with the notice or other requirement, or made the false statement, or gave the false information, that court may punish that defaulter as if the person had been guilty of contempt of court.
(3)Where the High Court or Court of Session has power under this paragraph to punish a body corporate for contempt of court, it may so punish any director or other officer of that body (either instead of or as well as punishing the body).
(4)A person who wilfully alters, suppresses or destroys a document that that person has been required to produce under paragraph 6 is guilty of an offence and shall be liable—
(a)on summary conviction, to—
(i)in England and Wales, a fine not exceeding the statutory maximum, and
(ii)in Scotland, a fine not exceeding £5,000;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.]
Textual Amendments
F2Words in Sch. 5A para. 10(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 44(11); S.I. 2014/416, art. 2(1)(d) (with Sch.)