SCHEDULES
F8SCHEDULE 14 Supervisory and qualifying bodies: Restrictive practices
Part I Prevention of restrictive practices
Investigatory powers of the Director
4
1
2
The F1OFT may by a notice in writing require any person to produce, at a time and place specified in the notice, to the F1OFT or to any person appointed by F3it for the purpose, any documents which are specified or described in the notice and which are documents in his custody or under his control and relating to any matter relevant to the investigation.
3
4
A person shall not under this paragraph be required to produce any document or disclose any information which he would be entitled to refuse to produce or disclose on grounds of legal professional privilege in proceedings in the High Court or on the grounds of confidentiality as between client and professional legal adviser in proceedings in the Court of Session.
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F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4AF5Enforcement
1
The court may, on an application by the OFT, enquire into whether any person (“the defaulter”) has refused or otherwise failed, without reasonable excuse, to comply with a notice under paragraph 4.
2
An application under sub-paragraph (1) shall include details of the possible failure which the OFT considers has occurred.
3
In enquiring into a case under sub-paragraph (1), the court shall hear any witness who may be produced against or on behalf of the defaulter and any statement which may be offered in defence.
4
Sub-paragraphs (5) and (6) apply where the court is satisfied, after hearing any witnesses and statements as mentioned in sub-paragraph (3), that the defaulter has refused or otherwise failed, without reasonable excuse, to comply with the notice under paragraph 4.
5
The court may punish the defaulter as it would have been able to punish him had he been guilty of contempt of court.
6
Where the defaulter is a body corporate, the court may punish any director or officer of the defaulter as it would have been able to punish that director or officer had the director or officer been guilty of contempt of court.
F66A
Where the defaulter is a partnership constituted under the law of Scotland, the court may punish any partner of the defaulter as it would have been able to punish him had he been guilty of contempt of court.
7
In this section “the court”—
a
in relation to England and Wales, means the High Court, and
b
in relation to Scotland, means the Court of Session.
F74B
1
A person commits an offence if he intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under paragraph 4.
2
A person who commits an offence under sub-paragraph (1) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Sch. 14 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 5, Sch. 2 para. 2(2) (with reg. 6(2))