Prospective
46 Investigatory powers of [F1OFT].E+W
(1)For the purpose of investigating any matter under section 45, the [F2OFT] may by notice in writing—
(a)require any person to produce to [F2it] or to any person appointed by [F2it] for the purpose, at a time and place specified in the notice, any documents which are specified or described in the notice and which—
(i)are in that person’s custody or under that person’s control; and
(ii)relate to any matter relevant to the investigation; or
(b)require any person carrying on any business to furnish to [F2it] (within such time and in such manner and form as the notice may specify) such information as may be specified or described in the notice.
(2)A person shall not be required under this section 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.
(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 46 sidenote substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(3)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)
F2Words in s. 46(1) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(3)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F3S. 46(3) repealed (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(3)(c), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3)
46 Investigatory powers of Director.E+W
(1)For the purpose of investigating any matter under section 45, the Director may by notice in writing—
(a)require any person to produce to him or to any person appointed by him for the purpose, at a time and place specified in the notice, any documents which are specified or described in the notice and which—
(i)are in that person’s custody or under that person’s control; and
(ii)relate to any matter relevant to the investigation; or
(b)require any person carrying on any business to furnish to him (within such time and in such manner and form as the notice may specify) such information as may be specified or described in the notice.
(2)A person shall not be required under this section 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.
(3)Subsections (6) to (8) of section 85 of the M1Fair Trading Act 1973 (enforcement provisions) shall apply in relation to a notice under this section as they apply in relation to a notice under subsection (1) of that section.
Marginal Citations