Competition Act 1998

Changes over time for: Section 62

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Point in time view as at 01/04/2014.

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Competition Act 1998, Section 62 is up to date with all changes known to be in force on or before 03 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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62 [F1Power to enter business premises under a warrant: Article 20 inspections] U.K.

[F2(1) On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that—]

[F3(a) the Commission has ordered an Article 20 inspection;

(b) the Article 20 inspection is being, or is likely to be, obstructed; and

(c) the measures that would be authorised by the warrant are neither arbitrary nor excessive having regard to the subject matter of the Article 20 inspection.]

(2)[F4An Article 20 inspection] is being obstructed if—

(a)[F5a Commission official], exercising his power in accordance with [F6Article 20(3) of the EC Competition Regulation], has attempted to enter [F7any business premises] but has been unable to do so; and

(b)there are reasonable grounds for suspecting that there [F8on any business premises] are books or records[F9 on the premises] which the Commission official has power to examine.

(3)[F10An Article 20 inspection] is also being obstructed if there are reasonable grounds for suspecting that there are [F11on any business premises] books or records [F12on the premises]—

(a)the production of which has been required by [F13a Commission official] exercising his power in accordance with [F14Article 20(3) of the EC Competition Regulation]; and

(b)which have not been produced as required.

(4)[F15An Article 20 inspection] is likely to be obstructed if—

(a)[F16an official of the Commission (“the Commission official”) is authorised for the purpose of the investigation;]

(b)there are reasonable grounds for suspecting that there are [F17on any business premises] books or records [F18on the premises] which [F19a Commission official] has power to examine; and

(c)there are also reasonable grounds for suspecting that, if the Commission official attempted to exercise his power to examine any of the books or records, they would not be produced but would be concealed, removed, tampered with or destroyed.

[F20(5)A warrant under this section shall authorise a named officer of the [F21CMA] and any other [F21CMA] officer, or Commission official, accompanying the named officer—

(a)to enter any business premises specified in the warrant using such force as is reasonably necessary for the purpose;

(b)to search for books and records which a Commission official has power to examine, using such force as is reasonably necessary for the purpose;

(c)to take or obtain copies of or extracts from such books and records;

(d)to seal the premises, any part of the premises or any books or records which a Commission official has power to seal, for the period and to the extent necessary for the inspection.]

[F22(5A)A warrant under this section may authorise persons specified in the warrant to accompany the named officer who is executing it.]

(6)Any person entering any premises by virtue of a warrant under this section may take with him such equipment as appears to him to be necessary.

(7)On leaving any premises entered by virtue of the warrant the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.

(8)A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.

[F23(8A)An application for a warrant under this section must be made—

(a)in the case of an application to the High Court, in accordance with rules of court;

(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.]

(9)In the application of this section to Scotland, references to the High Court are to be read as references to the Court of Session.

[F24(10)In this section—

“business premises” means any premises of an undertaking or association of undertakings which a Commission official has under Article 20 of the EC Competition Regulation power to enter in the course of the Article 20 inspection;
“Commission official” means any of the persons authorised by the Commission to conduct the Article 20 inspection; and
“ [F21CMA] officer” means any officer of the [F21CMA] whom the [F21CMA] has authorised in writing to accompany the named officer.

(11)In subsection (10), the reference in the definition of “business premises” to Article 20 of the EC Competition Regulation does not include a reference to that Article as applied by Article 21 of that Regulation.]

Textual Amendments

F1Words in s. 62 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 37(8)

F2Words in s. 62(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 5(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3Words in s. 62(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 37(2)

F4Words in s. 62(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 37(3)(a)

F5Words in s. 62(2)(a) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 37(3)(b)(i)

F6Words in s. 62(2)(a) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 37(3)(b)(ii)

F7Words in s. 62(2)(a) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 37(3)(b)(iii)

F8Words in s. 62(2)(b) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 37(3)(c)(ii)

F9Words in s. 62(2)(b) cease to have effect (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 37(3)(c)(i) (with reg. 6(2))

F10Words in s. 62(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 37(4)(a)

F11Words in s. 62(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 37(4)(c)