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Enterprise and Regulatory Reform Act 2013

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Section 41

SCHEDULE 13E+W+S+N.I.Extension of powers to issue warrants under the 1998 Act to CAT

This schedule has no associated Explanatory Notes

1The 1998 Act is amended as follows.E+W+S+N.I.

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Commencement Information

I1Sch. 13 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

2(1)Section 28 (power to enter business premises under a warrant) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

(4)After subsection (7) insert—

(7A)An application for a warrant under this section must be made—

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

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 13 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

3(1)Section 28A (power to enter domestic premises under a warrant) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

(4)After subsection (8) insert—

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

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

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

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 13 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

4In section 61 (interpretation of Part 2), after the definition of “the Treaty” insert—E+W+S+N.I.

the Tribunal” means the Competition Appeal Tribunal;”

Tribunal rules” means rules under section 15 of the Enterprise Act 2002.”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 13 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

5(1)Section 62 (power to enter business premises under a warrant: Article 20 inspections) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.

(3)After subsection (8) insert—

(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.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 13 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

6(1)Section 62A (power to enter non-business premises under a warrant: Article 21 inspections) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.

(3)After subsection (10) insert—

(10A)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.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 13 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

7(1)Section 63 (power to enter business premises under a warrant: Article 22(2) inspections) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.

(3)After subsection (8) insert—

(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.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 13 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

8In section 65C (interpretation of Part 2A), in subsection (2), after the entry for “the Treaty” (but before the “and” following it) insert—E+W+S+N.I.

“the Tribunal;”

“Tribunal rules;”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 13 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

9(1)Section 65G (power to enter business premises under a warrant: Article 22(1) investigations) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

(4)After subsection (8) insert—

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

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 13 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

10(1)Section 65H (power to enter domestic premises under a warrant: Article 22(1) investigations) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

(4)After subsection (8) insert—

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

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

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 13 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

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