SCHEDULES
SCHEDULE 13Extension of powers to issue warrants under the 1998 Act to CAT
1
The 1998 Act is amended as follows.
2
1
Section 28 (power to enter business premises under a warrant) is amended as follows.
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.
3
1
Section 28A (power to enter domestic premises under a warrant) is amended as follows.
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.
4
In section 61 (interpretation of Part 2), after the definition of “the Treaty” insert—
“the Tribunal” means the Competition Appeal Tribunal;”
“Tribunal rules” means rules under section 15 of the Enterprise Act 2002.”
5
1
Section 62 (power to enter business premises under a warrant: Article 20 inspections) is amended as follows.
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.
6
1
Section 62A (power to enter non-business premises under a warrant: Article 21 inspections) is amended as follows.
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.
7
1
Section 63 (power to enter business premises under a warrant: Article 22(2) inspections) is amended as follows.
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.
8
In section 65C (interpretation of Part 2A), in subsection (2), after the entry for “the Treaty” (but before the “and” following it) insert—
“the Tribunal;”
“Tribunal rules;”
9
1
Section 65G (power to enter business premises under a warrant: Article 22(1) investigations) is amended as follows.
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.
10
1
Section 65H (power to enter domestic premises under a warrant: Article 22(1) investigations) is amended as follows.
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.