SCHEDULES

SCHEDULE 13Extension of powers to issue warrants under the 1998 Act to CAT

Section 41

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.