PART 4Competition Reform
CHAPTER 4Cartels
I1I248Extension of power to issue warrants to CAT
1
Section 194 of the 2002 Act (power to enter premises under a warrant) is amended as follows.
2
In subsection (1), for the words from the beginning to “if he is satisfied” substitute “
On an application made to it by the CMA or, in Scotland, the procurator fiscal, the appropriate body may issue a warrant if it is satisfied
”
.
3
After subsection (1) insert—
1A
In subsection (1), “appropriate body” means—
a
in England and Wales and Northern Ireland, the High Court or the Competition Appeal Tribunal;
b
in Scotland, the sheriff.
4
After subsection (4) insert—
4A
An application for a warrant under this section must be made—
a
in the case of an application to the High Court or the sheriff, in accordance with rules of court;
b
in the case of an application to the Competition Appeal Tribunal, in accordance with rules made under section 15.
5
In Schedule 4 to that Act, before paragraph 11, but after the cross-heading immediately preceding it, insert—
10A
1
Tribunal rules may make provision as to proceedings on an application for a warrant under section 194 of this Act or section 28, 28A, 62, 62A, 63, 65G or 65H of the 1998 Act, including provision—
a
for the Tribunal dealing with the proceedings to consist only of the President or a member of the panel of chairmen;
b
as to the manner in which the proceedings are to be conducted, including provision—
i
for such applications to be determined without a hearing;
ii
in cases where there is a hearing, for it to be held in private if the Tribunal considers it appropriate because it is considering information of a kind mentioned in paragraph 1(2);
c
as to the persons entitled to be heard in such proceedings (where there is a hearing);
d
for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths to witnesses;
e
as to the evidence which may be required or admitted and the extent to which it should be oral or written;
f
allowing the Tribunal to fix time-limits with respect to any aspect of the proceedings and to extend any time-limit (before or after its expiry).
2
Paragraphs 2 to 8, and 11 to 17, of this Schedule do not apply in relation to the institution or conduct of proceedings for a warrant mentioned in sub-paragraph (1).
6
In section 14 of that Act (constitution of Tribunal for particular proceedings and its decisions), in subsection (5), for “paragraph 18” substitute “
paragraphs 10A(1)(a) and 18
”
.