United Kingdom Internal Market Act 2020

41 Information-gathering powers U.K.

(1) The powers under this section may be exercised for the purpose of assisting the CMA in carrying out any of its functions under—

(a) section 33, 34, 35 or 36; or

(b) section 5 of the Enterprise Act 2002 (acquisition of information etc) in connection with a matter in relation to which the CMA proposes to undertake a review, prepare a report, or give advice under any of the sections mentioned in paragraph (a).

(2) The CMA may by notice in writing require a person to produce any document which—

(a) is specified or otherwise identified in the notice; and

(b) is in that person's custody or under that person's control.

(3) The CMA may by notice in writing require any person who carries on a business to provide such estimates, forecasts, returns or other information as may be specified or otherwise described in the notice.

(4) A notice under subsection (2) or (3) may specify—

(a) the time and place at which,

(b) the form and manner in which, and

(c) the person to whom,

a document or information is to be produced or provided.

(5) A notice under subsection (2) or (3) may require the provision of a legible and intelligible copy of information which is recorded otherwise than in legible form.

(6) A notice under subsection (2) or (3) must—

(a) state the purpose for which the notice is given, including which of the functions mentioned in subsection (1) is relevant; and

(b) include information about the potential consequences of not complying with the notice.

(7) The person to whom any document is produced in accordance with a notice under subsection (2) or (3) may copy the document.

(8) A notice under subsection (2) or (3) may not require a person—

(a) to produce or provide any document or information which the person could not be compelled to produce, or give in evidence, in civil proceedings before the court; or

(b) to go more than 10 miles from the person's place of residence, unless the person's necessary travelling expenses are paid or offered to them.

(9) In this section “the court” means—

(a) in relation to England and Wales or Northern Ireland, the High Court; and

(b) in relation to Scotland, the Court of Session.

(10) In Schedule 14 to the Enterprise Act 2002 (disclosure of information: specified functions) at the appropriate place insert— “ Part 4 of the United Kingdom Internal Market Act 2020. ”.

Modifications etc. (not altering text)

C1 Ss. 41-43: power to modify conferred (28.4.2022) by Subsidy Control Act 2022 (c. 23), ss. 67(3), 91(1)(b)

C2 S. 41 applied (with modifications) (4.1.2023) by The Subsidy Control (Information-Gathering Powers) (Modification) Regulations 2022 (S.I. 2022/1152), regs. 1(1), 2(a)

C3 Ss. 41-43 applied (with modifications) (4.1.2023) by Subsidy Control Act 2022 (c. 23), ss. 67(1)(2), 91(2); S.I. 2022/1359, reg. 2

Commencement Information

I1 S. 41 in force at 14.6.2021 by S.I. 2021/706, reg. 2