Competition Act 1998

[F1 62A Power to enter non-business premises under a warrant: Article 21 inspections U.K.

(1) [F2 On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that—]

(a) the Commission has ordered an Article 21 inspection; and

(b) the measures that would be authorised by the warrant are neither arbitrary nor excessive having regard in particular to the matters mentioned in subsection (2).

(2) Those matters are—

(a) the seriousness of the suspected infringement of [F3 Article 101(1) or 102] of the Treaty;

(b) the importance of the evidence sought;

(c) the involvement of the undertaking or association of undertakings concerned; and

(d) whether it is reasonably likely that business books and records relating to the subject matter of the Article 21 inspection are kept on the non-business premises that would be specified in the warrant.

(3) A warrant under this section shall authorise a named officer of the [F4 CMA] and any other [F4 CMA] officer, or Commission official, accompanying the named officer to enter any non-business premises specified in the warrant.

(4) A warrant under this section may authorise a named officer of the [F4 CMA] and any other [F4 CMA] officer, or Commission official, accompanying the named officer to search for books or records which a Commission official has power to examine.

(5) A warrant under this section may authorise a named officer of the [F4 CMA] and any other [F4 CMA] officer, or Commission official, accompanying the named officer to take or obtain copies of books or records of which a Commission official has power to take or obtain copies.

(6) A warrant granted under this section may authorise the use, for either or both of the purposes mentioned in subsections (3) and (4), of such force as is reasonably necessary.

(7) A warrant under this section may authorise persons specified in the warrant to accompany the named officer who is executing it.

(8) Any person entering any premises by virtue of a warrant under this section may take with him such equipment as appears to him to be necessary.

(9) On leaving any premises entered by virtue of a warrant the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.

(10) A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.

[F5 (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.]

(11) In the application of this section to Scotland, references to the High Court are to be read as references to the Court of Session.

(12) In this section—

• “non-business premises” means any premises to which a decision of the Commission ordering the Article 21 inspection relates;

• “Commission official” means any of the persons authorised by the Commission to conduct the Article 21 inspection; and

• “ [F6 CMA] officer” means any officer of the [F6 CMA] whom the [F6 CMA] has authorised in writing to accompany the named officer.]

Textual Amendments

F1 S. 62A inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 38

F2 Words in s. 62A(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 6(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Words in s. 62A(2)(a) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))

F4 Word in ss. 62A(3)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 42 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 S. 62A(10A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 6(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6 Word in s. 62A(12) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 42 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)