SCHEDULES

SCHEDULE 5Investigatory powers etc.

PART 4Further powers exercisable by domestic enforcers and authorised enforcers

Exercise of powers in this Part: F1F2authorised enforcers

20

(1)

Any power in this Part of this Schedule which is conferred on F3F4an authorised enforcer may be exercised by such an enforcer only for the purposes and in the circumstances mentioned in this paragraph in relation to that power.

(2)

If the condition in sub-paragraph (3) is met, F5F6an authorised enforcer may exercise any power conferred on it by F7paragraphs 22 to 25 and 31 to 34 for any purpose relating to the functions that the enforcer has under F8Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024.

(3)

The condition is that an officer of the F9F10authorised enforcer reasonably suspects—

(a)

that there has been, or is likely to be, a F11F12relevant infringement,

(b)

a failure to comply with F13an enforcement order, an interim enforcement order, an online interface order or an interim online interface order made on the application of that enforcer,

(c)

a failure to comply with an undertaking given under F14section 156(2)(b) or section 159(2)(b) of the Digital Markets, Competition and Consumers Act 2024 following such an application, F15...

(d)

a failure to comply with an undertaking given to that enforcer under F16section 163 F17or section 185 of that Act F18, or

F19(e)

a failure to comply with a relevant notice or a final enforcement notice.

F20(3A)

  F21F22An authorised enforcer may exercise the power in paragraph 21 (power to purchase products) for either of the following purposes—

(a)

the purpose mentioned in sub-paragraph (2), if the condition in sub-paragraph (3) is met, or

(b)

to obtain a product for use as evidence in proceedings under F23Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024.

(4)

F24F25An authorised enforcer may exercise the power in paragraph 27 (power to require the production of documents) for either of the following purposes—

(a)

the purpose mentioned in sub-paragraph (2), if the condition in sub-paragraph (3) is met;

(b)

to ascertain whether the documents may be required as evidence in proceedings under F26Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024.

(5)

F27F28An authorised enforcer may exercise the power in paragraph 28 (power to seize and detain goods) in relation to goods which an officer of the enforcer reasonably suspects—

(a)

may disclose (by means of testing or otherwise) a F29F30relevant infringement or a failure to comply with a measure specified in sub-paragraph (3)(b), (c) or (d), or

(b)

may be required as evidence in proceedings under F31Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024.

(6)

F32F33An authorised enforcer may exercise the power in paragraph 29 (power to seize documents required as evidence) in relation to documents which an officer of the enforcer reasonably suspects may be required as evidence in proceedings under F34Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024.

F35(7)

Each of the following is an “authorised enforcer” for the purposes of this Part of this Schedule—

(a)

the Competition and Markets Authority;

(b)

the Civil Aviation Authority;

(c)

the Financial Conduct Authority;

(d)

the Secretary of State;

(e)

the Department of Health in Northern Ireland;

(f)

the Office of Communications;

(g)

the Department for the Economy in Northern Ireland;

(h)

every local weights and measures authority in Great Britain;

(i)

an enforcement authority within the meaning of section 120(15) of the Communications Act 2003;

(j)

the Information Commissioner;

(k)

the Department for Infrastructure in Northern Ireland;

(l)

the Maritime and Coastguard Agency;

(m)

the Office of Rail and Road;

(n)

the Office for the Traffic Commissioner.

(8)

In this paragraph “relevant infringement” means an act or omission which is a relevant infringement for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 by virtue of contravening an enactment listed in paragraph 20A of this Schedule.