SCHEDULES

SCHEDULE 5U.K.Investigatory powers etc.

Modifications etc. (not altering text)

C1Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))

C2Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)

C3Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

PART 4U.K.Further powers exercisable by domestic enforcers and [F1[F2authorised] enforcers]

Textual Amendments

Modifications etc. (not altering text)

Exercise of powers in this Part: [F3[F4authorised] enforcers] U.K.

Textual Amendments

20(1)Any power in this Part of this Schedule which is conferred on [F5[F6an 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.U.K.

(2)If the condition in sub-paragraph (3) is met, [F7[F8an authorised] enforcer] may exercise any power conferred on it by [F9paragraphs 22 to 25] and 31 to 34 for any purpose relating to the functions that the enforcer has under [F10Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

(3)The condition is that an officer of the [F11[F12authorised] enforcer] reasonably suspects—

(a)that there has been, or is likely to be, a [F13[F14relevant] infringement],

(b)a failure to comply with [F15an 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 [F16section 156(2)(b) or section 159(2)(b) of the Digital Markets, Competition and Consumers Act 2024] following such an application, F17...

(d)a failure to comply with an undertaking given to that enforcer under [F18section 163] [F19or section 185] of that Act [F20, or]

[F21(e)a failure to comply with a relevant notice or a final enforcement notice.]

[F22(3A)  [F23[F24An 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 [F25Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].]

(4)[F26[F27An 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 [F28Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

(5)[F29[F30An 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 [F31[F32relevant] 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 [F33Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

(6)[F34[F35An 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 [F36Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

[F37(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.]

Textual Amendments

F23Words in Sch. 5 para. 20(3A) substituted by S.I. 2019/203, reg. 4(9)(da) (as inserted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(4)(b))

Commencement Information

I1Sch. 5 para. 20 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I2Sch. 5 para. 20 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I3Sch. 5 para. 20 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)