Part 2Competition

Chapter 4Cartels

141Production of information authorised by warrant

(1)

Section 194 of EA 2002 (power to enter premises under a warrant) is amended as follows.

(2)

In subsection (1), in paragraph (a), after “there are on” insert “or accessible from”.

(3)

In subsection (2)—

(a)

in paragraph (d) omit “and which the named officer considers relates to any matter relevant to the investigation,”;

(b)

after that paragraph insert—

“(e)

to operate any equipment found on the premises for the purposes of producing such information in such a form;

(f)

to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (d) and (e));

(g)

to take copies of, or seize, anything produced in accordance with paragraph (d) or (e) which the named officer considers relates to any matter relevant to the investigation.”

(4)

In section 196 of EA 2002 (privileged information etc), after subsection (2) insert—

“(2A)

Nothing in section 194 authorises an officer to produce or take possession of, or make copies of or take extracts from, anything which, by virtue of subsections (1) or (2), a person could not be required to disclose or produce under section 193 or 194.”