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Paragraph 4 Legal advice during investigations and inspectionsC1

(1)

An officer entering a premises must, upon request, allow a reasonable time for the occupier's legal adviser to arrive at the premises before the investigation continues, if the officer—

(a)

considers it reasonable in the circumstances to do so, and

(b)

is satisfied that such conditions as he considers it is appropriate to impose in granting the occupier's request are being, or will be, complied with.

(2)

A person required by the CMA under section 26(6)(a)(ii) or (b) F1... of the Act to provide an oral explanation of a document or orally confirm the location of a document may be accompanied by a legal adviser.

(3)

Where an individual is given notice under section 26A of the Act requiring them to answer questions immediately on receipt of the notice, an officer must upon request allow a reasonable time for the individual's legal adviser to arrive before starting the interview, if the officer—

(a)

considers it reasonable in the circumstances to do so, and

(b)

is satisfied that such conditions as he considers it appropriate to impose in granting the individual's request are being, or will be, complied with.

(4)

For the purposes of paragraphs (1) and (3), a “reasonable time” means such period of time as the officer considers is reasonable in the circumstances.

(5)

In this rule, “officer” means an investigating officer within the meaning of section 27(1) F2... of the Act or a named officer of the CMA authorised by a warrant issued under section 28 F3or 28A of the Act.

Annotations

Textual amendments

F1

Words in Sch. rule 4(2) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 4(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Sch. rule 4(5) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 4(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Sch. rule 4(5) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 4(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

Sch. modified (31.12.2020) by S.I. 2019/93, Sch. 4 para. 8C(4) (as inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(2))