OpenLegislation

Section 28 Power to enter business premises under a warrant.C1C2C3

United Kingdom

(1)

F1On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that—

(a)

there are reasonable grounds for suspecting that there are on F2or accessible from F3any business premises documents—

(i)

the production of which has been required under section 26 or 27; and

(ii)

which have not been produced as required;

(b)

there are reasonable grounds for suspecting that—

(i)

there are on F4or accessible from F5any business premises documents which the F6CMA has power under section 26 to require to be produced; and

(ii)

if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; or

(c)

an investigating officer has attempted to enter premises in the exercise of his powers under section 27 but has been unable to do so and that there are reasonable grounds for suspecting that there are on F7or accessible from the premises documents the production of which could have been required under that section.

(2)

A warrant under this section shall authorise a named officer of the F8CMA , and any other of F9the F10“CMA's officers whom the CMA has authorised in writing to accompany the named officer—

(a)

to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;

(b)

to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (“the relevant kind”);

(c)

to take possession of any documents appearing to be of the relevant kind if—

(i)

such action appears to be necessary for preserving the documents or preventing interference with them; or

(ii)

it is not reasonably practicable to take copies of the documents on the premises;

(d)

to take any other steps which appear to be necessary for the purpose mentioned in paragraph (c)(i);

(e)

to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of his knowledge and belief, where it may be found;

(f)

to require any information which is F11stored in any electronic form and is accessible from the premises F12... to be produced in a form—

(i)

in which it can be taken away, and

(ii)

in which it is visible and legible F13or from which it can readily be produced in a visible and legible form;

(g)

F14to operate any equipment found on the premises for the purposes of producing such information in such a form;

(h)

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 (f) and (g));

(i)

to take copies of, or take possession of, anything produced in accordance with paragraph (f) or (g) which the named officer considers relates to any matter relevant to the investigation.

(3)

If, in the case of a warrant under subsection (1)(b), F15the court or (as the case may be) the Tribunal is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant shall also authorise action mentioned in subsection (2) to be taken in relation to any such document.

(3A)

F16A warrant under this section may authorise persons specified in the warrant to accompany the named officer who is executing it.

(4)

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

(5)

On leaving any premises which he has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.

(6)

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.

(7)

Any document of which possession is taken under subsection (2)(c) may be retained for a period of three months.

(7A)

F17An application for a warrant under this section must be made—

(a)

in the case of an application to the court, in accordance with rules of court;

(b)

in the case of an application to the Tribunal, in accordance with Tribunal rules.

(8)

F18In this section “business premises” has the same meaning as in section 27.

Annotations

Textual amendments

F1

Words in s. 28(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 2(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2

Words in s. 28(1)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(2)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)

F3

Words in s. 28(1)(a) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 13(2)(a)

F4

Words in s. 28(1)(b)(i) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(2)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)

F5

Words in s. 28(1)(b)(i) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 13(2)(b)

F6

Word in s. 28(1)(b)(i) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 8(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7

Words in s. 28(1)(c) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(2)(c), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)

F8

Word in s. 28(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 8(3)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F9

Words in s. 28(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(22)(b)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F10

Word in s. 28(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 8(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F11

Words in s. 28(2)(f) substituted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), s. 138(2), Sch. 2 para. 21(a); S.I. 2003/708, art. 2(k)

F12

Words in s. 28(2)(f) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(3)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)

F13

Words in s. 28(2)(f) inserted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), s. 138(2), Sch. 2 para. 21(b); S.I. 2003/708, art. 2(k)

F14

S. 28(2)(g)-(i) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(3)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)

F15

Words in s. 28(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 2(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F16

S. 28(3A) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 203(2), 279; S.I. 2003/1397, art. 2(1), Sch.

F17

S. 28(7A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 2(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F18

S. 28(8) 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. 13(3)

F19

Words in s. 28 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 13(4)

Modifications

C1

Ss. 26-30 applied by 1986 c. 46, s. 9C(2) (as inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 204(2), 279; S.I. 2003/1397, art. 2(1), Sch.)

C2

Ss. 26-30 applied by S.I. 2002/3150 (N.I. 4), art. 13C(2) (as inserted (19.12.2005) by The Company Directors Disqualification (Amendment) (Northern Ireland) Order 2005 (S.I. 2005/1454), arts. 1(3), 3; S.R. 2005/514, art. 2)

C3

Ss. 26-29 powers extended (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 319, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(4)

C4

S. 28(2): powers of seizure extended (prosp.) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 67

C5

S. 28(2) powers of seizure extended (1.6.2004) by Criminal Justice and Police Act 2001 (c. 16), ss. 50, 138(2), Sch. 1 para. 67 (with ss. 52-54, 68); S.I. 2004/1376, art. 2(b)

C6

S. 28(2)(f) modified (prosp.) by 2001 c. 16, ss. 63(2)(h), 138(2)

C7

S. 28(2)(f) modified (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 63, 138(2); S.I. 2003/708, art. 2(a)

C8

S. 28(7) applied (prosp.) by 2001 c. 16, ss. 57(1)(n)(2)(4), 138(2)

C9

S. 28(7) applied (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 57(1)(n), 138(2) (with s. 57(4)); S.I. 2003/708, art. 2(a)

Notes on the whole Act

Textual amendments

F1

Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1