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Paragraph 17A F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies to the exercise of a power of an enforcer to give a person a notice under paragraph 14.

(2)

The power is exercisable so as to—

(a)

give the notice to a person who is outside the United Kingdom;

(b)

require the provision of information held outside the United Kingdom.

(3)

Sub-paragraph (4) applies where—

(a)

an enforcer proposes to give a notice to a person outside the United Kingdom by virtue of sub-paragraph (2)(a), and

(b)

the enforcer does not consider that the person is a potential enforcement subject.

(4)

Where this sub-paragraph applies, the power to give the notice is exercisable only if the person has a UK connection.

(5)

A person has a UK connection if the person—

(a)

is a United Kingdom national,

(b)

is an individual who is habitually resident in the United Kingdom,

(c)

is a firm established in the United Kingdom, or

(d)

carries on business in the United Kingdom or by any means directs activities in the course of carrying on a business to consumers in the United Kingdom.

(6)

For the purposes of sub-paragraph (3)(b) a person (P) is a “potential enforcement subject”, in relation to a notice given by an enforcer to P by virtue of this paragraph, if the notice is given for the purposes of enabling the enforcer—

(a)

to exercise, or consider whether to exercise, a function mentioned in paragraph 13(2), (3), (7)(a) or (9)(b) in relation to P;

(b)

to ascertain whether P has breached any legislation mentioned in paragraph 13(4);

(c)

to ascertain whether P has complied with, or is complying with, an injunction or interdict mentioned in paragraph 13(7)(b);

(d)

to determine whether to make an order of a kind mentioned in paragraph 13(9)(a) in respect of, or in relation to, P.

(7)

In sub-paragraph (5)(a) “United Kingdom national” means—

(a)

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b)

a person who is a British subject under the British Nationality Act 1981;

(c)

a British protection person within the meaning of that Act.

(8)

For the purposes of sub-paragraph(5)(c), a firm is “established in the United Kingdom” if—

(a)

it is incorporated or formed under the law of a part of the United Kingdom, or

(b)

it is administered under arrangements governed by the law of a part of the United Kingdom.

(9)

References in this paragraph to an enforcer include an officer of an enforcer.

Annotations

Textual amendments

F1

Sch. 5 para. 17A and cross-heading inserted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 17 para. 3 (with Sch. 19); S.I. 2025/272, reg. 2(1)(8)

Notes on Schedule 5

Modifications

C1

Sch. 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))

C2

Sch. 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)

C3

Sch. 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)

Notes on Part 3

Modifications

C1

Sch. 5 Pt. 3: powers extended in part (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)