Paragraph 17A F1
This paragraph applies to the exercise of a power of an enforcer to give a person a notice under paragraph 14.
The power is exercisable so as to—
give the notice to a person who is outside the United Kingdom;
require the provision of information held outside the United Kingdom.
Sub-paragraph (4) applies where—
an enforcer proposes to give a notice to a person outside the United Kingdom by virtue of sub-paragraph (2)(a), and
the enforcer does not consider that the person is a potential enforcement subject.
Where this sub-paragraph applies, the power to give the notice is exercisable only if the person has a UK connection.
A person has a UK connection if the person—
is a United Kingdom national,
is an individual who is habitually resident in the United Kingdom,
is a firm established in the United Kingdom, or
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.
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—
to exercise, or consider whether to exercise, a function mentioned in paragraph 13(2), (3), (7)(a) or (9)(b) in relation to P;
to ascertain whether P has breached any legislation mentioned in paragraph 13(4);
to ascertain whether P has complied with, or is complying with, an injunction or interdict mentioned in paragraph 13(7)(b);
to determine whether to make an order of a kind mentioned in paragraph 13(9)(a) in respect of, or in relation to, P.
In sub-paragraph (5)(a) “United Kingdom national” means—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
a person who is a British subject under the British Nationality Act 1981;
a British protection person within the meaning of that Act.
For the purposes of sub-paragraph(5)(c), a firm is “established in the United Kingdom” if—
it is incorporated or formed under the law of a part of the United Kingdom, or
it is administered under arrangements governed by the law of a part of the United Kingdom.
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)