Paragraph 23 I1I2

After section 116 insert—

“Intentional destruction etc of documents

116A

(1)

A person (“P”) commits an offence if the person intentionally alters, suppresses or destroys any document which P has been required to produce by a notice under section 109.

(2)

But P does not commit an offence under subsection (1) by reason of any act or omission if the CMA has proceeded against P under section 110(1) or (1A) in relation to that act or omission.

(3)

A person who commits an offence under subsection (1) is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(4)

In this section—

(a)

the reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form;

(b)

the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.”