# The Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017, Regulation 17: Enforcement of requirements in relation to evidence etc.


(1) This regulation applies where a person (“P”)—
(a) fails to comply with a notice or other requirement issued or imposed under regulation 14, 15 or 16;
(b) in complying with a notice under regulation 16, makes a statement that is false in a material particular; or
(c) in providing information verified by a statement of truth required by appeal rules, provides information that is false in a material particular.
(2) An authorised member of the CMA may certify to the High Court—
(a) the failure;
(b) the fact that P has made a false statement in circumstances described in paragraph (1)(b); or
(c) the fact that P has provided false information in circumstances described in paragraph (1)(c).
(3) The High Court may—
(a) inquire into the failure or act certified to it under paragraph (2); and
(b) punish P as if P had been guilty of contempt of court if it is satisfied, after having heard any witness against or on behalf of P and any statement in P’s defence, that—
(i) the certified failure or act took place; and
(ii) P did not have a reasonable excuse for the failure or act.
(4) Where P is a body corporate, the High Court may punish any director or other officer of that body either instead of or in addition to dealing with the body corporate.
(5) A person who wilfully alters, suppresses or destroys a document that the person has been required to produce under regulation 14 is guilty of an offence and is liable—
(a) on summary conviction, to a fine;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

---
Source: https://www.legislation.gov.uk/ukdsi/2017/9780111153871/regulation/17 (the official version)
Page: https://openlegislation.uk/draft-water-industry-designated-codes-appeals-to-the-competition-and-markets-authority-regulations-2017/regulation-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

