Section 123 Investigations by Director General of Fair Trading.

United Kingdom

(1)

For the purpose of investigating any matter with a view to its consideration under section 122 above the Director may by a notice in writing—

(a)

require any person to produce, at a time and place specified in the notice, to the Director or to any person appointed by him for the purpose, any documents which are specified or described in the notice and which are documents in his custody or under his control and relating to any matter relevant to the investigation; or

(b)

require any person carrying on any business to furnish to the Director such information as may be specified or described in the notice, and specify the time within which, and the manner and form in which, any such information is to be furnished.

(2)

A person shall not under this section be required to produce any document or disclose any information which he would be entitled to refuse to produce or disclose on grounds of legal professional privilege in proceedings in the High Court or on grounds of confidentiality as between client and professional legal adviser in proceedings in the Court of Session.

(3)

Subsections F1(6) to (8) of section 85 of the M1Fair Trading Act 1973 (enforcement provisions) shall apply in relation to a notice under this section as they apply in relation to a notice under subsection (1) of that section F2but as if, in subsection (7) of that section, for the words from “anyone" to “the Commission" there was substituted “the Director".