OpenLegislation

Section 41 Investigatory powers of the CMAF4I1

Scotland

(1)

For the purpose of investigating any matter under section 40 of this Act, the F1CMA may by notice in writing—

(a)

require any person to produce to F2the CMA or to any person appointed by the CMA for the purpose, at a time and place specified in the notice, any documents which are specified or described in the notice and which—

(i)

are in that person’s custody or under that person’s control; and

(ii)

relate to any matter relevant to the investigation; or

(b)

require any person carrying on any business to furnish to the CMA (within such time and in such manner and form as the notice may specify) such information as may be specified or described in the notice.

(2)

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

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Word in s. 41(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 49(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2

Word in s. 41(1)(a)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 49(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3

S. 41(3) repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 12(2)

F4

Word in s. 41 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 49(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement

I1

S. 41 wholly in force at 30.9.1991 see s. 75(2) and s.I. 1991/2151, art. 3, Sch.