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Paragraph 6 I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of an investigation under paragraph 5 the F1CMA may require any person—

(a)

to produce to F2it or to a person appointed by it, at a specified time and place, any specified document, or

(b)

to provide it or such a person, at such a time and place, any specified information,

which CMA considers relates to any matter relevant to the investigation.

(2)

The power conferred by sub-paragraph (1) is to be exercised by a notice in writing indicating the subject matter and purpose of the investigation; and in this paragraph “specified” means—

(a)

specified, or described, in the notice, or

(b)

falling within a category which is specified, or described, in the notice.

(3)

Information required to be provided under sub-paragraph (1) shall be provided in the specified manner and form.

(4)

The power conferred by sub-paragraph (1) to require a person to produce a document includes power—

(a)

to require him to provide an explanation of the document, or

(b)

if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.

(5)

In this paragraph “information” includes estimates and forecasts.

Annotations

Textual amendments

F1

Word in Sch. 10 para. 6 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2

Words in Sch. 10 para. 6(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(f); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Commencement

I1

Sch. 10 para. 6 wholly in force at 1.8.2001; Sch. 10 para. 6 not in force at Royal Assent see s. 275(1); Sch. 10 para. 6 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 6 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Notes on Part 1

Textual amendments

F1

Sch. 10 Pt. 1 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Notes on Investigations by CMA

Textual amendments

F1

Word in Sch. 10 para. 5 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)