Section 41
1U.K.The 1998 Act is amended as follows.
Commencement Information
I1Sch. 13 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
2(1)Section 28 (power to enter business premises under a warrant) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4)After subsection (7) insert—
“(7A)An application for a warrant under this section must be made—
(a)in the case of an application to the court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I2Sch. 13 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
3(1)Section 28A (power to enter domestic premises under a warrant) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4)After subsection (8) insert—
“(8A)An application for a warrant under this section must be made—
(a)in the case of an application to the court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I3Sch. 13 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
4U.K.In section 61 (interpretation of Part 2), after the definition of “the Treaty” insert—
““the Tribunal” means the Competition Appeal Tribunal;”
“Tribunal rules” means rules under section 15 of the Enterprise Act 2002.””.
Commencement Information
I4Sch. 13 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
5(1)Section 62 (power to enter business premises under a warrant: Article 20 inspections) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.
(3)After subsection (8) insert—
“(8A)An application for a warrant under this section must be made—
(a)in the case of an application to the High Court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I5Sch. 13 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
6(1)Section 62A (power to enter non-business premises under a warrant: Article 21 inspections) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.
(3)After subsection (10) insert—
“(10A)An application for a warrant under this section must be made—
(a)in the case of an application to the High Court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I6Sch. 13 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
7(1)Section 63 (power to enter business premises under a warrant: Article 22(2) inspections) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.
(3)After subsection (8) insert—
“(8A)An application for a warrant under this section must be made—
(a)in the case of an application to the High Court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I7Sch. 13 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
8U.K.In section 65C (interpretation of Part 2A), in subsection (2), after the entry for “the Treaty” (but before the “and” following it) insert—
““the Tribunal;”
“Tribunal rules;””.
Commencement Information
I8Sch. 13 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
9(1)Section 65G (power to enter business premises under a warrant: Article 22(1) investigations) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4)After subsection (8) insert—
“(8A)An application for a warrant under this section must be made—
(a)in the case of an application to the court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I9Sch. 13 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
10(1)Section 65H (power to enter domestic premises under a warrant: Article 22(1) investigations) is amended as follows.U.K.
(2)In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3)In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4)After subsection (8) insert—
“(8A)An application for a warrant under this section must be made—
(a)in the case of an application to the court, in accordance with rules of court;
(b)in the case of an application to the Tribunal, in accordance with Tribunal rules.”
Commencement Information
I10Sch. 13 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)