SCHEDULES

F1SCHEDULE A1Appeals under section 19A

Annotations:
Amendments (Textual)

PART 5General

Enforcement of requirements in relation to evidence etc

21

1

This paragraph applies where a person—

a

fails to comply with a notice under paragraph 17, 18 or 19,

b

fails to comply with any other requirement imposed under paragraph 17, 18 or 19,

c

in complying with a notice under paragraph 19, makes a statement that is false or misleading in a material respect, or

d

in providing information verified by a statement of truth required by appeal rules under paragraph 23, provides information that is false or misleading in a material respect.

2

An authorised member of the CMA may certify to the appropriate court—

a

the failure,

b

the fact that the person has made a false or misleading statement in circumstances described in sub-paragraph (1)(c), or

c

the fact that the person has provided false or misleading information in circumstances described in sub-paragraph (1)(d).

3

The appropriate court may inquire into a certified failure or act and, if it does so, must hear—

a

any witness against the person;

b

any witness on behalf of the person;

c

any statement in the person's defence.

4

The appropriate court may punish the person as if the person had been guilty of contempt of court if it is satisfied that—

a

the certified failure or act took place, and

b

the person did not have a reasonable excuse for the failure or act.

5

Where the person is a body corporate, the appropriate court may punish any director or other officer of that body, either instead or as well as punishing the body.

6

In this paragraph—

  • “the appropriate court”—

    1. a

      in relation to England and Wales and Northern Ireland, means the High Court;

    2. b

      in relation to Scotland, means the Court of Session;

  • “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.