SCHEDULES

C1SCHEDULE 12Procedure on references under section 120

Annotations:
Modifications etc. (not altering text)

Defaults in relation to evidence

I1I29

1

This paragraph applies if a person (“the defaulter”)—

a

fails to comply with a notice or other requirement under paragraph 6, 7 or 8,

b

in complying with a notice under paragraph 8, makes a statement that is false in a material particular, or

c

in providing information otherwise verified in accordance with a statement of truth required by rules under paragraph 11, provides information that is false in a material particular.

2

A member of the F1group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice or requirement relates may certify the failure, or the fact that a false statement has been made, to the High Court.

3

The High Court may inquire into a matter so certified.

4

If the High Court, having heard any witness on behalf of or against the defaulter and any statement in the defaulter's defence, is satisfied that the defaulter did, without reasonable excuse, the act referred to in sub-paragraph (1), it may punish the defaulter as if the defaulter had been guilty of contempt of court.