SCHEDULES

SCHEDULE 5Procedure for appeals to the CMA

Written statements

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1

The CMA may by notice require a person to produce a written statement with respect to a matter specified in the notice to—

a

a person who is considering, or is to consider, an application for a direction under paragraph 4, or

b

a group with the function of determining an appeal.

2

The power to require the production of a written statement includes power—

a

to specify the time and place at which it is to be produced, and

b

to require it to be verified by a statement of truth;

and a statement required to be so verified must be disregarded unless it is so verified.

3

No person is to be compelled under this paragraph to produce a written statement with respect to any matter about which the person could not be compelled to give evidence in civil proceedings in the High Court or Court of Session.

4

A notice for the purposes of this paragraph may be issued on the CMA's behalf by an authorised member of the CMA.