SCHEDULES

SCHEDULE 5Procedure for appeals to the CMA

Production of documents etc

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1

For the purposes of this Schedule, the CMA may by notice—

a

require a person to produce to the CMA the documents specified or otherwise identified in the notice;

b

require any person who carries on a business to supply to the CMA such estimates, forecasts, returns or other information as may be specified or described in the notice in relation to that business.

2

The power to require the production of a document, or the supply of any estimate, forecast, return or other information, is a power to require its production or, as the case may be, supply—

a

at the time and place specified in the notice, and

b

in a legible form.

3

No person is to be compelled under this paragraph to produce a document or supply an estimate, forecast, return or other information which the person could not be compelled to produce in civil proceedings in the High Court or Court of Session.

4

An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken of a document produced or an estimate, forecast, return or other information supplied to it under this paragraph.

5

A notice for the purposes of this paragraph—

a

may be issued on the CMA's behalf by an authorised member of the CMA;

b

must include information about the possible consequences of not complying with the notice (as set out in paragraph 13).