Legislation – Enterprise and Regulatory Reform Act 2013
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SCHEDULE 13Extension of powers to issue warrants under the 1998 Act to CAT
1
The 1998 Act is amended as follows.
2
(1)
Section 28 (power to enter business premises under a warrant) is amended as follows.
(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)
“(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.”
3
(1)
Section 28A (power to enter domestic premises under a warrant) is amended as follows.
(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)
“(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.”
4
““the Tribunal” means the Competition Appeal Tribunal;”
“Tribunal rules” means rules under section 15 of the Enterprise Act 2002.””.
5
(1)
Section 62 (power to enter business premises under a warrant: Article 20 inspections) is amended as follows.
(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)
“(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.”
6
(1)
Section 62A (power to enter non-business premises under a warrant: Article 21 inspections) is amended as follows.
(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)
“(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.”
7
(1)
Section 63 (power to enter business premises under a warrant: Article 22(2) inspections) is amended as follows.
(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)
“(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.”
8
““the Tribunal;”
“Tribunal rules;””.
9
(1)
Section 65G (power to enter business premises under a warrant: Article 22(1) investigations) is amended as follows.
(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)
“(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.”
10
(1)
Section 65H (power to enter domestic premises under a warrant: Article 22(1) investigations) is amended as follows.
(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)
“(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.”