Legislation – Digital Markets, Competition and Consumers Act 2024

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Part 1Digital Markets

Chapter 6Investigatory powers etc and compliance reports

Investigatory powers etc

77Amendments to the Criminal Justice and Police Act 2001

(1)

The Criminal Justice and Police Act 2001 is amended as follows.

(2)

In section 50 (additional powers of seizure from premises), at the end insert—

“(7)

Without prejudice to any power conferred by this section to take a copy of any document, nothing in this section, so far as it has effect by reference to the power to take copies of, or extracts from, information under section 75(2)(h) of the Digital Markets, Competition and Consumers Act 2024, is to be taken to confer any power to seize any information.”

(3)

In section 57 (retention of seized items), in subsection (1), at the end insert—

“(v)

section 75(6) of the Digital Markets, Competition and Consumers Act 2024.”

(4)

In section 63 (powers of seizure: copies), in subsection (1), at the end insert—

“(d)

for the purposes of this Part, except sections 50 and 51, the powers in section 75(2)(d) and (f) of the Digital Markets, Competition and Consumers Act 2024 are to be treated as powers of seizure, and references to seizure and to seized property are to be construed accordingly.”

(5)

In section 64 (meaning of “appropriate judicial authority”), in subsection (3), in paragraph (a), at the end insert—

“(iv)

section 75(2) of the Digital Markets, Competition and Consumers Act 2024.”

(6)

In section 65 (meaning of “legal privilege”), after subsection (3A) insert—

“(3B)

In relation to property which has been seized in exercise, or purported exercise, of—

(a)

the power of seizure conferred by section 75(2) of the Digital Markets, Competition and Consumers Act 2024, or

(b)

so much of any power of seizure conferred by section 50 as is exercisable by reference to that power,

references in this Part to an item subject to legal privilege are to be read as references to a privileged communication within the meaning of section 81 (privileged communications) of that Act.”

(7)

In section 66 (general interpretation of Part 2), in subsection (5), after paragraph (i) insert—

“(j)

section 75(2)(j) of the Digital Markets, Competition and Consumers Act 2024;”

(8)

In Part 1 of Schedule 1 (powers of seizure to which section 50 of that Act applies), at the end insert—

“73W

Digital Markets, Competition and Consumers Act 2024

Each of the powers of seizure conferred by section 75(2)(i) and (j) of the Digital Markets, Competition and Consumers Act 2024 (seizure of information for the purposes of a breach investigation).”