SCHEDULE 11 Markets: Investigation Powers
Enterprise and Regulatory Reform Act 2013 (2013 c 24) | Legislation

SCHEDULE 11 Markets: Investigation Powers

Section 36(8)

Enforcement of investigation powers

1

After section 174 of the 2002 Act insert—

“174A Enforcement of powers under section 174: general

(1)     Where the CMA considers that a person has, without reasonable excuse, failed to comply with any requirement of a notice under section 174, it may impose a penalty in accordance with section 174D.

(2)     The CMA may proceed (whether at the same time or at different times) under subsection (1) and section 138A(3) in relation to the same failure.

(3)     Where the CMA considers that a person has intentionally obstructed or delayed another person in the exercise of its powers under section 174(7), it may impose a penalty in accordance with section 174D.

(4)     A person commits an offence if the person intentionally alters, suppresses or destroys any document which the person has been required to produce by a notice under section 174.

(5)     But a person does not commit an offence under subsection (4) in relation to any act which constitutes a failure to comply with a notice under section 174 if the CMA has proceeded against the person under subsection (1) in relation to that failure.

(6)

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