Enterprise and Regulatory Reform Act 2013
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Change 1
SCHEDULE 13 Extension of powers to issue warrants under the 1998 Act to CAT
Section 41 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) After subsection (7) insert— (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) After subsection (8) insert— (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 In section 61 (interpretation of Part 2), after the definition of “the Treaty” insert— “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) After subsection (8) insert— (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) After subsection (10) insert— (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) After subsection (8) insert— (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 In section 65C (interpretation of Part 2A), in subsection (2), after the entry for “the Treaty” (but before the “and” following it) insert— “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) After subsection (8) insert— (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) After subsection (8) insert— (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.
SCHEDULE 13 Extension of powers to issue warrants under the 1998 Act to CAT
Section 41 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) After subsection (7) insert— (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) After subsection (8) insert— (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 In section 61 (interpretation of Part 2), after the definition of “the Treaty” insert— “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) After subsection (8) insert— (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) After subsection (10) insert— (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) After subsection (8) insert— (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 In section 65C (interpretation of Part 2A), in subsection (2), after the entry for “the Treaty” (but before the “and” following it) insert— “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) After subsection (8) insert— (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) After subsection (8) insert— (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.
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