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Change 1
As published
26 Investigations: powers to require documents and information
(1) For the purposes of an investigation under section 25, the CMA may require any person to produce to it a specified document, or to provide it with specified information, which it considers relates to any matter relevant to the investigation.
(2) The power conferred by subsection (1) is to be exercised by a notice in writing.
(3) A notice under subsection (2) must ...—
(a) indicate the subject matter and purpose of the investigation; and
(b) include information about the possible consequences of failing to comply with the notice.
(4) In subsection (1) “specified” means—
(a) specified, or described, in the notice; or
(b) falling within a category which is specified, or described, in the notice.
(5) The CMA may also specify in the notice—
(a) the time and place at which any document is to be produced or any information is to be provided;
(b) the manner and form in which it is to be produced or provided.
(6) The power under this section to require a person to produce a document includes power—
(a) if the document is produced—
(i) to take copies of it or extracts from it;
(ii) to require him, or any person who is a present or past officer of his, or is or was at any time employed by him, to provide an explanation of the document;
(b) if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.
Your change, as a redline
26 Investigations: powers to require documents and information
(1) For the purposes of an investigation under section 25, the CMA may require any person to produce to it a specified document, or to provide it with specified information, which it considers relates to any matter relevant to the investigation.
(2) The power conferred by subsection (1) is to be exercised by a notice in writing.
(3) A notice under subsection (2) must ...—
(a) indicate the subject matter and purpose of the investigation; and
(b) include information about the possible consequences of failing to comply with the notice.
(4) In subsection (1) “specified” means—
(a) specified, or described, in the notice; or
(b) falling within a category which is specified, or described, in the notice.
(5) The CMA may also specify in the notice—
(a) the time and place at which any document is to be produced or any information is to be provided;
(b) the manner and form in which it is to be produced or provided.
(6) The power under this section to require a person to produce a document includes power—
(a) if the document is produced—
(i) to take copies of it or extracts from it;
(ii) to require him, or any person who is a present or past officer of his, or is or was at any time employed by him, to provide an explanation of the document;
(b) if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.
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