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Change 1
As published
44B Extra-territorial application of notices under sections 26 and 40ZD
(1) This section applies to the exercise of the CMA’s power to give a person a notice under section 26 or 40ZD.
(2) The power is exercisable so as to—
(a) give the notice to a person who is outside the United Kingdom (subject to subsections (3) and (4));
(b) require the production of a specified document, or the provision of specified information, held outside the United Kingdom.
(3) The CMA’s power to give a notice under section 26 to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if—
(a) the person’s activities are being investigated as part of an investigation under section 25, or
(b) the person has a UK connection.
(4) The CMA’s power to give a notice under section 40ZD to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if—
(a) the person is bound by transferred EU anti-trust commitments (within the meaning of section 40ZA), or
(b) the person is subject to a transferred EU anti-trust direction (within the meaning of that section).
(5) For the purposes of subsection (3)(b), a person has a UK connection if the person—
(a) is a United Kingdom national;
(b) is an individual who is habitually resident in the United Kingdom;
(c) is a body incorporated under the law of any part of the United Kingdom;
(d) carries on business in the United Kingdom.
(6) In subsection (5)(a) “United Kingdom national” means—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
(b) a person who is a British subject under the British Nationality Act 1981;
(c) a British protected person within the meaning of that Act.
(7) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 26 or 40ZD to a person outside the United Kingdom.
Your change, as a redline
44B Extra-territorial application of notices under sections 26 and 40ZD
(1) This section applies to the exercise of the CMA’s power to give a person a notice under section 26 or 40ZD.
(2) The power is exercisable so as to—
(a) give the notice to a person who is outside the United Kingdom (subject to subsections (3) and (4));
(b) require the production of a specified document, or the provision of specified information, held outside the United Kingdom.
(3) The CMA’s power to give a notice under section 26 to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if—
(a) the person’s activities are being investigated as part of an investigation under section 25, or
(b) the person has a UK connection.
(4) The CMA’s power to give a notice under section 40ZD to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if—
(a) the person is bound by transferred EU anti-trust commitments (within the meaning of section 40ZA), or
(b) the person is subject to a transferred EU anti-trust direction (within the meaning of that section).
(5) For the purposes of subsection (3)(b), a person has a UK connection if the person—
(a) is a United Kingdom national;
(b) is an individual who is habitually resident in the United Kingdom;
(c) is a body incorporated under the law of any part of the United Kingdom;
(d) carries on business in the United Kingdom.
(6) In subsection (5)(a) “United Kingdom national” means—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
(b) a person who is a British subject under the British Nationality Act 1981;
(c) a British protected person within the meaning of that Act.
(7) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 26 or 40ZD to a person outside the United Kingdom.
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