Competition Act · s 37

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37.
Power to enter premises without warrant
(1) In connection with an investigation under section 35, any authorised officer and such other person as the Commission has authorised to accompany the authorised officer (authorised person) may enter any premises.
(2) No authorised officer and no authorised person or person required by the authorised officer respectively, shall enter any premises in the exercise of the powers under this section unless the authorised officer has given the occupier of the premises a written notice which —
(a) gives at least 2 working days’ notice of the intended entry;
(b) indicates the subject matter and purpose of the investigation;
and
(c) indicates the nature of the offences created by Part 4.
(3) Subsection (2) does not apply —
(a) if the authorised officer has reasonable grounds for suspecting that the premises are, or have been, occupied by an undertaking which is being investigated in relation to —
(i) an agreement referred to in section 11;
(ii) conduct referred to in section 21; or
(iii) an anticipated merger, or a merger referred to in section 23; or
(b) if the authorised officer has taken all such steps as are reasonably practicable to give notice but has not been able to do so.

Competition
(4) Where subsection (3) applies, the power of entry conferred by subsection (1) shall be exercised —
(a) in the case of an any authorised person, upon production of —
(i) evidence of the authorisation of every authorised person accompanying him; and
(ii) a document containing the information referred to in subsection (2)(b) and (c); and
(b) in the case of an authorised officer and any person required by him, upon production of —
(i) evidence of his appointment; and
(ii) a document containing the information referred to in subsection (2)(b) and (c).
(5) An authorised person, an authorised officer or a person required by the authorised officer entering any premises under this section may —
(a) take with him such equipment as appears to him to be necessary;
(b) require any person on the premises —
(i) to produce any document which he considers relates to any matter relevant to the investigation; and
(ii) if the document is produced, to provide an explanation of it;
(c) require any person to state, to the best of his knowledge and belief, where any such document is to be found;
(d) take copies of, or extracts from, any document which is produced;
(e) require any information which is stored in any electronic form and is accessible from the premises and which he considers relates to any matter relevant to the investigation, to be produced in a form —

Competition 44
(i) in which it can be taken away; and
(ii) in which it is visible and legible; and
(f) take any step which appears to be necessary for the purpose of preserving or preventing interference with any document which he considers relates to any matter relevant to the investigation.

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s 37Power to enter premises without warrant

(1)

In connection with an investigation under section 35, any authorised officer and such other person as the Commission has authorised to accompany the authorised officer (authorised person) may enter any premises.

(2)

No authorised officer and no authorised person or person required by the authorised officer respectively, shall enter any premises in the exercise of the powers under this section unless the authorised officer has given the occupier of the premises a written notice which —

(a)

gives at least 2 working days’ notice of the intended entry;

(b)

indicates the subject matter and purpose of the investigation;

and

(c)

indicates the nature of the offences created by Part 4.

(3)

Subsection (2) does not apply —

(a)

if the authorised officer has reasonable grounds for suspecting that the premises are, or have been, occupied by an undertaking which is being investigated in relation to —

(i)

an agreement referred to in section 11;

(ii)

conduct referred to in section 21; or

(iii)

an anticipated merger, or a merger referred to in section 23; or

(b)

if the authorised officer has taken all such steps as are reasonably practicable to give notice but has not been able to do so.

Competition

(4)

Where subsection (3) applies, the power of entry conferred by subsection (1) shall be exercised —

(a)

in the case of an any authorised person, upon production of —

(i)

evidence of the authorisation of every authorised person accompanying him; and

(ii)

a document containing the information referred to in subsection (2)(b) and (c); and

(b)

in the case of an authorised officer and any person required by him, upon production of —

(i)

evidence of his appointment; and

(ii)

a document containing the information referred to in subsection (2)(b) and (c).

(5)

An authorised person, an authorised officer or a person required by the authorised officer entering any premises under this section may —

(a)

take with him such equipment as appears to him to be necessary;

(b)

require any person on the premises —

(i)

to produce any document which he considers relates to any matter relevant to the investigation; and

(ii)

if the document is produced, to provide an explanation of it;

(c)

require any person to state, to the best of his knowledge and belief, where any such document is to be found;

(d)

take copies of, or extracts from, any document which is produced;

(e)

require any information which is stored in any electronic form and is accessible from the premises and which he considers relates to any matter relevant to the investigation, to be produced in a form —

Competition 44

(i)

in which it can be taken away; and

(ii)

in which it is visible and legible; and

(f)

take any step which appears to be necessary for the purpose of preserving or preventing interference with any document which he considers relates to any matter relevant to the investigation.