SCHEDULES
SCHEDULE 4 References with Respect to Networking Arrangements
Power to obtain information
8
1
The F5OFT may serve on any person a notice requiring him, at a time and a place specified in the notice—
a
to produce to the F5OFT such documents specified or described in the notice (being documents in the custody or under the control of that person), or
b
to furnish F6 the OFT, in a form specified in the notice, with such estimates, returns or other information specified or described in it,
as F6it may require for the purpose of making any report under this Schedule.
2
A person shall not by virtue of sub-paragraph (1) be compelled—
a
to produce any document which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session, or
b
in complying with any requirement for the furnishing of evidence, to give any information which he could not be compelled to give in evidence in such proceedings.
3
In section 85 of the M1Fair Trading Act 1973, as amended by the M2Companies Act 1989, subsections (6) to (8) (enforcement of notices requiring production of documents) shall apply in relation to a notice under sub-paragraph (1) above as they apply in relation to a notice under subsection (1) of that section, but as if, in subsection (7) of that section, there were substituted “the F5OFT” for the words from “any one” to “the Commission”.
4
In that Act, as so amended, section 93B (false or misleading information) shall apply in relation to the furnishing of information to the F5OFT or the F1Competition Commission in connection with his or their functions under this Schedule as it applies in relation to the furnishing of information as mentioned in subsection (1)(a) or (b) of that section.
8AF2Enforcement
1
The court may, on an application by the OFT, enquire into whether any person (“the defaulter”) has refused or otherwise failed, without reasonable excuse, to comply with a notice under paragraph 8(1).
2
An application under sub-paragraph (1) shall include details of the possible failure which the OFT considers has occurred.
3
In enquiring into a case under sub-paragraph (1), the court shall hear any witness who may be produced against or on behalf of the defaulter and any statement which may be offered in defence.
4
Sub-paragraphs (5) and (6) apply where the court is satisfied, after hearing any witnesses and statements as mentioned in sub-paragraph (3), that the defaulter has refused or otherwise failed, without reasonable excuse, to comply with the notice under paragraph 8(1).
5
The court may punish the defaulter as it would have been able to punish him had he been guilty of contempt of court.
6
Where the defaulter is a body corporate, the court may punish any director or officer of the defaulter as it would have been able to punish that director or officer had the director or officer been guilty of contempt of court.
F76A
Where the defaulter is a partnership constituted under the law of Scotland, the court may punish any partner of the defaulter as it would have been able to punish him had he been guilty of contempt of court.
7
In this section “the court”—
a
in relation to England and Wales or Northern Ireland, means the High Court, and
b
in relation to Scotland, means the Court of Session.
F38B
1
A person commits an offence if he intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under paragraph 8(1).
2
A person who commits an offence under sub-paragraph (1) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
8CF4False or misleading information
1
A person commits an offence if—
a
he supplies any information to the OFT or the Competition Commission in connection with any of their functions under this Schedule;
b
the information is false or misleading in a material respect; and
c
he knows that it is false or misleading in a material respect or is reckless as to whether it is false or misleading in a material respect.
2
A person commits an offence if he—
a
supplies any information to another person which he knows to be false or misleading in a material respect; or
b
recklessly supplies any information to another person which is false or misleading in a material respect;
knowing that the information is to be used for the purpose of supplying information to the OFT or the Competition Commission in connection with any of their functions under this Schedule.
3
A person who commits an offence under sub-paragraph (1) or (2) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
4
This paragraph shall not have effect in relation to the supplying of information to the Competition Commission in connection with its functions under any provision of the Enterprise Act 2002 as applied by virtue of paragraph 4A.