Part IIInvestigations in relation to Articles 85 and 86
61Introduction
1
In this Part—
“Article 85” and “Article 86” have the same meaning as in Part I;
“authorised officer”, in relation to the Director, means an officer to whom an authorisation has been given under subsection (2);
“the Commission” means the European Commission;
“the Director” means the Director General of Fair Trading;
“Commission investigation” means an investigation ordered by a decision of the Commission under a prescribed provision of Community law relating to Article 85 or 86;
“Director’s investigation” means an investigation conducted by the Director at the request of the Commission under a prescribed provision of Community law relating to Article 85 or 86;
“Director’s special investigation” means a Director’s investigation conducted at the request of the Commission in connection with a Commission investigation;
“prescribed” means prescribed by order made by the Secretary of State;
“premises” means—
- a
in relation to a Commission investigation, any premises, land or means of transport which an official of the Commission has power to enter in the course of the investigation; and
- b
in relation to a Director’s investigation, any premises, land or means of transport which an official of the Commission would have power to enter if the investigation were being conducted by the Commission.
- a
2
For the purposes of a Director’s investigation, an officer of the Director to whom an authorisation has been given has the powers of an official authorised by the Commission in connection with a Commission investigation under the relevant provision.
3
“Authorisation” means an authorisation given in writing by the Director which—
a
identifies the officer;
b
specifies the subject matter and purpose of the investigation; and
c
draws attention to any penalties which a person may incur in connection with the investigation under the relevant provision of Community law.