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—

    1. 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

    2. 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.

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.