Power to enter premises without warrant
64.—(1)  In connection with an investigation under section 62 —
(a)any officer of the Commission who is authorised by the Commission to do so (an investigating officer) and such other officers or persons as the Commission has authorised in writing to accompany the investigating officer (authorised person); and
(b)any inspector and such other person as the inspector may require,
may enter any premises.
[23/2007]
(2)  An investigating officer or inspector, and an authorised person or person required by the inspector respectively, must not enter any premises in the exercise of the powers under this section unless the investigating officer or the inspector (as the case may be) 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 sections 75 to 78.
[23/2007]
(3)  Subsection (2) does not apply —
(a)if the investigating officer or inspector 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 34;
(ii)conduct referred to in section 47; or
(iii)an anticipated merger, or a merger referred to in section 54; or
(b)if the investigating officer or inspector has taken all such steps as are reasonably practicable to give notice but has not been able to do so.
[23/2007]
(4)  Where subsection (3) applies, the power of entry conferred by subsection (1) must be exercised —
(a)in the case of an investigating officer and any authorised person, upon production of —
(i)evidence of the investigating officer’s authorisation and the authorisation of every authorised person accompanying him or her; and
(ii)a document containing the information referred to in subsection (2)(b) and (c); and
(b)in the case of an inspector and any person required by the inspector, upon production of —
(i)evidence of the inspector’s appointment; and
(ii)a document containing the information referred to in subsection (2)(b) and (c).
[23/2007]
(5)  An investigating officer, an authorised person, an inspector or a person required by the inspector entering any premises under this section may —
(a)take with him or her such equipment as appears to him or her to be necessary;
(b)require any person on the premises —
(i)to produce any document which the investigating officer, authorised person, inspector or person required by the inspector 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 the person’s knowledge and belief, where any document mentioned in paragraph (b)(i) 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 or she considers relates to any matter relevant to the investigation, to be produced in a form —
(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 or she considers relates to any matter relevant to the investigation.
[23/2007; 15/2018]
(6)  The power to require any person on the premises to produce any document under subsection (5)(b) includes the power to require that person to produce the document at such time and place, and in such form and manner, as may be required by the investigating officer, authorised person, inspector or person required by the inspector.
[15/2018]