Page:Competition Act 2004.pdf/42

42 (5) In subsection (1), “specified” means—
 * (a) specified, or described, in the notice; or
 * (b) falling within a category which is specified, or described, in the notice.

Power to enter premises without warrant

64.—(1) Any officer of the Commission who is authorised by the Commission to do so (an investigating officer) and any inspector may enter any premises in connection with an investigation under section 62.

(2) No investigating officer or inspector shall enter any premises in the exercise of his powers under this section unless he 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.

(3) Subsection (2) shall 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) 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.

(4) Where subsection (3) applies, the power of entry conferred by subsection (1) shall be exercised—
 * (a) in the case of an investigating officer, upon production of—
 * (i) evidence of his authorisation; and
 * (ii) a document containing the information referred to in subsection (2)(b) and (c); and
 * (b) in the case of an inspector, upon production of—