§ 5. If at any time the Director considers that the exercise or proposed exercise of a function to which this Schedule applies may not meet the competition test, he may conduct an investigation.
§ 6.—(1) For the purposes of an investigation under paragraph 5 the Director may require any person—
- (a) to produce to him or to a person appointed by him, at a specified time and place, any specified document, or
- (b) to provide him or such a person, at such a time and place, any specified information,
§ (2) The power conferred by sub-paragraph (1) is to be exercised by a notice in writing indicating the subject matter and purpose of the investigation; and in this paragraph "specified" means—
- (a) specified, or described, in the notice, or
- (b) falling within a category which is specified, or described, in the notice.
§ (3) Information required to be provided sub-paragraph (1) shall be provided in the specified manner and form.
§ (4) The power conferred by sub-paragraph (1) to require a person to produce a document includes power—
- (a) to require him to provide an explanation of the document, or
- (b) if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.
§ (5) In this paragraph "information" includes estimates and forecasts.
§ 7.—(1) If a person refuses or fails to comply with a notice under paragraph 6, the Director may certify that fact in writing to the High Court which may enquire into the case.
§ (2) If after hearing—
- (a) any witness who may be produced against or on behalf of the person, and
- (b) any statement which may be offered in defence,
§ 8.—(1) A person shall not be required under paragraph 6 to produce or disclose a privileged communication.
§ (2) In sub-paragraph (1) "privileged communication" means a communication—
- (a) between a professional legal adviser and his client, or
- (b) made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,
§ 9.—(1) No information which—
- (a) has been obtained under paragraph 6, and
- (b) relates to the affairs of any individual or to any particular business,
§ (2) The condition is that consent to the disclosure has been obtained from—
- (a) the person from whom the information was obtained under paragraph 6, and
- (b) if different, the individual to whose affairs the information relates or the person for the time being carrying on the business to which the information relates.
§ (3) Sub-paragraph (1) does not apply to a disclosure of information—
- (a) made for the purpose of facilitating the performance of any function of the Director, a traffic commissioner or the Rail Regulator,
- (b) made for the purpose of facilitating the performance of any function of the European Commission in respect of Community law about competition,
- (c) made for the purpose of criminal proceedings in any part of the United Kingdom or in connection with the investigation of a criminal offence triable in any part of the United Kingdom, or
- (d) made in compliance with the order of a court or tribunal.
§ (4) If information is disclosed to the public in circumstances in which the disclosure does not contravene sub-paragraph (1), that sub-paragraph does not prevent its further disclosure by any person.
§ (5) A person who contravenes this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
§ 10. Before the Director, as the result of an investigation under paragraph 5, makes a decision that the exercise or proposed exercise of a function does not meet the competition test, he must—
- (a) give written notice to the person or persons likely to be affected by the proposed decision, and
- (b) give that person or those persons an opportunity to make representations.