Page:Competition Act 2004.pdf/44

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44
NO. 46 OF 2004


(ii) if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; or
(c) an investigating officer or inspector has attempted to enter the premises in the exercise of his powers under section 64 but has been unable to do so and that there are reasonable grounds for suspecting that there are on the premises documents the production of which could have been required under that section.

(2) A warrant under this section shall authorise a named officer, and—

(a) in the case of an investigation conducted by the Commission, such other officers or persons as the Commission has authorised in writing to accompany the named officer; and
(b) in the case of an investigation conducted by an inspector, such other persons as the inspector may require,

to do all or any of the following:

(i) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
(ii) to search any person on those premises if there are reasonable grounds for believing that that person has in his possession any document, equipment or article which has a bearing on the investigation;
(iii) to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (the relevant kind);
(iv) to take possession of any document appearing to be of the relevant kind if—
(A) such action appears to be necessary for preserving the document or preventing interference with it; or
(B) it is not reasonably practicable to take copies of the document on the premises;
(v) to take any other step which appears to be necessary for the purpose mentioned in paragraph (iv)(A);