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| Privileged communications. |
31. - (1) A person shall not be required, under any provision of this Part, to produce or disclose a privileged communication.
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(2) "Privileged communication" means a communication-
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(a) between a professional legal adviser and his client, or |
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(b) made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings, |
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which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.
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(3) In the application of this section to Scotland-
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(a) references to the High Court are to be read as references to the Court of Session; and |
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(b) the reference to legal professional privilege is to be read as a reference to confidentiality of communications. |
| Decisions following an investigation. |
32. - (1) Subsection (2) applies if, as the result of an investigation conducted under section 26, the Director proposes to make-
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(a) a decision that the Chapter I prohibition has been infringed, or |
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(b) a decision that the Chapter II prohibition has been infringed. |
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(2) Before making the decision, the Director must-
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(a) give written notice to the person (or persons) likely to be affected by the proposed decision; and |
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(b) give that person (or those persons) an opportunity to make representations. |
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Enforcement |
| Directions in relation to agreements. |
33. - (1) If the Director has made a decision that an agreement infringes the Chapter I prohibition, he may give to such person or persons as he considers appropriate such directions as he considers appropriate to bring the infringement to an end.
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(2) Subsection (1) applies whether the Director's decision is made on his own initiative or on an application made to him under this Part.
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(3) A direction under this section may, in particular, include provision-
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(a) requiring the parties to the agreement to modify the agreement; or |
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(b) requiring them to terminate the agreement. |
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(4) A direction under this section must be given in writing.
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| Directions in relation to conduct. |
34. - (1) If the Director has made a decision that conduct infringes the Chapter II prohibition, he may give to such person or persons as he considers appropriate such directions as he considers appropriate to bring the infringement to an end.
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(2) Subsection (1) applies whether the Director's decision is made on his own initiative or on an application made to him under this Part.
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(3) A direction under this section may, in particular, include provision-
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(a) requiring the person concerned to modify the conduct in question; or |
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(b) requiring him to cease that conduct. |
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(4) A direction under this section must be given in writing.
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| Enforcement of directions. |
35. - (1) If a person fails, without reasonable excuse, to comply with a direction under section 33 or 34, the Director may apply to the court for an order-
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(a) requiring the defaulter to make good his default within a time specified in the order; or |
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(b) if the direction related to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it. |
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(2) An order of the court under subsection (1) may provide for all of the costs of, or incidental to, the application for the order to be borne by-
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(a) the person in default; or |
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(b) any officer of an undertaking who is responsible for the default. |
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(3) In the application of subsection (2) to Scotland, the reference to "costs" is to be read as a reference to "expenses".
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