Part 3: Enforcement of consumer protection law Chapter 6: Investigatory Powers Schedule 17: Investigatory powers Paragraph 3: extra-territorial application in relation to notices
Paragraph 3 inserts new paragraph 17A in Schedule 5 to the Consumer Rights Act which sets out the express extra-territorial reach of enforcers’ powers to request information by notice under paragraph 14 of Schedule 5, to which the new monetary penalty powers described above will apply.
	An information notice may be given to a person who is outside the UK (paragraph 17A, subparagraph (2), sub-point (a)). (This paragraph does not affect the enforcers’ ability to give information notices to persons in the UK).
	Paragraph 17A, subparagraph (2), sub-point (b) provides that the information notice may require the provision of information, which includes documents, held outside the UK. For instance, if the person to whom the information notice is addressed is inside the UK and can access required information held outside of the UK (e.g. in offshore cloud storage), they will be obliged to bring this information into the jurisdiction and produce it.
	The power to give a person a notice under paragraph 14 may be exercised in respect of two categories of recipients – potential enforcement subjects (defined in paragraph 17A, subparagraph (6)) and third parties. The latter category includes, for example, banks, payment systems service providers, domain name registrars, operators of servers or internet platforms or other intermediaries.
	An additional test needs to be met for an information notice to be given to a third party overseas, namely they must have a UK connection (paragraph 17A, subparagraphs (3) to (5)). Persons who are incorporated, serviced and operated outside the UK can meet the UK connection test if they direct their business activities to UK consumers (paragraph 17A, subparagraph (5), sub-point (d)). See the explanatory note for section 149 in relation to the "directing activities" test.
	For example, if the enforcer considered that details from a trader’s bank account were relevant to determining whether the trader had engaged in a relevant infringement, the enforcer could give an information notice to the trader’s bank seeking the relevant information as long as the bank directed its business activities to consumers in the UK.