Part 5: Miscellaneous Chapter 2: Provision of investigative assistance to overseas regulators Section 321: The appropriateness of providing investigative assistance
This section makes provision about how R is to consider whether it would be appropriate to assist O for the purposes of section 319, subsection (1), paragraph (b).
	Subsection (2) outlines three factors which R must have regard to in considering whether it would be appropriate to provide investigative assistance. Specifically:
whether R would be able to exercise its powers under the relevant enactment concerned in a corresponding or similar domestic case,
the existence of a regulator-to-regulator or government-to-government cooperation agreement covering competition or consumer protection matters, and
whether the matter in respect of which the request was made is considered to be sufficiently serious to warrant R providing investigative assistance.
	For example, subsection (2), paragraph (a) should mean that while O will be able to seek assistance from R to gather missing information for the purpose of an investigation being carried out by O, it will not generally be appropriate for R to provide assistance in relation to, for example, a procedural case where O is taking action or imposing sanctions for non-compliance with its investigation if R’s powers are not available for such purpose domestically.
	Subsection (3) provides that R may consider that it should not provide investigative assistance if O was unable or unwilling to contribute towards the financial cost of providing that assistance.
	Subsection (4) provides that where any of subsections (5), (6), (7) or (8) apply, R must consider that it would not be appropriate to assist O (and should therefore reject an incoming request for investigative assistance).
	Subsection (5) applies where:
R considers that O would not provide corresponding or substantially similar assistance in return. Reciprocity is an important factor in the provision of investigative assistance. However, even if R considers that reciprocal support would not be forthcoming, it may still consider providing assistance to O would be appropriate should there be an overriding UK public benefit in doing so.
Providing assistance would be contrary to the UK public interest.
	Subsection (6) applies where assistance is requested concerning a criminal investigation or criminal proceedings and the request is not made under or in accordance with a qualifying cooperation arrangement.
	Subsection (7) applies where R would be unable to share the information gathered with O through any of the disclosure gateways in Part 9 of the Enterprise Act 2002 (including as amended under Chapter 2 of Part 5 of this Act). This is to ensure that early consideration is given to whether information gathered could be disclosed to O taking into account the safeguards under the disclosure gateways in Part 9 of the Enterprise Act 2002.
	Subsection (8) applies where a request relates to a matter where R would not, should the case arise domestically, have the power to use its investigatory powers unless there were reasonable grounds for suspecting a breach of the law; and R does not have reasonable grounds to suspect a breach of the law of the country of O which corresponds or is similar to the equivalent UK law. Subsection (9) provides that a certificate from O stating there has, or may have been, a breach of the overseas law is to be regarded as conclusive.