Part 5: Miscellaneous Chapter 2: Provision of investigative assistance to overseas regulators Section 319: Provision of investigative assistance to overseas regulators
This section acts as the gateway into the provisions allowing relevant UK regulators to provide investigative assistance to overseas regulators who have functions corresponding to those of the UK regulators in relation to competition, consumer protection and digital markets. Subsection (1) sets out the three core requirements for a relevant regulator in the United Kingdom ("R") to assist an overseas regulator ("O") and introduces a table in subsection (2) which provides more detail regarding the scope of the assistance and the manner in which it may be provided. A "relevant regulator" is one listed in the second column of the table (see definitions in subsection (5) which also defines "overseas regulator").
	Subsection (1), paragraph (a) provides that, at O’s request, R may assist O in carrying out functions which correspond or are similar to functions of R under a relevant enactment listed in the first column of the table in subsection (2). For example, with regards to competition law, the CMA may use its investigative powers in Part 1 of the Competition Act 1998 (competition) and Part 3 of the Enterprise Act 2002 (mergers) to assist O with equivalent functions overseas. The ability to assist with functions which "correspond" or "are similar" to R’s functions is intended to provide some flexibility in assessing the degree to which O and R’s functions are comparable. This is in recognition of the fact that while the precise legal nature of statutory provisions may vary between the UK and other jurisdictions, the intended purpose of the provisions and the conduct at which they are directed may be similar. Investigative assistance should be possible where this is the case.
	Subsection (1), paragraphs (b) and (c) specify two further conditions for the provision of assistance: that R must consider that it would be appropriate to assist O (further details in relation to this requirement are set out in section 321) and that except where the request for assistance is made in accordance with a qualifying cooperation arrangement, assistance must be authorised by the Secretary of State (see section 322). "Qualifying cooperation arrangement" is defined in subsection (5) and, for the purposes of this chapter, refers to any government-to-government arrangement or agreement which provides for mutual assistance between the UK and the country or territory of the overseas regulator, in relation to competition or consumer protection matters (including matters relating to digital markets).
	The table in subsection (2) specifies which regulators may provide assistance and identifies the statutory powers which may be exercised and how they can be used. The CMA is the regulator who may provide assistance where O’s functions correspond or are similar to the CMA’s functions under specified domestic competition and digital markets legislation. Those enforcers who have investigatory powers for consumer protection purposes under Schedule 5 to the Consumer Rights Act 2015 may use those powers in connection with infringements of overseas laws or other requirements which correspond or are similar to domestic consumer protection laws or requirements (as listed in Schedule 15 to the Act).
	Column 3 in the table in subsection (2) specifies how assistance may be provided. For example, the CMA may exercise its powers under the Competition Act 1998 as if it were carrying out an investigation under section 25 of that Act, and its powers under section 109 of the Enterprise Act 2002 as if providing investigative assistance were a "permitted purpose" for the purposes of that section. This helps ensure that other relevant provisions and safeguards under those Acts which apply where the CMA is using its powers for a domestic competition or merger investigation will apply where those powers are exercised to assist an overseas regulator. This would include, for example, section 30A of Competition Act 1998 (use of statements in prosecutions) which provides protection against self-incrimination in criminal proceedings. In addition, civil sanctions (including those being amended and added through this Act) and offences for non-compliance with investigatory measures available to R via these enactments in domestic investigations will also be available when investigative assistance is provided (see also the note on subsection (4) below).
	Subsection (3) modifies the application of Parts 3 and 4 of Schedule 5 to the Consumer Rights Act 2015 to allow those Parts to operate effectively in the context of the provision of investigative assistance under this section. Under paragraph (a), paragraphs 13, 19 and 20 of that Schedule, which set out which categories of enforcer may exercise various powers in Parts 3 and 4, are to be disregarded in the context of overseas assistance. Under paragraph (b), a power which is described elsewhere in Parts 3 and 4 as being exercisable by an enforcer of a particular category can only be exercised by R for the purposes of providing assistance if R is an enforcer of that category. Paragraph (c) concerns Part 4 of Schedule 5 to the Consumer Rights Act 2015. In Part 4 of that Schedule, references to the "enforcer’s legislation" with regards to an enforcer of the "domestic enforcer" category of enforcer under that Schedule should be interpreted as references to the laws or other requirements in the country or territory of O.
	Subsection (4) ensures that where there are references in enactments other than Chapter 2 of Part 5 of the Act to the functions of a relevant regulator under an enactment specified in the table in subsection (2), the references include those functions when they are exercised to assist an overseas regulator. This means, for example, that section 117 in Part 3 of the Enterprise Act 2002, which makes it an offence to supply false or misleading information to the CMA in connection with its "functions under this Part", will apply to information supplied to the CMA in connection with its functions in gathering information for an overseas regulator.