Schedule 5, Part 3, paragraph 17A

This paragraph applies to the exercise of a power of an enforcer to give a person a notice under paragraph 14. The power is exercisable so as to— give the notice to a person who is outside the United Kingdom; require the provision of information held outside the United Kingdom. Sub-paragraph (4) applies where— an enforcer proposes to give a notice to a person outside the United Kingdom by virtue of sub-paragraph (2)(a), and the enforcer does not consider that the person is a potential enforcement subject. Where this sub-paragraph applies, the power to give the notice is exercisable only if the person has a UK connection. A person has a UK connection if the person— is a United Kingdom national, is an individual who is habitually resident in the United Kingdom, is a firm established in the United Kingdom, or carries on business in the United Kingdom or by any means directs activities in the course of carrying on a business to consumers in the United Kingdom. For the purposes of sub-paragraph (3)(b) a person (P) is a “potential enforcement subject”, in relation to a notice given by an enforcer to P by virtue of this paragraph, if the notice is given for the purposes of enabling the enforcer— to exercise, or consider whether to exercise, a function mentioned in paragraph 13(2), (3), (7)(a) or (9)(b) in relation to P; to ascertain whether P has breached any legislation mentioned in paragraph 13(4); to ascertain whether P has complied with, or is complying with, an injunction or interdict mentioned in paragraph 13(7)(b); to determine whether to make an order of a kind mentioned in paragraph 13(9)(a) in respect of, or in relation to, P. In sub-paragraph (5)(a) “United Kingdom national” means— a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; a person who is a British subject under the British Nationality Act 1981; a British protection person within the meaning of that Act. For the purposes of sub-paragraph(5)(c), a firm is “established in the United Kingdom” if— it is incorporated or formed under the law of a part of the United Kingdom, or it is administered under arrangements governed by the law of a part of the United Kingdom. References in this paragraph to an enforcer include an officer of an enforcer.

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Source: legislation.gov.uk · retrieved 2026-07-30