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Powers of Commission
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2. (1) The Commission may make such orders and determinations, and give such directions, as it considers necessary for the purpose of its functions, and it shall have, in relation to the making of such orders and determinations, and the giving of such directions, all such powers, rights and privileges as are vested in the High Court or a judge of the High Court in respect of the making of orders or determinations, or the giving of directions.
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(2) Notwithstanding section 21 of the Act of 2004, the Commission may, where it considers that the disclosure to the Commission of information—
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(a) that, but for this section, a person could not be compelled to disclose by virtue of the existence of a duty of confidentiality under any enactment or rule of law, or
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(b) to which Article 27 of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 1
applies,
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is necessary to enable the Commission to perform its functions, compel any person to disclose that information or produce any document containing that information to the Commission and, accordingly, the Commission may admit in evidence that information or any such document.
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(3) In this section “document” includes—
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(a) any book, record or other written or printed material in any form, including any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form, and
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(b) any disc, tape, soundtrack or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form.
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1OJ No. L 173, 12.06.2014, p.1 |
