Sch 5 para 17A
(1) This paragraph applies to the exercise of a power of an enforcer to give a person a notice under paragraph 14. (2) The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom; (b) require the provision of information held outside the United Kingdom. (3) Sub-paragraph (4) applies where— (a) an enforcer proposes to give a notice to a person outside the United Kingdom by virtue of sub-paragraph (2)(a), and (b) the enforcer does not consider that the person is a potential enforcement subject. (4) Where this sub-paragraph applies, the power to give the notice is exercisable only if the person has a UK connection. (5) A person has a UK connection if the person— (a) is a United Kingdom national, (b) is an individual who is habitually resident in the United Kingdom, (c) is a firm established in the United Kingdom, or (d) 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. (6) 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— (a) to exercise, or consider whether to exercise, a function mentioned in paragraph 13(2), (3), (7)(a) or (9)(b) in relation to P; (b) to ascertain whether P has breached any legislation mentioned in paragraph 13(4); (c) to ascertain whether P has complied with, or is complying with, an injunction or interdict mentioned in paragraph 13(7)(b); (d) to determine whether to make an order of a kind mentioned in paragraph 13(9)(a) in respect of, or in relation to, P. (7) In sub-paragraph (5)(a) “ United Kingdom national ” means— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who is a British subject under the British Nationality Act 1981; (c) a British protection person within the meaning of that Act. (8) For the purposes of sub-paragraph(5)(c), a firm is “established in the United Kingdom” if— (a) it is incorporated or formed under the law of a part of the United Kingdom, or (b) it is administered under arrangements governed by the law of a part of the United Kingdom. (9) References in this paragraph to an enforcer include an officer of an enforcer.