46P. (1) This section applies, in relation to a relevant investigation, to each of the following persons:

(a) the inquiry subject;

(b) a relevant person;

(c) a member of staff or representative, or former member of staff or representative, of the inquiry subject or a relevant person,

and “relevant person” in this subsection means a person acting for purposes related to the person’s trade, business, craft or profession who may reasonably be aware of information relating to the suspected infringement to which the relevant investigation relates.

(2) Without prejudice to section 35(8), a person to whom this section applies may, subject to subsection (3), be liable to an administrative fine in accordance with this Part which fine shall not exceed the limits referred to in Article 99(5) if in the course of a relevant investigation he or she—

(a) in purported compliance with a request or requirement under section 36, gives to an authorised officer information that is incorrect, incomplete or misleading, or

(b) fails to rectify—

(i) any failure on his or her part to comply with a request or requirement of an authorised officer under subsection (1)(d), (f), (g) or (h) of that section, or

(ii) any information which he or she has given to an authorised officer in purported compliance with a request or requirement under that section and which is incorrect, incomplete or misleading.

(3) Where, in the course of a relevant investigation, a person other than the inquiry subject does an act or makes an omission referred to in any paragraph of subsection (2), that subsection does not authorise the imposition of an administrative fine on that person unless, before the act or omission occurred, the person was given in reasonable time by notice in writing by an authorised officer all relevant information relating to the exercise of the power, or to the request or requirement, referred to in that paragraph, including information about—

(a) the time within which the person was required to comply with the exercise of the power or with the request or the requirement,

(b) the maximum amount of the administrative fine that could be imposed on the person, and

(c) the effect of section 46G and the sections referred to therein, in relation to the imposition of an administrative fine.]