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Statutory Instruments

2004 No. 3202

WATER INDUSTRY, ENGLAND AND WALES

The Water Mergers (Modification of Enactments) Regulations 2004cross-notes

Made

2nd December 2004

Laid before Parliament

7th December 2004

Coming into force

29th December 2004

The Secretary of State, in exercise of her powers under paragraphs 1 and 2 of Schedule 4ZA to, and section 213(2)(f) of, the Water Industry Act 1991(1), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Water Mergers (Modification of Enactments) Regulations 2004 and shall come into force on 29th December 2004.

(2) In these Regulations—

“the 1991 Act” means the Water Industry Act 1991 ; and

“the 2002 Act” means the Enterprise Act 2002 ( 2 ).

Modification of Part 3 of the 2002 Act

2. In its application in relation to water mergers and merger references under section 32 of the 1991 Act, Part 3 of the 2002 Act has effect with the modifications prescribed in these Regulations.

Omitted provisions

3.—(1) Part 3 of the 2002 Act has effect as if the following provisions were omitted—

(a)section 28 (turnover test);

[F1 (aa)sections 34ZD to 34ZF (fast track reference requests);F1]

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)Chapter 2, section 85 and Schedule 7 (public interest cases);

(d)sections 59 [F4to 66F4] (other special cases);

[F5 (da)sections 68A to 68F and Schedule 5A (mergers of energy network enterprises in Great Britain);F5]

[F6 (e) section 73 (undertakings in lieu of references under section 22 or 33);F6]

(f)F7sections 96 to 102 (merger notices); ... [F8andF8]

F9(fa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)section 123 (power to alter share of supply test).

(2) Accordingly, any reference in Part 3 of the 2002 Act to those provisions (and any provisions of that Part so far as applying to them) shall be disregarded.

Sections 22 to 24: References in relation to completed mergers

4. Part 3 of the 2002 Act has effect as if, for sections 22 to 24, there were substituted—

“References in relation to completed water mergers

22—(1) A reference under section 32(b) of the 1991 Act shall specify—

(a)the enactment under which it is made; and

(b)the date on which it is made.

(2) In this Part “the decision-making authority” means the [F10CMAF10] .

[F11(3) No reference shall be made under section 32(b) of the 1991 Act if the period within which the CMA is required by section 34ZA of the 2002 Act to decide whether the duty to make a reference applies has expired without such a decision having been made.F11]

Water mergers

23—(1) For the purposes of this Chapter and Chapter 3 of Part 2 of the 1991 Act, the question whether a water merger has taken place shall be determined as at—

(a)in the case of a reference which is treated as having been made under section 32(b) of the 1991 Act by virtue of section 37(2), such time as the [F12CMAF12] may determine; and

(b)in any other case, immediately before the time when the reference has been, or is to be, made.

(2) In this Part—

(a)“water merger” means a merger of any two or more water enterprises;

(b)“water enterprise” means an enterprise carried on by a water undertaker or sewerage undertaker; and

(c)a reference to a merger of any two or more water enterprises is a reference to those enterprises ceasing to be distinct enterprises.

Time-limits for enforcement action

24—(1) No enforcement action shall be taken on a merger reference under section 32(b) of the 1991 Act in respect of an actual merger unless the reference was made within the period of four months beginning with whichever is the later of—

(a)the day on which the merger took place; and

(b)the day on which the material facts about the transactions which resulted in the merger first came to the attention of the [F13CMAF13] or were made public.

(2) In this section “made public” means so publicised as to be generally known or readily ascertainable.”.

Section 25: Extension of time-limits

5. Section 25 (extension of time-limits) has effect as if—

(a) [F14 in subsections (1), (2), (4), (9) and (10) F14] , for “section 24(1)(a) or (2)(b)” there were substituted “section 24(1)”;

[F15 (aa) in subsection (4), for “section 73” there were substituted “section 33D of the 1991 Act ”; F15][F16 and F16]

F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 30: Relevant customer benefits

6. Part 3 of the 2002 Act has effect as if, for section 30 (relevant customer benefits), there were substituted—

“Relevant customer benefits in relation to water mergers

30—(1) For the purposes of this Part a benefit is a relevant customer benefit if—

(a)it is a benefit to relevant customers in the form of—

(i)lower prices, higher quality or greater choice of goods or services in any market in the United Kingdom (whether or not the market or markets in relation to which the prejudice to the Authority has, or may have, occurred or (as the case may be) may occur); or

(ii)greater innovation in relation to such goods or services; and

(b)the [F19CMAF19] believes—

(i)in the case of a merger reference under section 32(a) of the 1991 Act, as mentioned in subsection (2); and

(ii)in the case of a merger reference under section 32(b) of the 1991 Act, as mentioned in subsection (3).

(2) The belief, in the case of a merger reference under section 32(a) of the 1991 Act, is that—

(a)the benefit may be expected to accrue within a reasonable period as a result of the merger concerned; and

(b)the benefit is unlikely to accrue without the merger concerned or a similar prejudice to the Authority.

(3) The belief, in the case of a merger reference under section 32(b) of the 1991 Act, is that—

(a)the benefit has accrued as a result of the merger concerned or may be expected to accrue within a reasonable period as a result of the merger concerned; and

(b)the benefit was, or is, unlikely to accrue without the merger concerned or a similar prejudice to the Authority.

(4) In subsection (1) “relevant customers” means—

(a)customers of any person carrying on an enterprise which, in the merger concerned, has ceased to be, or (as the case may be) will cease to be, a distinct enterprise;

(b)customers of such customers; and

(c)any other customers in a chain of customers beginning with the customers mentioned in paragraph (a);

and in this subsection “customers” includes future customers.

(5) For the purposes of subsection (1) “market in the United Kingdom” includes—

(a)so far as it operates in the United Kingdom or a part of the United Kingdom, any market which operates there and in another country or territory or in a part of another country or territory; and

(b)any market which operates only in a part of the United Kingdom;

and references to a market for goods or services include references to a market for goods and services.”.

Section 31: Information powers in relation to completed mergers

F207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 32: Supplementary provision for purposes of [F21section 25F21]

F228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 33: Duty to make references in relation to anticipated mergers

9.[F23—(1)F23] Part 3 of the 2002 Act has effect as if, for section 33 (duty to make references in relation to anticipated mergers), there were substituted—

“References in relation to anticipated water mergers

33 A reference under section 32(a) of the 1991 Act shall specify—

(a)the enactment under which it is made; and

(b)the date on which it is made.”

[F24 (2) No reference shall be made under section 32(a) of the 1991 Act if the period within which the CMA is required by section 34ZA of the 2002 Act to decide whether the duty to make a reference applies has expired without such a decision having been made.F24]

Section 34: Supplementary provision in relation to anticipated mergers

10. —(1) Section 34 (supplementary provision in relation to anticipated mergers) has effect as if, in subsection (1)(a), for the words from “this Part” to “contemplation” there were substituted “section 32(a) of the 1991 Act”.

(2) The Enterprise Act 2002 (Anticipated Mergers) Order 2003(3) shall have effect, for the purposes of references under section 32(a) of the 1991 Act, as if it had been made under section 34 of the 2002 Act as modified by paragraph (1) and as if—

(a) in article 2, for the definition of “reference” there were substituted—

““reference” means a reference under section 32(a) of the Water Industry Act 1991;”;and

(b) in article 4, for “36(2)(a) and (b)” there were substituted “36(4)(a) and (b)”.

[F25Section 34ZA: Time-limits for decisions about references

10ZA. Section 34ZA (time-limits for decisions about references) has effect as if—

(a)in subsection (1)—

(i) in the words before paragraph (a), for “section [F26 22(1) or 33(1) F26] ” there were substituted “section 32(a) or (b) of the 1991 Act”; and

(ii)in paragraph (a), for “(taking account of the power under section 22(2) or (as the case may be) 33(2) and the operation of section 22(3) or (as the case may be) 33(3))” there were substituted “(taking account of the operation of sections 33(1) and 33A(4) of the 1991 Act and the power under section 33A(1) or (as the case may be) (2) of the 1991 Act)”;

[F27 (aa)subsection (1A) were omitted;F27]

(b)in subsection (2)—

(i) in the words before paragraph (a), for “section [F28 22(1) or 33(1) F28] ” there were substituted “section 32(a) or (b) of the 1991 Act”; and

(ii) in paragraph (a), for “section 73” there were substituted “section 33D of the 1991 Act”;

(c) in subsection (3), in the definition of “the initial period”—

(i)paragraph (a) were omitted; and

(ii) in paragraph (b), “in any other case,” were omitted and the remaining text ceased to be paragraph (b); and

(d)[F29 subsection 4F29] were omitted.F25]

Section 34ZB: Extension of time-limits

F3010ZB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 34ZC: Sections 34ZA and 34ZB: supplementary

F3110ZC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32Section 34C: functions to be exercised by CMA groups

10A. Section 34C (functions to be exercised by CMA groups) has effect as if, in subsection (1)—

(a) in the words before paragraph (a), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act ”,

(b) in paragraph (a), for “sections 35(6) and (7), 36(5) and (6) and” there were substituted “section”, and

(c) in paragraph (b), for “section 22, section 23(9)(a)” there were substituted “section 32(b) of the 1991 Act , section 23(1)(a) F32]

Sections 35 to 36: Questions to be decided in relation to mergers

11. Part 3 of the 2002 Act has effect as if, for sections 35 and 36, there were substituted—

“Questions to be decided in relation to completed water mergers

35—(1) Subject to section 127(3), the first questions to be decided by the [F33CMAF33] on a merger reference under section 32(b) of the 1991 Act shall be—

(a)whether a water merger has taken place; and

(b)if so, whether that merger has prejudiced, or may be expected to prejudice, the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises.

(2) Any decision of the [F33CMAF33] on a merger reference under section 32(b) of the 1991 Act that a water merger has taken place shall be treated as a decision that no water merger has taken place if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F34under Schedule 4 to the Enterprise and Regulatory Reform Act 2013F34] .

(3) Any decision of the [F33CMAF33] on a merger reference under section 32(b) of the 1991 Act that a water merger has prejudiced, or may be expected to prejudice, the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger has not prejudiced, or may be expected not to prejudice, that ability of the Authority if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F34under Schedule 4 to the Enterprise and Regulatory Reform Act 2013F34] .

(4) For the purposes of this Part there is a prejudicial outcome if—

(a)a water merger has taken place and that merger has prejudiced, or may be expected to prejudice, the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises; or

(b)arrangements are in progress which, if carried into effect, will result in a water merger and that merger may be expected to prejudice the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises.

(5) The [F33CMAF33] shall, if it has decided on a reference under section 32(b) of the 1991 Act that there is a prejudicial outcome (within the meaning given by subsection (4)(a)), decide the following additional questions—

(a)whether action should be taken by it under section 41(2) for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which has resulted from, or may be expected to result from, the prejudice to the Authority;

(b)whether it should recommend the taking of action by others for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which has resulted from, or may be expected to result from, the prejudice to the Authority; and

(c)in either case, if action should be taken, what action should be taken and what is to be remedied, mitigated or prevented.

(6) In deciding the questions mentioned in subsection (5) the [F33CMAF33] shall, in particular, have regard to the need to achieve as comprehensive a solution as is reasonable and practicable to the prejudice to the Authority and any adverse effects resulting from it.

(7) In deciding, on a merger reference under section 32(b) of the 1991 Act, whether to take action for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which has resulted from, or may be expected to result from, the prejudice to the Authority and, if so, what action should be taken, the [F33CMAF33] may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that—

(a)a consideration of those benefits would not prevent a solution to the prejudice concerned; or

(b)the benefits which have accrued, or may be expected to accrue, are substantially more important than the prejudice concerned.

Questions to be decided in relation to anticipated water mergers

36—(1) Subject to section 127(3), the first questions to be decided by the [F35CMAF35] on a merger reference under section 32(a) of the 1991 Act shall be—

(a)whether arrangements are in progress which, if carried into effect, will result in a water merger; and

(b)if so, whether that merger may be expected to prejudice the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises.

(2) Any decision of the [F35CMAF35] on a merger reference under section 32(a) of the 1991 Act that arrangements are in progress which, if carried into effect, will result in a water merger shall be treated as a decision that no arrangements are in progress which, if carried into effect, will result in a water merger if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F36under Schedule 4 to the Enterprise and Regulatory Reform Act 2013F36] .

(3) Any decision of the [F35CMAF35] on a merger reference under section 32(a) of the 1991 Act that a water merger may be expected to prejudice the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger may be expected not to prejudice that ability of the Authority if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F36under Schedule 4 to the Enterprise and Regulatory Reform Act 2013F36] .

(4) The [F35CMAF35] shall, if it has decided on a reference under section 32(a) of the 1991 Act that there is a prejudicial outcome within the meaning given by section 35(4)(b), decide the following additional questions—

(a)whether action should be taken by it under section 41(2) for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which may be expected to result from the prejudice to the Authority;

(b)whether it should recommend the taking of action by others for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which may be expected to result from the prejudice to the Authority; and

(c)in either case, if action should be taken, what action should be taken and what is to be remedied, mitigated or prevented.

(5) In deciding the questions mentioned in subsection (4) the [F35CMAF35] shall, in particular, have regard to the need to achieve as comprehensive a solution as is reasonable and practicable to the prejudice to the Authority and any adverse effects resulting from it.

(6) In deciding, on a merger reference under section 32(a) of the 1991 Act, whether to take action for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which may be expected to result from the prejudice to the Authority and, if so, what action should be taken, the [F35CMAF35] may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that—

(a)a consideration of those benefits would not prevent a solution to the prejudice concerned; or

(b)the benefits which may be expected to accrue are substantially more important than the prejudice concerned.”.

Section 37: Cancellation and variation of references

12. Section 37 (cancellation and variation of references) has effect as if—

(a) in subsection (1), for “section 33” there were substituted “section 32(a) of the 1991 Act”; and

(b)for subsections (2) and (3) there were substituted—

“(2) The [F37CMAF37] may, if it considers that doing so is justified by the facts (including events occurring on or after the making of the reference concerned), treat a reference made under paragraph (a) or paragraph (b) of section 32 of the 1991 Act as if it had been made under paragraph (b) or (as the case may be) paragraph (a) of that section; and, in such cases, references in this Part to references under those paragraphs shall, so far as may be necessary, be construed accordingly.

(3) Where, by virtue of subsection (2), the [F37CMAF37] treats a reference made under paragraph (a) or paragraph (b) of section 32 of the 1991 Act as if it had been made under paragraph (b) or (as the case may be) paragraph (a) of that section, sections 77 to 81 shall, in particular, apply as if the reference had been made under paragraph (b) or (as the case may be) paragraph (a) of section 32 of that Act instead of under paragraph (a) or paragraph (b) of that section.”;

(c) in subsection (4), for “section 22 or 33 as if it had been made under section 33 or (as the case may be) 22” there were substituted “paragraph (a) or paragraph (b) of section 32 of the 1991 Act as if it had been made under paragraph (b) or (as the case may be) paragraph (a) of that section”;

(d)in subsection (5)(a)—

(i) for “section 22” there were substituted “section 32(a) of the 1991 Act”; and

(ii) for “section 33” there were substituted “ section 32(b) of that Act ”;

(e)in subsection (5)(b)—

(i) for “section 33” there were substituted “section 32(b) of the 1991 Act”; and

(ii) for “section 22” there were substituted “ section 32(a) of that Act ”; and

(f) in subsection (6), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”.

Section 38: Investigations and reports on references

13. Section 38 (investigations and reports on references) has effect as if—

(a) in subsection (1), for “section 22 or 33” there were substituted “section 32 of the 1991 Act”; and

(b)in subsection (2)—

(i) in paragraph (b), the word “and” were omitted; and

(ii)after paragraph (c), there were inserted—

“; and

(d)if the merger reference is under section 32(b) of the 1991 Act and the [F38CMAF38] is satisfied that the reference was not made within the period of four months mentioned in section 24, a statement of that fact.”.

[F39Section 39: Time-limits for investigations and reports

13A. Section 39 (time-limits for investigations and reports) has effect [F40 as if—

(a) in subsection (3), for “section 22(1) or 33(1)” there were substituted “section 32(a) or (b) of the 1991 Act” ;

(b)subsection (3A) were omitted;

(c) in subsection (7), “, (3A)” were omitted; and

(d) in subsection (8A), for “section 33” there were substituted “section 32(a) of the 1991 Act” . F40,F39]]

Section 40: Section 39: supplementary

14. Section 40 (section 39: supplementary) has effect [F41as if—

(a) in subsection (4), “or (3A)” were omitted;

(b) in subsection (5), “, (3A)” were omitted; and

(c) in subsection (10), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act” . F41]

Section 41: Duty to remedy effects of completed or anticipated mergers

15. Section 41 (duty to remedy effects of completed or anticipated mergers) has effect as if—

(a) in subsection (1), for “an anti-competitive” there were substituted “a prejudicial”;

(b) in paragraphs (a) and (b) of subsection (2), and in subsection (4), for “substantial lessening of competition” there were substituted “prejudice to the Authority ”;

(c)in subsection (3)—

(i) for “35(3)” there were substituted “35(5)”; and

(ii) for “36(2)” there were substituted “36(4)”; and

(d)for subsection (5) there were substituted—

“(5) In making a decision under subsection (2), the [F42CMAF42] may, in particular, have regard to the effect of any action on any relevant customer benefits in relation to the merger concerned in accordance with section 35(7) or (as the case may be) section 36(6)”.

Section 71: Initial undertakings: completed mergers

F4316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 72: Initial enforcement orders: [F44completed or anticipated mergersF44]

17. Section 72 (initial enforcement orders: [F45completed or anticipated mergersF45] ) has effect as if—

[F46 (a)in subsection (1)—

[F47 (i) in paragraph (a), for “section [F48 22, 33, 68B or 68C F48] ” there were substituted “section 32(a) or (b) of the 1991 Act ”; and F47]

(ii) in paragraph (b), after “two or more” (in both places where it occurs), there were inserted “water”; F46]

F49(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in subsection (6)—

[F50 (i) F53[F51 in the words before paragraph (a) F51] , for “section [F52 22, 33, 68B or 68C F52] ” there were substituted “section 32(a) or (b) of the 1991 Act ”; F50] ...

[F54 (ia) in paragraph (b), for “section 73” there were substituted “section 33D of the 1991 Act ”; and F54]

[F55 (ii) in paragraph (d), for “section [F56 22, 33, 68B or 68C F56] ” there were substituted “section 32(a) or (b) of the 1991 Act ” F55] .

[F57Section 73A: Time-limits for consideration of undertakings

17A. Section 73A (time-limits for consideration of undertakings) has effect as if—

(a)in subsection (1)—

(i) in the words before paragraph (a), for “section 73(2) [F58 or (3B) F58] ” there were substituted “section 33D(1) of the 1991 Act ”; and

F59(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F60 (b)in subsection (2)—

(i) for “the purposes of section 73(2) or (3B)” there were substituted “those purposes” ; and

(ii) in paragraph (a) for “section 73(2) [F61 or (3B) F61] ” there were substituted “section 33D(1) of the 1991 Act” . F60]

Section 74: Effect of undertakings under section 73

17B. Section 74 (effect of undertakings under section 73) has effect as if—

(a) in the heading, for “section 73” there were substituted “section 33D of the 1991 Act ”;

(b)in subsection (1)—

(i) in the words before paragraph (a), for “relevant authority shall not make a reference under section 22, 33 [F62 or 45 F62] ” there were substituted “CMA shall not make a reference under section 32(a) or (b) of the 1991 Act ”; and

(ii) in paragraph (a), for “section [F63 73(2) F63] ” there were substituted “section 33D of the 1991 Act ”; F64 ...

[F65 (ba)subsection (1A) were omitted;

(bb) in subsection (2), for “Subsections (1) and (1A) do not” there were substituted “Subsection (1) does not” ; and F65]

(c)subsection (5) were omitted.

Section 75: Order making power where undertakings under section 73 not fulfilled etc

17C. Section 75 (order making power where undertakings under section 73 not fulfilled etc) has effect as if—

(a) in the heading, for “section 73” there were substituted “section 33D of the 1991 Act ”;

(b) in subsection (1)(a), for “section [F66 73(2) or (3B) F66] ” there were substituted “section 33D of the 1991 Act ”;

(c) in subsection (2), for “section 73(2) [F67 or (3B) (as the case may be) F67] ” there were substituted “section 33D(2) of the 1991 Act ”; and

[F68 (d)for subsections (3A) and (3B) there were substituted—

“(3A) Subsections (4) and (5) of section 33D of the 1991 Act apply for the purposes of subsection (2) above as they apply for the purposes of subsection (1) of that section.”.F68,F57]]

Section 77: Restrictions on certain dealings: completed mergers

18. Section 77 (restrictions on certain dealings: completed mergers) has effect as if—

(a) in paragraph (a) of subsection (1), for “section 22 [F69 or 68B F69] ” there were substituted “section 32(b) of the 1991 Act”; and

(b)in paragraph (b) of subsection (1)—

(i) for “relevant merger situation” there were substituted “water merger”; and

(ii) for “that situation” there were substituted “that merger”.

Section 78: Restrictions on certain share dealings: anticipated mergers

19. Section 78 (restrictions on certain share dealings: anticipated mergers) has effect as if—

(a) in paragraph (a) of subsection (1), for “section 33 [F70 or 68C F70] ” there were substituted “section 32(a) of the 1991 Act ”; and

(b)in paragraph (b) of subsection (1)—

(i) for “relevant merger situation” there were substituted “proposed water merger”; and

(ii) for “that situation” there were substituted “that merger”.

Section 79: Sections 77 and 78: further interpretation provisions

20. Section 79 (sections 77 and 78: further interpretation provisions) has effect as if—

(a) F72 in subsections (1) and (2), for “section 22 [F71 , 33, 68B or 68C F71] ” there were substituted “section 32(a) or (b) of the 1991 Act”; ...

[F73 (b)for paragraphs (c), (d) and (e) of subsection (1), there were substituted—

“(c)the report of the CMA under section 38 contains the decision that there is not a prejudicial outcome;

(d)the report of the CMA under section 38 contains the decision that there is a prejudicial outcome and the CMA has decided under section 41(2) neither to accept an undertaking under section 82 nor to make an order under section 84; or

(e)the report of the CMA under section 38 contains the decision that there is a prejudicial outcome and the CMA has decided under section 41(2) to accept an undertaking under section 82 or to make an order under section 84.”; andF73]

[F74 (c)subsection (5A) were omitted.F74]

Section 80: Interim undertakings

21. Section 80 (interim undertakings) has effect as if, in subsections (1), (7) and (8), for “section 22 [F75 , 33, 68B or 68C F75] ” there were substituted “section 32(a) or (b) of the 1991 Act”.

Section 81: Interim orders

22. Section 81 (interim orders) has effect as if, in subsections (1), (7) and (8), for “section 22 [F76 , 33, 68B or 68C F76] ” there were substituted “section 32(a) or (b) of the 1991 Act”.

Section 82: Final undertakings

23. Section 82 (final undertakings) has effect as if, in subsections (3) and (4), for “section 22 [F77 , 33, 68B or 68C F77] ” there were substituted “section 32(a) or (b) of the 1991 Act”.

Section 84: Final orders

24. Section 84 (final orders) has effect as if, in subsection (5), for “section 22 [F78 , 33, 68B or 68C F78] ” there were substituted “section 32(a) or (b) of the 1991 Act”.

[F79Section 89: Subject-matter of undertakings

24A. Section 89 (subject-matter of undertakings) has effect as if for subsection (2) there were substituted—

“(2) In this Part “enforcement undertaking” means an undertaking under section 33D of the 1991 Act or an undertaking under section 80 or 82.”.F79]

Section 103: Duty of expedition in relation to references

F8025. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 103: Duty of expedition in relation to references

F8125A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 104: Certain duties of relevant authorities to consult

26. Section 104 (certain duties of relevant authorities to consult) has effect as if, in subsection (6), in the definition of “relevant decision”—

[F82 (a) in sub-paragraph (i) of paragraph (a), for “section [F83 22(1), 33(1) F83] [F84 , 68B or 68C F84] or accept undertakings under section 73” there were substituted “section 32(a) or (b) of the 1991 Act or accept undertakings under section 33D of that Act ”; F85 ... F82]

[F86 (aa) in sub-paragraph (ii) of paragraph (a), for “section 22, 33, 68B or 68C” there were substituted “section 32(a) or (b) of the 1991 Act” ; and F86]

(b) [F87 in sub-paragraph (iii) of paragraph (a) F87] , for “(3), 36(1) or (2)” there were substituted “(5), 36(1) or (4 )”.

Section 105: General information duties of OFT and Commission

27. Section 105 (general information duties of OFT and Commission) has effect as if, in subsection (1)—

[F88 (a) for “section 22 [F89 , 33, 68B or 68C F89] ” there were substituted “section 32(a) or (b) of the 1991 Act ”; and F88]

(b) for “creation of the relevant merger situation” there were substituted “water merger”.

[F90Section 106: Advice and information about references under [F91section 22, 33, 68B or 68CF91]

28. Section 106 (advice and information about references under [F92 section 22, 33, 68B or 68CF92] ) has effect as if—

(a) in the heading, for “ [F92 section 22, 33, 68B or 68C F92] ” there were substituted “section 32 of the 1991 Act ”;

(b) in subsection (1), for “section 22 [F93 , 33, 68B or 68C F93] ” there were substituted “section 32(a) or (b) of the 1991 Act ”; and

(c) in subsection (6), after “a function conferred by this Part” there were inserted “or by sections 32 to 35 of the 1991 Act ”. F90]

Section 107: Further publicity requirements

29. Section 107 (further publicity requirements) has effect as if—

(a)in subsection (1)—

(i) F97 in [F94 paragraph (a) F94] , for “section [F95 22(1), 33(1) F95][F96 , 68B or 68C F96] ” there were substituted “section 32(a) or (b) of the 1991 Act”; ...

[F98 (ii) in paragraph (aa), for “ [F99 section 33(2)(b) or 68C(2)(a) F99] ” there were substituted “section 33A(1)(a) of the 1991 Act ”;

[F100 (iia)paragraph (aaa) were omitted;F100]

(iii) in paragraph (ab), “paragraph (b) of” were omitted;

[F101 (iiia) in paragraph (b), for “section 22, 33, 68B or 68C” there were substituted “section 32(a) or (b) of the 1991 Act” ; F101]

F102(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)paragraph (c) were omitted;

(vi) in paragraph (eb), for “section 73” there were substituted “section 33D of the 1991 Act ;” and

(vii)paragraph (i) were omitted.F98]

(b)in subsection (2)—

(i) F104 in paragraph (a), for " [F103 section 33 or 68C F103] ” there were substituted “section 32(a) of the 1991 Act”; ...

(ii)in paragraph (b), for “ [F105section 22 or 68B as if it had been made under section 33 or 68C or to treat a reference under section 33 or 68C as if it had been made under section 22 or 68BF105] ” there were substituted “paragraph (a) or paragraph (b) of section 32 of the 1991 Act as if it had been made under paragraph (b) or (as the case may be) paragraph (a) of that section” [F106; and

(iii)paragraphs (g) to (m) were omitted;

(c)in subsection (3), paragraphs (b) to (j) were omitted; and

(d)subsections (6) to (11) were omitted.F106]

[F107Section 108: Defamation

29A. Section 108 (defamation) has effect as if after “under this Part” there were inserted “or sections 32 to 35 of the 1991 Act ”. F107]

Section 109: Attendance of witnesses and production of documents etc.

30. Section 109 (attendance of witnesses and production of documents etc) has effect as if, [F108in subsection (A1)(a)—

(a) after “this Part” there were inserted “or section 32 of the 1991 Act ”, and

(b) for “section 22 [F109 , 33, 68B or 68C F109] ” there were substituted “section 32(a) or (b) of the 1991 Act F108] .

[F110Section 109B: Extra-territorial application of notices under section 109

30ZA. Section 109B (extra-territorial application of notices under section 109) has effect as if, in subsection (3)(a), for the words from “section 22, 33, 45, 62, 62B or 68C” to “section 70A(1),” there were substituted “section 32(a) or (b) of the 1991 Act” . F110]

[F111Section 110: Enforcement of powers under section 109: imposition of penalties

30ZB. Section 110 (enforcement of powers under section 109: imposition of penalties) has effect as if—

(a) in subsection (1A)(a) and (b), after the word “Part” there were inserted “or section 32 of the 1991 Act” ;

(b)in subsection (1B), paragraphs (b) and (c) were omitted; and

(c)in subsection (9), paragraph (b) were omitted.F111]

[F112Section 110A: Restriction on powers to impose penalties under section 110

30A. Section 110A has effect as if F113 ... in subsections (5) and (6), for “section 22 [F114 , 33, 68B or 68C F114] ” there were substituted “section 32(a) or (b) of the 1991 Act ”.

F115(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F112]

[F116Section 110B: Section 110A: supplementary provision

30B. Section 110B (section 110A: supplementary provision) has effect as if—

(a)in subsection (1)—

(i) in the words before paragraph (a), for “section 22 [F117 , 33, 68B or 68C F117] ”, there were substituted “section 32(a) or (b) of the 1991 Act ”; [F118 and F118]

(ii) in paragraphs (b) and (c), for “section 73”, there were substituted “section 33D of the 1991 Act ”; F119 ...

F119(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (2)—

(i) in the words before paragraph (a), for “section 22 [F120 , 33, 68B or 68C F120] ”, there were substituted “section 32(a) or (b) of the 1991 Act ”; and

F121(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)subsections (3) to (6) were omitted.F116]

Section 117: False or misleading information

31. Section 117 (false or misleading information) has effect as if, in subsections (1) and (2), after the word “Part” there were inserted “or section 32 of the 1991 Act”.

[F122Section 119: Minority reports of CMA

31A. Section 119 (minority reports of CMA) has effect as if, in subsection (1), for “this Part” there were substituted “section 32 of the 1991 Act ”. F122]

Section 120: Review of decisions under Part 3

32. Section 120 (review of decisions under Part 3) has effect as if—

[F123 (za) in the heading, after “Part 3” there were inserted “or sections 32 to 35 of the 1991 Act ” F123]

(a)for subsection (1), there were substituted —

“(1) Any person aggrieved by a decision of the [F124CMAF124] under this Part or [F125sections 32 to 35 of the 1991 ActF125] F126 in connection with a reference or possible reference in relation to a water merger may apply to the Competition Appeal Tribunal for a review of that decision.”; ...

[F127 (aa)subsection (1A) were omitted; andF127]

(b) in subsection (2)(b), after the words “this Part” there were inserted “ [F128 or sections 32 to 35 of the 1991 Act . F128] ”.

Section 122: Primacy of [F129 EUF129] law

F13033. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 127: Associated persons

34. Section 127 (associated persons) has effect as if, in subsection (3), for “section 22, 33, 45 [F131 , 62, 68B or 68C F131] ” there were substituted “section 32(a) or (b) of the 1991 Act”.

Section 129: Other interpretation provisions

35. Section 129 (other interpretation provisions) has effect as if, in subsection (1), the following definitions were inserted—

(a) before the definition of “action”—

““the 1991 Act” means the Water Industry Act 1991;”;

(b) before the definition of “business”—

““the Authority” means the Water Services Regulation Authority or, until the coming into force of section 36 of the Water Act 2003, the Director General of Water Services;”.

[F132Schedule 10: procedural requirements for certain enforcement undertakings and orders

36. Schedule 10 (procedural requirements for certain enforcement undertakings and orders) has effect as if, in paragraphs 1(a) and 6(a), for “section 73 or 82 or paragraph 3 or 9 of Schedule 7” there were substituted “section 33D of the 1991 Act or section 82 of, or paragraph 3 or 9 of Schedule 7 to, this Act”. F132]

[F133Review

37.—(1) The Secretary of State must—

(a)carry out reviews of these Regulations; and

(b)for each review, publish a report setting out the conclusions of the review.

(2) The reports must, in particular—

(a)set out the objectives intended to be achieved by these Regulations;

(b)assess the extent to which those objective are achieved; and

(c)assess whether those objectives remain appropriate, and if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report must be published by 17th December 2020.

(4) Subsequent reports must be published at intervals not exceeding five years.F133]

Gerry Sutcliffe,

Parliamentary Under Secretary of State for Employment Relations, Postal Services and Consumers,

Department of Trade and Industry

(1)

1991 c. 56.

(2)

2002 c. 40.

(3)

S.I. 2003/1595.

Status: There are currently no known outstanding effects for the The Water Mergers (Modification of Enactments) Regulations 2004.
The Water Mergers (Modification of Enactments) Regulations 2004 (2004/3202)
Version from: 1 January 2025

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
C1 Regulations applied (Isles of Scilly) (27.3.2020) by The Isles of Scilly (Application of Water Legislation) Order 2020 (S.I. 2020/214), arts. 2(1), 5(i)
F1 Reg. 3(1)(aa) inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 3 inserted
F2 Reg. 3(1)(b) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(2)(a); 2020 c. 1, Sch. 5 para. 1(1) omitted
F3 Reg. 3(1)(ba) omitted (18.12.2015) by virtue of The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 3(a) omitted
F4 Words in reg. 3(1)(d) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(2)(b); 2020 c. 1, Sch. 5 para. 1(1) substituted
F5 Reg. 3(da) inserted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 9 inserted
F6 Words in reg. 3(1)(e) substituted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 3(b) substituted
F7 Word in reg. 3(f) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(2)(c) (with art. 3) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F8 Word in reg. 3(1)(f) inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 3(c) inserted
F9 Reg. 3(1)(fa) omitted (18.12.2015) by virtue of The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 3(d) omitted
F10 Word in reg. 4 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(3)(a) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F11 Words in reg. 4 inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 4 inserted
F12 Word in reg. 4 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(3)(b) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F13 Word in reg. 4 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(3)(c) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F14 Words in reg. 5(a) substituted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 5(a) substituted
F15 Reg. 5(aa) inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 5(b) inserted
F16 Word in reg. 5(aa) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(3)(a); 2020 c. 1, Sch. 5 para. 1(1) inserted
F17 Reg. 5(b) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(3)(b); 2020 c. 1, Sch. 5 para. 1(1) omitted
F18 Reg. 5(d) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(3)(b); 2020 c. 1, Sch. 5 para. 1(1) omitted
F19 Word in reg. 6 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(4) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F20 Reg. 7 omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(5) (with art. 3, Sch. 2 para. 4) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F21 Words in reg. 8 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(6)(a) (with art. 3, Sch. 2 para. 4) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F22 Reg. 8 omitted (1.1.2025) by virtue of The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 4 omitted
F23 Reg. 9(1) renumbered (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 6(a) renumbered
F24 Reg. 9(2) inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 6(b) inserted
F25 Regs. 10ZA-10ZC inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 7 inserted
F26 Words in reg. 10ZA(a)(i) substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 5(a) substituted
F27 Reg. 10ZA(aa) inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 5(b) inserted
F28 Words in reg. 10ZA(b)(i) substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 5(c) substituted
F29 Words in reg. 10ZA(d) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(4); 2020 c. 1, Sch. 5 para. 1(1) substituted
F30 Reg. 10ZB omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(5); 2020 c. 1, Sch. 5 para. 1(1) omitted
F31 Reg. 10ZC omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(5); 2020 c. 1, Sch. 5 para. 1(1) omitted
F32 Reg. 10A inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(7) (with art. 3) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F33 Words in reg. 11 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(8)(a) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F34 Words in reg. 11 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(8)(b) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F35 Words in reg. 11 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(8)(c) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F36 Words in reg. 11 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(8)(d) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F37 Word in reg. 12 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(9) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F38 Word in reg. 13 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(10) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F39 Reg. 13A inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(11) (with art. 3) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F40 Words in reg. 13A substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 6 substituted
F41 Words in reg. 14 substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 7 substituted
F42 Word in reg. 15 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(12) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F43 Reg. 16 omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(13) (with art. 3, Sch. 2 para. 5) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F44 Words in reg. 17 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(14)(a) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F45 Words in reg. 17 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(14)(a) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F46 Reg. 17(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(14)(b) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F47 Reg. 17(a)(i) substituted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 8(a) substituted
F48 Words in reg. 17(a)(i) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 10 substituted
F49 Reg. 17(b)(c) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(14)(c) (with art. 3) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F50 Reg. 17(d)(i) substituted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 8(b)(i) substituted
F51 Words in reg. 17(d)(i) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 3 substituted
F52 Words in reg. 17(d)(i) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 10 substituted
F53 Word in reg. 17(d)(i) omitted (18.12.2015) by virtue of The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 8(b)(ii) omitted
F54 Reg. 17(d)(ia) inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 8(b)(iii) inserted
F55 Reg. 17(d)(ii) substituted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 8(b)(iv) substituted
F56 Words in reg. 17(d)(ii) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 10 substituted
F57 Regs. 17A-17C inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 9 inserted
F57 Regs. 17A-17C inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 9 inserted
F57 Regs. 17A-17C inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 9 inserted
F58 Words in reg. 17A(a)(i) inserted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 11(a) inserted
F59 Reg. 17A(a)(ii) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(6); 2020 c. 1, Sch. 5 para. 1(1) omitted
F60 Reg. 17A(b) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 11(b) substituted
F61 Words in reg. 17A(b)(ii) inserted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 4 inserted
F62 Words in reg. 17B(b)(i) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 5(a)(i) substituted
F63 Word in reg. 17B(b)(ii) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 5(a)(ii) substituted
F64 Word in reg. 17B(b) omitted (23.8.2024) by virtue of The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 5(b) omitted
F65 Reg. 17B(ba)(bb) inserted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 5(c) inserted
F66 Words in reg. 17C(b) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 6(a) substituted
F67 Words in reg. 17C(c) inserted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 6(b) inserted
F68 Reg. 17C(d) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 6(c) substituted
F69 Words in reg. 18(a) inserted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 13 inserted
F70 Words in reg. 19(a) inserted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 14 inserted
F71 Words in reg. 20(a) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 15 substituted
F72 Word in reg. 20(a) omitted (23.8.2024) by virtue of The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 7(a) omitted
F73 Reg. 20(b) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 7(b) substituted
F74 Reg. 20(c) inserted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 7(c) inserted
F75 Words in reg. 21 substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 16 substituted
F76 Words in reg. 22 substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 17 substituted
F77 Words in reg. 23 substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 18 substituted
F78 Words in reg. 24 substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 19 substituted
F79 Reg. 24A inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 10 inserted
F80 Reg. 25 omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(15) (with art. 3) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F81 Reg. 25A omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 327(3)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(5)(b)(i) omitted
F82 Reg. 26(a) substituted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 12 substituted
F83 Words in reg. 26(a) substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 8(a) substituted
F84 Words in reg. 26(a) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 20 substituted
F85 Word in reg. 26(a) omitted (1.1.2025) by virtue of The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 8(b) omitted
F86 Reg. 26(aa) inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 8(c) inserted
F87 Words in reg. 26(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(16) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F88 Reg. 27(a) substituted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 13 substituted
F89 Words in reg. 27(a) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 21 substituted
F90 Reg. 28 substituted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 14 substituted
F91 Words in reg. 28 heading substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 22(a) substituted
F92 Words in reg. 28 substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 22(a) substituted
F93 Words in reg. 28(b) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 22(b) substituted
F94 Words in reg. 29(a)(i) substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 9(a)(i) substituted
F95 Words in reg. 29(a)(i) substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 9(a)(ii) substituted
F96 Words in reg. 29(a)(i) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 23(a) substituted
F97 Word in reg. 29(a) omitted (1.1.2025) by virtue of The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 9(b) omitted
F98 Reg. 29(a)(ii)-(vii) substituted for reg. 29(a)(ii) (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 15(a) substituted
F99 Words in reg. 29(a)(ii) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 23(b) substituted
F100 Reg. 29(a)(iia) inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 9(c) inserted
F101 Reg. 29(a)(iiia) inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 9(d) inserted
F102 Reg. 29(a)(iv) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(7); 2020 c. 1, Sch. 5 para. 1(1) omitted
F103 Words in reg. 29(b)(i) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 23(c) substituted
F104 Word in reg. 29(b)(i) omitted (18.12.2015) by virtue of The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 15(b)(i) omitted
F105 Words in reg. 29(b)(ii) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 23(d) substituted
F106 Words in reg. 29 inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 15(b)(ii) inserted
F107 Reg. 29A inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 16 inserted
F108 Words in reg. 30 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(19) (with art. 3, Sch. 2 para. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F109 Words in reg. 30 substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 24 substituted
F110 Reg. 30ZA inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 10 inserted
F111 Reg. 30ZB inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 10 (with reg. 11) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F112 Reg. 30A inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(20) (with art. 3, Sch. 2 para. 3) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F113 Reg. 30A(a) renumbered (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 17 renumbered
F114 Words in reg. 30A substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 25 substituted
F115 Reg. 30A(b) omitted (18.12.2015) by virtue of The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 17 omitted
F116 Reg. 30B inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 18 inserted
F117 Words in reg. 30B(a)(i) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 26 substituted
F118 Word in reg. 30B(a)(i) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(8)(a)(i); 2020 c. 1, Sch. 5 para. 1(1) inserted
F119 Reg. 30B(a)(iii) and word omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1) omitted
F120 Words in reg. 30B(b)(i) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 26 substituted
F121 Reg. 30B(b)(ii) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(8)(b); 2020 c. 1, Sch. 5 para. 1(1) omitted
F122 Reg. 31A inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 19 inserted
F123 Reg. 32(za) inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 20(a) inserted
F124 Word in reg. 32 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(21) (with art. 3) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F125 Words in reg. 32(a) substituted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 20(b) substituted
F126 Word in reg. 32(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(8A)(a) (as inserted by S.I. 2020/1343, regs. 1(1), 33); 2020 c. 1, Sch. 5 para. 1(1) inserted, omitted
F127 Reg. 32(aa) inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(8A)(b) (as inserted by S.I. 2020/1343, regs. 1(1), 33); 2020 c. 1, Sch. 5 para. 1(1) inserted
F128 Words in reg. 32(b) substituted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 20(c) substituted
F129 Word in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6 substituted
F130 Reg. 33 omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 12(9); 2020 c. 1, Sch. 5 para. 1(1) omitted
F131 Words in reg. 34 substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 27 substituted
F132 Reg. 36 inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 21 inserted
F133 Reg. 37 inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 22 inserted
Defined Term Section/Article ID Scope of Application
the 1991 Act reg. 1. def_1875805a68
the 2002 Act reg. 1. def_c01ef49d26

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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