Citation, coming into force and transitional provision

1. —(1) This Order may be cited as the Enterprise Act 2002 (Merger Fees) (Amendment and Revocation) Order 2012 and shall come into force on 1st October 2012.

(2) This Order shall not apply to—

(a) a decision in relation to a possible reference by the OFT under section 22 of the Enterprise Act 2002, or by the Secretary of State under section 45(2) or (3) of that Act, that it is or may be the case that a relevant merger situation has been created; or

(b) the making by the OFT of a merger reference to the Commission under section 32(b) of the Water Industry Act 1991( 2 );

where the decision or reference relates to two or more enterprises ceasing to be distinct enterprises before 1st October 2012.

Amendments to the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003

2. —(1)Article 5 (amount of fees) of the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003( 3 ) is amended as follows.

(2) In paragraph (1)(a), for “£30,000” substitute “£40,000”.

(3) In paragraph (1)(b), for “£60,000” substitute “£80,000”.

(4) In paragraph (1)(c), for “, £90,000.” substitute “but does not exceed £120 million, £120,000;”.

(5) After paragraph (1)(c) insert—

“ (d) where the value of such turnover exceeds £120 million, £160,000. ” .

(6) In paragraph (4)(a), for “£30,000” substitute “£40,000”.

(7) In paragraph (4)(b), for “£60,000” substitute “£80,000”.

(8) In paragraph (4)(c), for “, £90,000.” substitute “but does not exceed £120 million, £120,000;”.

(9) After paragraph (4)(c) insert—

“ (d) where the value of such turnover exceeds £120 million, £160,000. ” .

Revocation

3.The Enterprise Act 2002 (Merger Fees) (Amendment) Order 2005( 4 ) is revoked.