PART 1 GENERAL

Citation, commencement and extent

1. —(1) This Order may be cited as the Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023.

(2) This Order comes into force on 6th December 2023.

(3) This Part and Part 2 extend to England and Wales, Scotland and Northern Ireland.

(4) Part 3 extends to England and Wales.

PART 2 MERGER FEES AND TURNOVER

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

2.The Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003( 3 ) is amended as follows.

3. In article 2(d) for “22 or 33” substitute “22, 33, 68B or 68C” .

4. In article 3(b) for “22 or 33” substitute “22, 33, 68B or 68C” .

5. In article 4(2) after “33(2)(b)” insert “or 68C(2)(a)” .

6. In article 5, after paragraph (3) insert—

“ (3A) For the purpose of determining the amount of the fee payable under article 3(b) for decisions made in relation to a possible reference under section 68B or 68C of the Act including as part of a combined reference described in section 68E(1) of the Act, paragraphs (1) to (3) of this article have effect as if references to the United Kingdom were to Great Britain.

(3B) The amount of fee payable under article 3(b) for a decision made in relation to a combined reference described in section 68E(1) of the Act is—

(a) in relation to a combined reference described in section 68E(1)(a) of the Act, the sum of the amounts that would have been payable under article 3(b) for—

(i) a decision made in relation to a possible reference under section 22 of the Act; and

(ii) a decision made in relation to a possible reference under section 68B of the Act;

(b) in relation to a combined reference described in section 68E(1)(b) of the Act, the sum of the amounts that would have been payable under article 3(b) for—

(i) a decision made in relation to a possible reference under section 33 of the Act; and

(ii) a decision made in relation to a possible reference under section 68C of the Act. ” .

7. In article 11, after paragraph (4) insert—

“ (5) For the purpose of determining the turnover of an enterprise which is subject to a possible reference under section 68B or 68C of the Act, this article and Schedule 1 have effect as if references to the United Kingdom were to Great Britain. ” .

PART 3 CONSEQUENTIAL AMENDMENTS

Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004

8.The Water Mergers (Modification of Enactments) Regulations 2004( 4 ) are amended as follows.

9. In regulation 3 after paragraph (d) insert—

“ (da) sections 68A to 68F and Schedule 5A (mergers of energy network enterprises in Great Britain); ” .

10. In regulation 17 in paragraph (a)(i), (d)(i) and (d)(ii) for “22 or 33” substitute “22, 33, 68B or 68C” .

11. In regulation 17A—

(a) in paragraph (a)(i) after “73(2)” insert “or (3B)” ;

(b) for paragraph (b) substitute—

“ (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)” there were substituted “section 33D(1) of the 1991 Act” . ” .

12. In regulation 17B in paragraph (b)(i) for “or 45” substitute “, 45, 68B or 68C” .

13. In regulation 18 in paragraph (a) after “22” insert “or 68B” .

14. In regulation 19 in paragraph (a) after “33” insert “or 68C” .

15. In regulation 20 in paragraph (a) for “or 33” substitute “, 33, 68B or 68C” .

16. In regulation 21 for “or 33” substitute “, 33, 68B or 68C” .

17. In regulation 22 for “or 33” substitute “, 33, 68B or 68C” .

18. In regulation 23 for “or 33” substitute “, 33, 68B or 68C” .

19. In regulation 24 for “or 33” substitute “, 33, 68B or 68C” .

20. In regulation 26 in paragraph (a) for “or 33” substitute “, 33, 68B or 68C” .

21. In regulation 27 in paragraph (a) for “or 33” substitute “, 33, 68B or 68C” .

22. In regulation 28—

(a) for “sections 22 and 33” in the heading and in both places it appears, substitute “section 22, 33, 68B or 68C” ;

(b) in paragraph (b) for “or 33” substitute “, 33, 68B or 68C” .

23. In regulation 29—

(a) in paragraph (a)(i) for “or 33” substitute “, 33, 68B or 68C” ;

(b) in paragraph (a)(ii) for “subsection (2)(b) of section 33” substitute “section 33(2)(b) or 68C(2)(a)” ;

(c) in paragraph (b)(i) for “section 33” substitute “section 33 or 68C” ;

(d) in paragraph (b)(ii) for “section 22 or 33 as if it had been made under section 33 or (as the case may be) 22” substitute “section 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 68B” .

24. In regulation 30 for “or 33” substitute “, 33, 68B or 68C” .

25. In regulation 30A for “or 33” substitute “, 33, 68B or 68C” .

26. In regulation 30B in paragraph (a)(i) and (b)(i) for “or 33” substitute “, 33, 68B or 68C” .

27. In regulation 34 for “or 62” substitute “, 62, 68B or 68C” .