Citation, commencement and extent

1. —(1) These Regulations may be cited as the Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 and come into force on 23rd August 2024.

(2) These Regulations extend to England and Wales.

Amendment of the Water Mergers (Modification of Enactments) Regulations 2004

2.The Water Mergers (Modification of Enactments) Regulations 2004( 2 ) are amended as set out in these Regulations.

Regulation 17

3. In regulation 17 (section 72: initial enforcement orders: completed or anticipated mergers), in paragraph (d)(i), for “in paragraph (a)” substitute “in the words before paragraph (a)” .

Regulation 17A

4. In regulation 17A (section 73A: time-limits for consideration of undertakings), in paragraph (b)(ii), after “73(2)” insert “or (3B)” .

Regulation 17B

5. In regulation 17B (section 74: effect of undertakings under section 73)—

(a) in paragraph (b)—

(i) in sub-paragraph (i), for “, 45, 68B or 68C” substitute “or 45” ;

(ii) in sub-paragraph (ii), for “73” substitute “73(2)” ;

(b) omit the “and” after paragraph (b);

(c) after paragraph (b) insert—

“ (ba) subsection (1A) were omitted;

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

Regulation 17C

6. In regulation 17C (section 75: order making power where undertakings under section 73 not fulfilled etc)—

(a) in paragraph (b), for “73” substitute “73(2) or (3B)” ;

(b) in paragraph (c), after “73(2)” insert “or (3B) (as the case may be)” ;

(c) for paragraph (d) substitute—

“ (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. ” . ” .

Regulation 20

7. In regulation 20 (section 79: sections 77 and 78: further interpretation provisions)—

(a) omit the “and” after paragraph (a);

(b) for paragraph (b) substitute—

“ (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. ” ; and ” ;

(c) after paragraph (b) insert—

“ (c) subsection (5A) were omitted. ” .