The Enterprise Act 2002 (Merger Fees) (Amendment) Order 2009

JurisdictionUK Non-devolved
CitationSI 2009/2396

2009 No. 2396

Competition

The Enterprise Act 2002 (Merger Fees) (Amendment) Order 2009

Made 2nd September 2009

Laid before Parliament 4th September 2009

Coming into force 1st October 2009

The Secretary of State, in exercise of the powers conferred by section 121 of the Enterprise Act 20021, makes the following Order:

S-1 Citation, coming into force and transitional provision

Citation, coming into force and transitional provision

1.—(1) This Order may be cited as the Enterprise Act 2002 (Merger Fees) (Amendment) Order 2009 and shall come into force on 1st October 2009.

(2) This Order shall not apply to—

(a)

(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 the Enterprise Act 2002, that it is or may be the case that a relevant merger situation has been created; or

(b)

(b) the making by the OFT of a merger reference to the Commission under section 32(b) of the Water Industry Act 19912;

where the decision or reference relates to two or more enterprises ceasing to be distinct enterprises before 1st October 2009.

S-2 Amendments to the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003

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

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

(2) In article 5(1)(a), for “£15,000” substitute “£30,000”.

(3) In article 5(1)(b), for “£30,000” substitute “£60,000”.

(4) In article 5(1)(c), for “£45,000” substitute “£90,000”.

(5) In article 5(4)(a), for “£15,000” substitute “£30,000”.

(6) In article 5(4)(b), for “£30,000” substitute “£60,000”.

(7) In article 5(4)(c), for “£45,000” substitute “£90,000”.

Kevin Brennan

Minister for Further Education, Skills, Apprenticeships and Consumer Affairs

Department for Business, Innovation and Skills

2nd September 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003 ( S.I. 2003/1370). The Order increases the amount of fees payable in each of the three fee bands while making no change to the structure of the bands.

Article 1(2) contains a transitional provision which applies where, in the case of a completed merger, a decision is made relating to a possible reference by the OFT or the Secretary of State under...

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