The Water Mergers (Miscellaneous Amendments) Regulations 2015

JurisdictionUK Non-devolved
CitationSI 2015/1936

2015No. 1936

COMPETITION

WATER INDUSTRY, ENGLAND AND WALES

The Water Mergers (Miscellaneous Amendments) Regulations 2015

24thNovember2015

26thNovember2015

18thDecember2015

The Secretary of State makes these Regulations in exercise of the powers conferred by-

(a) section 219(1)( 1) of, and paragraph 1 of Schedule 4ZA to, the Water Industry Act 1991( 2); and

(b) sections 121(1), (2)(c) and (3)(d) and 124(2) of the Enterprise Act 2002( 3).

PART 1

Introduction

Citation and commencement

1. These Regulations may be cited as the Water Mergers (Miscellaneous Amendments) Regulations 2015 and come into force on 18th December 2015.

Amendment of subordinate legislation

2.-(1) The Water Mergers (Modification of Enactments) Regulations 2004( 4) are amended in accordance with Part 2.

(2) The Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003( 5) is amended in accordance with Part 3.

PART 2

Amendments to the Water Mergers (Modification of Enactments) Regulations 2004

Regulation 3

3. In paragraph (1) of regulation 3 (omitted provisions)-

(a) omit sub-paragraph (ba);

(b) in sub-paragraph (e), for "sections 73 to 75 (undertakings in lieu of references, etc);" substitute "section 73 (undertakings in lieu of references under section 22 or 33)( 6);";

(c) in sub-paragraph (f), at the end insert "and"; and

(d) omit sub-paragraph (fa).

Regulation 4

4. In regulation 4 (sections 22 to 24: references in relation to completed mergers), in the text of section 22 of the 2002 Act as it has effect as substituted by that regulation, after subsection (2) insert-

"(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.".

Regulation 5

5. In regulation 5 (section 25: extension of time-limits)-

(a) in paragraph (a), for "in subsections (1), (2) and (9)" substitute "in subsections (1), (2), (4), (9) and (10)";

(b) after paragraph (a), insert-

"(aa) in subsection (4), for "section 73" there were substituted "section 33D of the 1991 Act"; ";

(c) in paragraph (b), for "subsections (4) to (8), (10) and (11)" substitute "subsections (6) to (8)"; and

(d) for paragraph (c) substitute-

"(d) in subsection (10)(b), for "subsections (2), (4) and (6)" there were substituted "subsections (2) and (4)".".

Regulation 9

6. In regulation 9 (section 33: duty to make references in relation to anticipated mergers), in the text of section 33 of the 2002 Act as it has effect as substituted by that regulation-

(a) the existing text becomes subsection (1); and

(b) after that subsection insert-

"(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.".

New regulations 10ZA, 10ZB and 10ZC

7. After regulation 10, insert-

"Section 34ZA: Time-limits for decisions about references

10ZA. Section 34ZA (time-limits for decisions about references)( 7) has effect as if-

(a) in subsection (1)-

(i) in the words before paragraph (a), for "section 22 or 33" 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)";

(b) in subsection (2)-

(i) in the words before paragraph (a), for "section 22 or 33" 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) subsections (4) and (5) were omitted.

Section 34ZB: Extension of time-limits

10ZB. Section 34ZB (extension of time-limits)( 8) has effect as if subsections (5) and (8) were omitted.

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

10ZC. Section 34ZC (sections 34ZA and 34ZB: supplementary)( 9) has effect as if the references to subsection (5) of section 34ZB were omitted.".

Regulation 17

8. In regulation 17 (section 72: initial enforcement orders: completed or anticipated mergers)-

(a) for paragraph (a)(i) substitute-

"(i) in paragraph (a), for "section 22 or 33" there were substituted "section 32(a) or (b) of the 1991 Act"; and"; and

(b) in paragraph (d)-

(i) for sub-paragraph (i) substitute-

"(i) in paragraph (a), for "section 22 or 33" there were substituted "section 32(a) or (b) of the 1991 Act"; and";

(ii) at the end of sub-paragraph (i), omit "and";

(iii) after sub-paragraph (i), insert-

"(ia) in paragraph (b), for "section 73" there were substituted "section 33D of the 1991 Act"; and"; and

(iv) for sub-paragraph (ii) substitute-

"(ii) in paragraph (d), for "section 22 or 33" there were substituted "section 32(a) or (b) of the 1991 Act"".

New regulations 17A, 17B and 17C

9. After regulation 17, insert-

"Section 73A: Time-limits for consideration of undertakings

17A. Section 73A (time-limits for consideration of undertakings)( 10) has effect as if-

(a) in subsection (1)-

(i) in the words before paragraph (a), for "section 73(2)" there were substituted "section 33D(1) of the 1991 Act"; and

(ii) paragraph (b) and the "or" preceding it were omitted; and

(b) in subsection (2), for "section 73(2)" there were substituted "section 33D(1) of the 1991 Act".

Section 74: Effect of undertakings under section 73

17B. Section 74 (effect of undertakings under section 73)( 11) 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 or 45" 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 73" there were substituted "section 33D of the 1991 Act"; and

(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)( 12) 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 73" there were substituted "section 33D of the 1991 Act";

(c) in subsection (2), for "section 73(2)" there were substituted "section 33D(2) of the 1991 Act"; and

(d) for subsection (3) there were substituted-

"(3) Subsections (4) and (5)...

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