The Water Mergers (Modification of Enactments) Regulations 2004
| Jurisdiction | UK Non-devolved |
(1) These Regulations may be cited as the Water Mergers (Modification of Enactments) Regulations 2004 and shall come into force on 29th December 2004.(2) In these Regulations—In its application in relation to water mergers and merger references under section 32 of the section 28 (turnover test) ;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 2, section 85 and Schedule 7 (public interest cases) ;sections 59 F65to 66 (other special cases) ; section 73 (undertakings in lieu of references under section 22 or 33) ;sections 96 to 102 (merger notices) ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 123 (power to alter share of supply test) .(2) Accordingly, any reference in Part 3 of the 2002 Act to those provisions (and any provisions of that Part so far as applying to them) shall be disregarded.Part 3 of the 2002 Act has effect as if, for sections 22 to 24, there were substituted— the enactment under which it is made; andthe date on which it is made.In this Part “the decision-making authority” means the F5CMA.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.in the case of a reference which is treated as having been made under section 32(b) of the 1991 Act by virtue of section 37(2) , such time as the F6CMA may determine; andin any other case, immediately before the time when the reference has been, or is to be, made.“water merger” means a merger of any two or more water enterprises;“water enterprise” means an enterprise carried on by a water undertaker or sewerage undertaker; anda reference to a merger of any two or more water enterprises is a reference to those enterprises ceasing to be distinct enterprises.the day on which the merger took place; andthe day on which the material facts about the transactions which resulted in the merger first came to the attention of the F7CMA or were made public.In this section “made public” means so publicised as to be generally known or readily ascertainable.F44in subsections (1) , (2) , (4) , (9) and (10) in subsection (4) , for “section 73” there were substituted “section 33D of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3 of the 2002 Act has effect as if, for section 30 (relevant customer benefits) , there were substituted— lower prices, higher quality or greater choice of goods or services in any market in the United Kingdom (whether or not the market or markets in relation to which the prejudice to the Authority has, or may have, occurred or (as the case may be) may occur) ; orgreater innovation in relation to such goods or services; andin the case of a merger reference under section 32(a) of the 1991 Act, as mentioned in subsection (2) ; andin the case of a merger reference under section 32(b) of the 1991 Act, as mentioned in subsection (3) .the benefit may be expected to accrue within a reasonable period as a result of the merger concerned; andthe benefit is unlikely to accrue without the merger concerned or a similar prejudice to the Authority.the benefit has accrued as a result of the merger concerned or may be expected to accrue within a reasonable period as a result of the merger concerned; andthe benefit was, or is, unlikely to accrue without the merger concerned or a similar prejudice to the Authority.customers of any person carrying on an enterprise which, in the merger concerned, has ceased to be, or (as the case may be) will cease to be, a distinct enterprise;customers of such customers; andany other customers in a chain of customers beginning with the customers mentioned in paragraph (a) ;so far as it operates in the United Kingdom or a part of the United Kingdom, any market which operates there and in another country or territory or in a part of another country or territory; andany market which operates only in a part of the United Kingdom;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in subsection (4) , the words “or (5) (b) ” were omitted. (1) Part 3 of the 2002 Act has effect as if, for section 33 (duty to make references in relation to anticipated mergers) , there were substituted—
- “the 1991 Act” means the Water Industry Act 1991; and
- “the 2002 Act” means the Enterprise Act 2002.
- (1) A reference under section 32(b) of the 1991 Act shall specify—
- (a) the enactment under which it is made; and
- (b) the date on which it is made.
- (1) For the purposes of this Part a benefit is a relevant customer benefit if—
-
(a) it is a benefit to relevant customers in the form of—
(i) lower prices, higher quality or greater choice of goods or services in any market in the United Kingdom (whether or not the market or markets in relation to which the prejudice to the Authority has, or may have, occurred or (as the case may be) may occur) ; or (ii) greater innovation in relation to such goods or services; and -
(b) the F8CMA believes—
(i) in the case of a merger reference under section 32(a) of the 1991 Act, as mentioned in subsection (2) ; and (ii) in the case of a merger reference under section 32(b) of the 1991 Act, as mentioned in subsection (3) .
- (a) the enactment under which it is made; and
- (b) the date on which it is made.
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