The Deregulation (Fair Trading Act 1973) (Amendment) (Merger Reference Time Limits) Order 1996

Made: 19th February 1996

Coming into force: 19th March 1996

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 1 of the Deregulation and Contracting Out Act 1994, hereby makes the following Order:

1

• (1) This Order may be cited as the Deregulation (Fair Trading Act 1973) (Amendment) (Merger Reference Time Limits) Order 1996.

• (2) This Order shall come into force one month after the date on which it is made and shall apply to cases where two or more enterprises cease to be distinct enterprises on or after the date on which it comes into force.

2

In section 64(4) of the Fair Trading Act 1973, in each of paragraphs (a) and (b), for “six months” there shall be substituted “four months”.

Signed

John Taylor — Parliamentary Under Secretary of State, — 19th February 1996

Explanatory note

(This note is not part of the Order)

This Order is made under the Deregulation and Contracting Out Act 1994 which allows statutory provisions to be amended, without removing any necessary protection, in order to reduce burdens affecting persons carrying on business. This Order amends section 64 of the Fair Trading Act 1973 which provides that the Secretary of State may make a merger reference to the Monopolies and Mergers Commission where it appears to him that two or more enterprises have ceased to be distinct and that at least one of the specified conditions is satisfied. Section 64 at present provides that a merger reference may be made within six months of the completion of the merger, or if later, within six months of the material facts about the merger being made public or notified to the Secretary of State or the Director General of Fair Trading. This Order reduces each of those periods from six months to four months.

Footnotes

[^f00001]: 1973 c. 41.

[^f00002]: 1994 c. 40.