The Water Mergers (Modification of Enactments) Regulations 2004

[^key-456f542e02dc26b9241c3cf3e197f96a]: Words in reg. 29(a)(i) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 23(a)

[^key-aaf6dc6ae30401e1f57b52f72cfdb878]: Words in reg. 29(a)(ii) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 23(b)

[^key-56256966d14c76fed98ffe3a883279de]: Words in reg. 29(b)(i) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 23(c)

[^key-15c9264f8eab53c894d005e38a345b29]: Words in reg. 29(b)(ii) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 23(d)

[^key-670af8657fd9baef7f4712093afd85e2]: Words in reg. 30 substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 24

[^key-4d21a949792b203388362c4e60e91a2c]: Words in reg. 30A substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 25

[^key-256e1dd92902b0f0747c760b4732ef3f]: Words in reg. 30B(a)(i) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 26

[^key-09ff1f8ae82a74704763a3ab617d8497]: Words in reg. 30B(b)(i) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 26

[^key-53428843c8da3e81d609a20583cc04c2]: Words in reg. 34 substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 27

[^key-e3e9fdba1319bb7929d523c7ed73e0f9]: Words in reg. 17(d)(i) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 3

[^key-980a4a586dd855005b7082138057926c]: Reg. 17B(ba)(bb) inserted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 5(c)

[^key-ce2839d961c24af3b9a42b4f3c33226b]: Words in reg. 17B(b)(i) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 5(a)(i)

[^key-c47da00210d74e5d0a55003d49de9218]: Word in reg. 17B(b) omitted (23.8.2024) by virtue of The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 5(b)

[^key-ccf78ad6a822542da369ed51b1a6ffa3]: Word in reg. 17B(b)(ii) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 5(a)(ii)

[^key-a6bf6ec0d98529f62d4b989ed7037f58]: Words in reg. 17A(b)(ii) inserted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 4

[^key-085e7c1507dd5d16351814b3add71be2]: Words in reg. 17C(b) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 6(a)

[^key-024ca78b42cbba11971582acd7f8d239]: Words in reg. 17C(c) inserted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 6(b)

[^key-2bf1ba4f3b67729e9ef0eedbec3cff9f]: Reg. 17C(d) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 6(c)

[^key-f2b2a3cfaf882df95ee43d4bc1ded3c1]: Reg. 20(c) inserted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 7(c)

[^key-45c9455c0037f0e8e2ac479b0523e8e9]: Word in reg. 20(a) omitted (23.8.2024) by virtue of The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 7(a)

[^key-31e7804caa7000448b4934238d45c8c1]: Reg. 20(b) substituted (23.8.2024) by The Digital Markets, Competition and Consumers Act 2024 (Water Mergers) (Consequential Amendments) Regulations 2024 (S.I. 2024/840), regs. 1(1), 7(b)

[^key-2a02934fa8d7f8ca0491f1586d51706a]: Reg. 30ZA inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 10

[^key-82f7575689326bfdaf08e19141706dde]: Reg. 30ZB inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 10 (with reg. 11)

[^key-8cdfe7da74201ca284c6e2b91127be18]: Reg. 25A omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 327(3)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(5)(b)(i)

[^key-7483b33207dd77864f6e16c9ec982321]: Reg. 3(1)(aa) inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 3

[^key-16bd47fdfa9c0fb8bfe75ca77611f62b]: Reg. 8 omitted (1.1.2025) by virtue of The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 4

[^key-e81330448ccf888df3c89251716cb146]: Reg. 10ZA(aa) inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 5(b)

[^key-79aba85722baa95e7a9ff647d184d6de]: Words in reg. 10ZA(a)(i) substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 5(a)

[^key-0be864b3cf497ef9d686d32b17f5959f]: Words in reg. 10ZA(b)(i) substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 5(c)

[^key-cdbe55013978fabad82eda3b37e09c1a]: Words in reg. 13A substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 6

[^key-fd5f2fd49941d5dffdd9629b20697d4c]: Words in reg. 14 substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 7

[^key-56a969fe9aed1e340dd35212a48bbe69]: Reg. 26(aa) inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 8(c)

[^key-d0a061804c67ffb17dc6c21e6fd8463a]: Words in reg. 26(a) substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 8(a)

[^key-e63337444d9b091ac52d934afd6d1f4b]: Word in reg. 26(a) omitted (1.1.2025) by virtue of The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 8(b)

[^key-dbed8bc80b63547909ba269955f252b0]: Reg. 29(a)(iia) inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 9(c)

[^key-d5f4384b8d8531fd0c5a2f1a24e7f066]: Reg. 29(a)(iiia) inserted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 9(d)

[^key-550d45575a1be4e68c9348c7ef449995]: Word in reg. 29(a) omitted (1.1.2025) by virtue of The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 9(b)

[^key-1c92368b148fa9550750df5e64b66cdf]: Words in reg. 29(a)(i) substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 9(a)(i)

[^key-52420f03d9c1ceb846b66772ff9b4ba1]: Words in reg. 29(a)(i) substituted (1.1.2025) by The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 (S.I. 2024/1234), regs. 1(1), 9(a)(ii)

Section 34C: functions to be exercised by CMA groups

10A

Section 34C (functions to be exercised by CMA groups) has effect as if, in subsection (1)—

• (a) in the words before paragraph (a), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”,

• (b) in paragraph (a), for “sections 35(6) and (7), 36(5) and (6) and” there were substituted “section”, and

• (c) in paragraph (b), for “section 22, section 23(9)(a)” there were substituted “section 32(b) of the 1991 Act, section 23(1)(a)

Sections 35 to 36: Questions to be decided in relation to mergers

Section 37: Cancellation and variation of references

Section 38: Investigations and reports on references

Section 39: Time-limits for investigations and reports

13A

Section 39 (time-limits for investigations and reports) has effect as if—

• (a) in subsection (3), for “section 22(1) or 33(1)” there were substituted “section 32(a) or (b) of the 1991 Act”;

• (b) subsection (3A) were omitted;

• (c) in subsection (7), “, (3A)” were omitted; and

• (d) in subsection (8A), for “section 33” there were substituted “section 32(a) of the 1991 Act”.

Section 40: Section 39: supplementary

Section 41: Duty to remedy effects of completed or anticipated mergers

Section 71: Initial undertakings: completed mergers

Section 72: Initial enforcement orders: completed or anticipated mergers

Section 77: Restrictions on certain dealings: completed mergers

Section 78: Restrictions on certain share dealings: anticipated mergers

Section 79: Sections 77 and 78: further interpretation provisions

Section 80: Interim undertakings

Section 81: Interim orders

Section 82: Final undertakings

Section 84: Final orders

Section 103: Duty of expedition in relation to references

Section 104: Certain duties of relevant authorities to consult

Section 105: General information duties of OFT and Commission

Section 106: Advice and information about references

Section 107: Further publicity requirements

Section 109: Attendance of witnesses and production of documents etc.

Section 110A: Restriction on powers to impose penalties under section 110

30A

Section 110A has effect as if ... in subsections (5) and (6), for “section 22 , 33, 68B or 68C” there were substituted “section 32(a) or (b) of the 1991 Act”.

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 117: False or misleading information

Section 120: Review of decisions under Part 3

Section 122: Primacy of EU law

Section 127: Associated persons

Section 129: Other interpretation provisions

Section 34ZA: Time-limits for decisions about references

10ZA

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

• (a) in subsection (1)—

• (i) in the words before paragraph (a), for “section 22(1) or 33(1)” 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)”;

• (aa) subsection (1A) were omitted;

• (b) in subsection (2)—

• (i) in the words before paragraph (a), for “section 22(1) or 33(1)” 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) subsection 4 were omitted.

Section 34ZB: Extension of time-limits

10ZB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

10ZC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 34C: functions to be exercised by CMA groups

Sections 35 to 36: Questions to be decided in relation to mergers

Section 37: Cancellation and variation of references

Section 38: Investigations and reports on references

Section 39: Time-limits for investigations and reports

Section 40: Section 39: supplementary

Section 41: Duty to remedy effects of completed or anticipated mergers

Section 71: Initial undertakings: completed mergers

Section 72: Initial enforcement orders: completed or anticipated mergers

Section 73A: Time-limits for consideration of undertakings

17A

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

• (a) in subsection (1)—

• (i) in the words before paragraph (a), for “section 73(2) or (3B)” there were substituted “section 33D(1) of the 1991 Act”; and

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (2)—

• (i) for “the purposes of section 73(2) or (3B)” there were substituted “those purposes”; and

• (ii) in paragraph (a) for “section 73(2) or (3B)” 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) 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(2)” there were substituted “section 33D of the 1991 Act”; ...

• (ba) subsection (1A) were omitted;

• (bb) in subsection (2), for “Subsections (1) and (1A) do not” there were substituted “Subsection (1) does not”; 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) 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(2) or (3B)” there were substituted “section 33D of the 1991 Act”;

• (c) in subsection (2), for “section 73(2) or (3B) (as the case may be)” there were substituted “section 33D(2) of the 1991 Act”; and

• (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.

Section 77: Restrictions on certain dealings: completed mergers

Section 78: Restrictions on certain share dealings: anticipated mergers

Section 79: Sections 77 and 78: further interpretation provisions

Section 80: Interim undertakings

Section 81: Interim orders

Section 82: Final undertakings

Section 84: Final orders

Section 89: Subject-matter of undertakings

24A

Section 89 (subject-matter of undertakings) has effect as if for subsection (2) there were substituted—

(2) In this Part “enforcement undertaking” means an undertaking under section 33D of the 1991 Act or an undertaking under section 80 or 82.

Section 103: Duty of expedition in relation to references

Section 103: Duty of expedition in relation to references

25A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 104: Certain duties of relevant authorities to consult

Section 105: General information duties of OFT and Commission

Section 106: Advice and information about references under section 22, 33, 68B or 68C

Section 107: Further publicity requirements

Section 108: Defamation

29A

Section 108 (defamation) has effect as if after “under this Part” there were inserted “or sections 32 to 35 of the 1991 Act”.

Section 109: Attendance of witnesses and production of documents etc.

Section 110A: Restriction on powers to impose penalties under section 110

Section 110B: Section 110A: supplementary provision

30B

Section 110B (section 110A: supplementary provision) has effect as if—

• (a) in subsection (1)—

• (i) in the words before paragraph (a), for “section 22 , 33, 68B or 68C”, there were substituted “section 32(a) or (b) of the 1991 Act”; and

• (ii) in paragraphs (b) and (c), for “section 73”, there were substituted “section 33D of the 1991 Act”; ...

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (2)—

• (i) in the words before paragraph (a), for “section 22 , 33, 68B or 68C”, there were substituted “section 32(a) or (b) of the 1991 Act”; and

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) subsections (3) to (6) were omitted.

Section 117: False or misleading information

Section 119: Minority reports of CMA

31A

Section 119 (minority reports of CMA) has effect as if, in subsection (1), for “this Part” there were substituted “section 32 of the 1991 Act”.

Section 120: Review of decisions under Part 3

Section 122: Primacy of EU law

Section 127: Associated persons

Section 129: Other interpretation provisions

Schedule 10: procedural requirements for certain enforcement undertakings and orders

36

Schedule 10 (procedural requirements for certain enforcement undertakings and orders) has effect as if, in paragraphs 1(a) and 6(a), for “section 73 or 82 or paragraph 3 or 9 of Schedule 7” there were substituted “section 33D of the 1991 Act or section 82 of, or paragraph 3 or 9 of Schedule 7 to, this Act”.

Review

37

• (1) The Secretary of State must—

• (a) carry out reviews of these Regulations; and

• (b) for each review, publish a report setting out the conclusions of the review.

• (2) The reports must, in particular—

• (a) set out the objectives intended to be achieved by these Regulations;

• (b) assess the extent to which those objective are achieved; and

• (c) assess whether those objectives remain appropriate, and if so, the extent to which they could be achieved with a system that imposes less regulation.

• (3) The first report must be published by 17th December 2020.

• (4) Subsequent reports must be published at intervals not exceeding five years.

Section 109B: Extra-territorial application of notices under section 109

30ZA

Section 109B (extra-territorial application of notices under section 109) has effect as if, in subsection (3)(a), for the words from “section 22, 33, 45, 62, 62B or 68C” to “section 70A(1),” there were substituted “section 32(a) or (b) of the 1991 Act”.

Section 110: Enforcement of powers under section 109: imposition of penalties

30ZB

Section 110 (enforcement of powers under section 109: imposition of penalties) has effect as if—

• (a) in subsection (1A)(a) and (b), after the word “Part” there were inserted “or section 32 of the 1991 Act”;

• (b) in subsection (1B), paragraphs (b) and (c) were omitted; and

• (c) in subsection (9), paragraph (b) were omitted.

Section 110A: Restriction on powers to impose penalties under section 110

Section 110B: Section 110A: supplementary provision

Section 117: False or misleading information

Section 119: Minority reports of CMA

Section 120: Review of decisions under Part 3

Section 122: Primacy of EU law

Section 127: Associated persons

Section 129: Other interpretation provisions

Schedule 10: procedural requirements for certain enforcement undertakings and orders

Review