The Water Mergers (Miscellaneous Amendments) Regulations 2015

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.

Section 34ZA: Time-limits for decisions about references10ZA

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-limits10ZB

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

Section 34ZC: Sections 34ZA and 34ZB: supplementary10ZC

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

Section 73A: Time-limits for consideration of undertakings17A

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 7317B

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 etc17C

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) of section 33D of the 1991 Act shall apply for the purposes of subsection (2) above as they apply for the purposes of subsection (1) of that section.

Section 89: Subject-matter of undertakings24A

Section 89 (subject-matter of undertakings)13 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 references25A

Section 103 (duty of expedition in relation to references) has effect as if in subsection (1), after “making and determining references under this Part” there were inserted “or under sections 32 to 35 of the 1991 Act”.

a

in sub-paragraph (i) of paragraph (a), for “section 22 or 33 or accept undertakings under section 73” there were substituted “section 32(a) or (b) of the 1991 Act or accept undertakings under section 33D of that Act”; and

a

for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”; and

Section 106: Advice and information about references under sections 22 and 3328

Section 106 (advice and information about references under sections 22 and 33) has effect as if—

a

in the heading, for “sections 22 and 33” there were substituted “section 32 of the 1991 Act”;

b

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

c

in subsection (6), after “a function conferred by this Part” there were inserted “or by sections 32 to 35 of the 1991 Act”.

Section 108: Defamation29A

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

Section 110B: Section 110A: supplementary provision30B

Section 110B (section 110A: supplementary provision)14 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”;

ii

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

iii

paragraph (e) were omitted;

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

paragraph (e) were omitted; and

c

subsections (3) to (6) were omitted.

Section 119: Minority reports of CMA31A

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”.

Schedule 10: procedural requirements for certain enforcement undertakings and orders36

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”.

Review37

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.

d

subject to article 4(3) and (4), the decision by the CMA in relation to a possible merger reference under section 32(a) or (b) of the Water Industry Act 1991 that it is or may be the case—

i

that arrangements are in progress which, if carried into effect, will result in a merger of any two or more water enterprises; or

ii

that such a merger has taken place otherwise than as a result of the carrying into effect of arrangements that have been the subject of a reference by virtue of sub-paragraph (i) above.

3

A fee shall not be payable under article 3(d)—

a

where the merger or prospective merger of two or more water enterprises depends or would depend on the operation of section 26(3) or (4)(b) of the Act; or

b

in relation to arrangements of a kind specified in paragraph (4), where the CMA decides pursuant to section 33A(1)(a) of the Water Industry Act 199115 that they are not sufficiently far advanced, or are not sufficiently likely to proceed, to justify the making of a merger reference.

4

The arrangements are those in progress or in contemplation which, if carried into effect, will result in a merger of any two or more water enterprises.