Part VU.K. Mergers

Modifications etc. (not altering text)

C1Pt. V (ss. 57–77) restricted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 30(4)

C2Pt. V (ss. 57–77) applied (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 29(9)(b), 30(6)

C3Pt. V (ss. 57-77) restricted (E.W.) (01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 34(4), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6).

C4Pt. V (ss. 57-77 ) applied (E.W.) (01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 35(2), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6).

[F1 Restriction on power to make merger reference where prior notice has been givenU.K.

Textual Amendments

F1Ss. 75A–75F inserted by Companies Act 1989 (c. 40, SIF 27), s. 146

75A General rule where notice given by acquirer and no reference made within period for considering notice.U.K.

(1)Notice may be given to the Director by a person authorised by regulations to do so of proposed arrangements which might result in the creation of a merger situation qualifying for investigation.

(2)The notice must be in the prescribed form and state that the existence of the proposal has been made public.

(3)If the period for considering the notice expires without any reference being made to the Commission with respect to the notified arrangements, no reference may be made under this Part of this Act to the Commission with respect to those arrangements or to the creation or possible creation of any merger situation qualifying for investigation which is created in consequence of carrying those arrangements into effect.

(4)Subsection (3) of this section is subject to sections 75B(5) and 75C of this Act.

(5)A notice under subsection (1) of this section is referred to in sections 75B to 75F of this Act as a “merger notice”.]

Modifications etc. (not altering text)