Water Industry Act 1991

[F1 3 (1) The first questions to be decided by the [F2 CMA] on a merger reference under section 32(a) of this Act shall be— U.K.

(a) whether arrangements are in progress which, if carried into effect, will result in a water merger; and

(b) if so, whether that merger may be expected to prejudice the ability of [F3 the Authority], in carrying out [F3 its] functions by virtue of this Act, to make comparisons between different water enterprises.

(2) The first questions to be decided by the [F2 CMA] on a merger reference under section 32(b) of this Act shall be—

(a) whether a water merger has taken place; and

(b) if so, whether that merger has prejudiced, or may be expected to prejudice, the ability of [F3 the Authority], in carrying out [F3 its] functions by virtue of this Act, to make comparisons between different water enterprises.

(3) Any decision of the [F4 CMA] on a merger reference under section 32(a) of this Act that arrangements are in progress which, if carried into effect, will result in a water merger shall be treated as a decision that no arrangements are in progress which, if carried into effect, will result in a water merger if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F5 under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .

(4) Any decision of the [F4 CMA] on a merger reference under section 32(a) of this Act that a water merger may be expected to prejudice the ability of [F3 the Authority], in carrying out [F3 its] functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger may be expected not to prejudice that ability of [F3 the Authority] if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F5 under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .

(5) Any decision of the [F4 CMA] on a merger reference under section 32(b) of this Act that a water merger has taken place shall be treated as a decision that no water merger has taken place if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in [F5 under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .

(6) Any decision of the [F4 CMA] on a merger reference under section 32(b) of this Act that a water merger has prejudiced, or may be expected to prejudice, the ability of [F3 the Authority], in carrying out [F3 its] functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger has not prejudiced, or may be expected not to prejudice, that ability of [F3 the Authority] if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F5 under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .]

Textual Amendments

F1 Sch. 4ZA inserted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6; S.I. 2004/3233, art. 2, Sch. (with transititonal provisions and savings in arts. 3-5)

F2 Word in Sch. 4ZA para. 3(1)(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(4)(a) (with art. 3)

F3 Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)

F4 Word in Sch. 4ZA para. 3(3)-(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(4)(b)(i) (with art. 3)

F5 Words in Sch. 4ZA para. 3(3)-(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(4)(b)(ii) (with art. 3)