[F13(1)The first questions to be decided by the [F2CMA] 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 [F3the Authority], in carrying out [F3its] functions by virtue of this Act, to make comparisons between different water enterprises.
(2)The first questions to be decided by the [F2CMA] 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 [F3the Authority], in carrying out [F3its] functions by virtue of this Act, to make comparisons between different water enterprises.
(3)Any decision of the [F4CMA] 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 [F5under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .
(4)Any decision of the [F4CMA] on a merger reference under section 32(a) of this Act that a water merger may be expected to prejudice the ability of [F3the Authority], in carrying out [F3its] 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 [F3the Authority] if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F5under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .
(5)Any decision of the [F4CMA] 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 [F5under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .
(6)Any decision of the [F4CMA] 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 [F3the Authority], in carrying out [F3its] 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 [F3the Authority] if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F5under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .]
Textual Amendments
F1Sch. 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)
F2Word 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)
F3Words 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)
F4Word 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)
F5Words 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)