Part II E+W APPOINTMENTMENT AND REGULATION OF UNDERTAKERS

CHAPTER III E+W PROTECTION OF CUSTOMERS ETC..

Provisions with respect to competition E+W

[F1 32 Duty to refer merger of water or sewerage undertakings. E+W

[F2 Subject to sections 33 and 33A below,] it shall be the duty of the [F3 CMA to make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes] that it is or may be the case—

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

(b) 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 paragraph (a) above.]

Textual Amendments

F1 Ss. 32-35 substituted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(1), 279; S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F2 Words in s. 32 substituted (18.12.2015) by Water Act 2014 (c. 21), ss. 14(1), 94(3); S.I. 2015/1938, art. 2(d)

F3 Words in s. 32 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. 85 (with art. 3)