Part II APPOINTMENTMENT AND REGULATION OF UNDERTAKERS

CHAPTER III PROTECTION OF CUSTOMERS ETC..

Provisions with respect to competition

35 Construction of merger provisions.

1

In this Chapter-

  • enterprise” has the meaning given for the purposes of sections 64 to 77 of the 1973 Act by section 63(2) of that Act; and

  • water enterprise” means an enterprise carried on by a relevant undertaker.

2

References in this Chapter, in relation to any two or more enterprises, to the merger of those enterprises are references to those enterprises ceasing, within the meaning of Part V of the 1973 Act, to be distinct enterprises; and sections 66 and 66A of that Act (time at which enterprises cease to be distinct) shall have effect for the purposes of this Chapter as they have effect for the purposes of that Part.

F13

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C14

Nothing in sections 32 to 34 above shall prejudice any power of the Secretary of State, in a case in which he is not required to make a reference under section 32 above, to make a merger reference under Part V of the 1973 Act in respect of any actual or prospective merger of two or more water enterprises.