(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.
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)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.
Textual Amendments
F1S. 35(3) repealed (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), ss. 39(2)(3), 56(7), Sch.2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I
Modifications etc. (not altering text)
C1S. 35(4) modified (temp.) (28.5.2003) by The Enterprise Act 2002 (Commencement No. 3, Transitional and Transitory Provisions and Savings) Order 2003 (S.I. 2003/1397), art. 3(3)