In this Chapter (including Schedule 4ZA)—

• “enterprise” has the same meaning as in Part 3 of the 2002 Act; and

• “water enterprise” means an enterprise carried on by a F2relevant undertaker.

References in this Chapter (including Schedule 4ZA), 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 3 of the 2002 Act, to be distinct enterprises; and sections 27 and 29 of that Act and any provision made under section 34 of that Act (time at which enterprises cease to be distinct) shall have effect for the purposes of this Chapter (including Schedule 4ZA) as they have effect for the purposes of that Part.

Nothing in sections 32 to 34 above (including Schedule 4ZA) shall prejudice any power of the F3CMA or the Secretary of State, in a case in which, or to any extent to which, the F3CMA is not required to make a reference under section 32 above, to make a reference under Part 3 of the 2002 Act in respect of any actual or prospective merger of two or more water enterprises.

Where two or more enterprises have merged or will merge as part of transactions or arrangements which also involve an actual or prospective merger of two or more water enterprises, Part 3 of the 2002 Act shall apply in relation to the actual or prospective merger of the enterprises concerned excluding the water enterprises; and references in that Part to the creation of a relevant merger situation shall be construed accordingly.

Subject to subsections (3) and (4), Part 3 of the 2002 Act shall not apply in a case in which the F4CMA is required to make a reference under section 32 above except as applied by virtue of Schedule 4ZA.