National Security and Investment Act 2021

This section has no associated Explanatory Notes

2(1)Section 23 (relevant merger situations) is amended as follows.U.K.

(2)For subsections (1) and (2) substitute—

(1)For the purposes of this Part, a relevant merger situation has been created if—

(a)two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; and

(b)the value of the turnover in the United Kingdom of the enterprise being taken over exceeds £70 million.

(2)For the purposes of this Part, a relevant merger situation has also been created if—

(a)two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; and

(b)as a result, one or both of the conditions mentioned in subsections (3) and (4) below prevails or prevails to a greater extent.

(3)Omit subsections (2A), (4A) and (4B).

(4)In subsection (5), for “(3), (4), (4A) or (4B)” substitute “ (3) or (4) ”.

(5)In subsection (6), for “(3), (4), (4A) and (4B)” substitute “ (3) and (4) ”.

(6)Omit subsection (10).

Commencement Information

I1Sch. 2 para. 2 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)