Prospective
6(1)Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows.U.K.
(2)For subsections (3) and (3A) substitute—
“(3)For the purposes of this Part, a special 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;
(b)no relevant merger situation has been created; and
(c)immediately before the enterprises concerned ceased to be distinct, one or more of the conditions mentioned in subsections (3C) to (3F) were satisfied.”
(3)After subsection (3D) insert—
“(3E)The condition mentioned in this subsection is that a relevant merger situation would have been created if, in subsection (1) of section 23—
(a)the “and” at the end of paragraph (a) were omitted;
(b)for paragraph (b) there were substituted—
“(b)one of the enterprises concerned is a media enterprise or a newspaper enterprise; and”;
(c)after that paragraph there were inserted—
“(c)the value of the turnover in the United Kingdom of the enterprise being taken over exceeds £70 million.”
(3F)The condition mentioned in this subsection is that a relevant merger situation would have been created if, for section 23(2)(c), there were substituted—
“(c)one of the enterprises concerned is a media enterprise or a newspaper enterprise.””
(4)In subsection (5), after “deciding” insert “whether two or more enterprises have ceased to be distinct at a time or in circumstances falling within section 24,”
(5)In subsection (6A), for the words from “amend” to the end substitute “—
(a)substitute a new sum for the sum for the time being mentioned in subsection (3E)(c);
(b)amend the conditions mentioned in subsections (3C), (3D), (3E)(b) and (3F).”
Commencement Information
I1Sch. 4 para. 6 not in force at Royal Assent, see s. 339(1)