The Water Mergers (Modification of Enactments) Regulations 2004

Sections 22 to 24: References in relation to completed mergers

4.  Part 3 of the 2002 Act has effect as if, for sections 22 to 24, there were substituted—

“References in relation to completed water mergers

22— (1) A reference under section 32(b) of the 1991 Act shall specify—

(a) the enactment under which it is made; and

(b) the date on which it is made.

(2) In this Part “the decision-making authority” means the OFT or (as the case may be) the Commission.

Water mergers

23— (1) For the purposes of this Chapter and Chapter 3 of Part 2 of the 1991 Act, the question whether a water merger has taken place shall be determined as at—

(a) in the case of a reference which is treated as having been made under section 32(b) of the 1991 Act by virtue of section 37(2), such time as the Commission may determine; and

(b) in any other case, immediately before the time when the reference has been, or is to be, made.

(2) In this Part—

(a) “water merger” means a merger of any two or more water enterprises;

(b) “water enterprise” means an enterprise carried on by a water undertaker or sewerage undertaker; and

(c) a reference to a merger of any two or more water enterprises is a reference to those enterprises ceasing to be distinct enterprises.

Time-limits for enforcement action

24— (1) No enforcement action shall be taken on a merger reference under section 32(b) of the 1991 Act in respect of an actual merger unless the reference was made within the period of four months beginning with whichever is the later of—

(a) the day on which the merger took place; and

(b) the day on which the material facts about the transactions which resulted in the merger first came to the attention of the OFT or were made public.

(2) In this section “made public” means so publicised as to be generally known or readily ascertainable.”.