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23. For paragraph (d) of article 3 (matters in respect of which fees are payable) substitute—
“(d)subject to article 4(3) and (4), the decision by the CMA in relation to a possible merger reference under section 32(a) or (b) of the Water Industry Act 1991 that it is or may be the case—
(i)that arrangements are in progress which, if carried into effect, will result in a merger of any two or more water enterprises; or
(ii)that such a merger has taken place otherwise than as a result of the carrying into effect of arrangements that have been the subject of a reference by virtue of sub-paragraph (i) above.”.
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