2020 No. 763
The Enterprise Act 2002 (Turnover Test) (Amendment) Order 2020
Made
Laid before Parliament
Coming into force in accordance with article 1(2)
The Secretary of State makes this Order in exercise of the powers conferred by sections 28(6) and 124(2) of the Enterprise Act 2002 M1.
Citation, commencement and applicationI11
1
This Order may be cited as the Enterprise Act 2002 (Turnover Test) (Amendment) Order 2020.
2
This Order comes into force immediately after the commencement of the Enterprise Act 2002 (Share of Supply) (Amendment) Order 2020 M2.
3
The amendments made by article 2 apply only in relation to cases where enterprises cease to be distinct after the commencement of this Order.
Amendment of the Enterprise Act 2002I22
1
Section 23 of the Enterprise Act 2002 M3 is amended as follows.
2
For paragraph (b) of subsection (1) and the words following that paragraph substitute—
b
the value of the turnover in the United Kingdom of the enterprise being taken over exceeds—
i
£70 million; or
ii
£1 million, where the value of the turnover does not exceed £70 million and in the course of the enterprises ceasing to be distinct, a person or group of persons has brought a relevant enterprise (within the meaning of either subsection (2) or (3) of section 23A) under the ownership or control of the person or group.
Consequential amendmentI33
In article 7(3) of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 M4, for the words from “any such result as is mentioned in section 23(2)(b)” to “will arise” substitute, “for the purpose of section 23(2)(b), the share of supply test is or will be met”.
2002 c. 40; section 28 was amended by paragraphs 59 and 71 of Part 2 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and section 124(3) was amended by paragraph 24(1) and (2) of Schedule 16 to the Communications Act 2003 (c. 21).