[F13(1)The first questions to be decided by the [F2CMA] on a merger reference under section 32(a) of this Act shall be—U.K.
(a)whether arrangements are in progress which, if carried into effect, will result in a water merger; and
(b)if so, whether that merger may be expected to prejudice the ability of the Director, in carrying out his functions by virtue of this Act, to make comparisons between different water enterprises.
(2)The first questions to be decided by the [F2CMA] on a merger reference under section 32(b) of this Act shall be—
(a)whether a water merger has taken place; and
(b)if so, whether that merger has prejudiced, or may be expected to prejudice, the ability of the Director, in carrying out his functions by virtue of this Act, to make comparisons between different water enterprises.
(3)Any decision of the [F3CMA] on a merger reference under section 32(a) of this Act that arrangements are in progress which, if carried into effect, will result in a water merger shall be treated as a decision that no arrangements are in progress which, if carried into effect, will result in a water merger if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F4under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .
(4)Any decision of the [F3CMA] on a merger reference under section 32(a) of this Act that a water merger may be expected to prejudice the ability of the Director, in carrying out his functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger may be expected not to prejudice that ability of the Director if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F4under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .
(5)Any decision of the [F3CMA] on a merger reference under section 32(b) of this Act that a water merger has taken place shall be treated as a decision that no water merger has taken place if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in [F4under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .
(6)Any decision of the [F3CMA] on a merger reference under section 32(b) of this Act that a water merger has prejudiced, or may be expected to prejudice, the ability of the Director, in carrying out his functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger has not prejudiced, or may be expected not to prejudice, that ability of the Director if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference [F4under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] .]
Textual Amendments
F1Sch. 4ZA inserted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6; S.I. 2004/3233, art. 2, Sch. (with transititonal provisions and savings in arts. 3-5)
F2Word in Sch. 4ZA para. 3(1)(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(4)(a) (with art. 3)
F3Word in Sch. 4ZA para. 3(3)-(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(4)(b)(i) (with art. 3)
F4Words in Sch. 4ZA para. 3(3)-(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(4)(b)(ii) (with art. 3)