Enterprise Act 2002 (c. 40)

Part 3 U.K. Mergers

Modifications etc. (not altering text)

C1 Pt. 3 (ss. 22-130) modified (20.6.2003) by 1998 c. 41, Sch. 7 para. 20(3) (as substituted by Enterprise Act 2002 (c. 40), ss. 185, 279, {Sch. 11 para. 11(2)-(4)(8)}; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C2 Pt. 3 applied (with modifications) (29.12.2004) by Water Industry Act 1991 (c. 56), Sch. 4ZA paras. 1, 2 (as inserted by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6); S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

C3 Pt. 3 (ss. 22-130) applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17M(4) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)

C4 Pt. 3 applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17Q(9) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)

C5 Pt. 3 applied in part (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 23(4), 27(9); S.R. 2007/194, art. 2(2), Sch. 1 Pt. 2 (with Sch. 2)

C6 Pt. 3 excluded in part (29.9.2008) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), arts. 1(2), 40

C7 Pt. 3 modified (1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 79, 306(4); S.I. 2012/1319, art. 2(3)

C8 Pt. 3 modified (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 56; S.I. 2014/416, art. 2(1)(c) (with Sch.)

C9 Pt. 3 modified (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 4 paras. 28-33; 2020 c. 1, Sch. 5 para. 1(1)

C10 Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56E(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(f), 36(2))

C11 Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56A(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(f), 36(2))

C12 Pt. 3 modified (1.7.2022) by 2006 c. 41, s. 72A (as inserted by Health and Care Act 2022 (c. 31), ss. 83(1), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))

C13 Pt. 3 modified (E.W.) (29.12.2004) by The Water Mergers (Modification of Enactments) Regulations 2004 (S.I. 2004/3202), regs. 2-35 (as amended (1.4.2014) by S.I. 2014/549, art. 1(1), Sch. 1 para. 22 (with art. 3); (18.12.2015) by S.I. 2015/1936, regs. 1, 3-20; (6.12.2023) by S.I. 2023/1185, arts. 1(2), 9-27)

Chapter 5 U.K. Supplementary

Miscellaneous U.K.

121 Fees U.K.

(1) The Secretary of State may by order require the payment to him or the [F1 CMA of] such fees as may be prescribed by the order in connection with the exercise by the Secretary of State, the [F2 CMA and OFCOM] of their functions under or by virtue of this Part, F3 . . . and sections 32 to 34 of, and Schedule 4ZA to, the Water Industry Act 1991 (c. 56).

(2) An order under this section may, in particular, provide for fees to be payable—

(a) in respect of a merger notice;[F4 or]

(b) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) on the occurrence of any event specified in the order.

(3) The events that may be specified in an order under this section by virtue of subsection (2)(c) include, in particular—

(a) the decision by the [F6 CMA] in relation to a possible reference under section 22 [F7 , 33, 68B or 68C] that it is or may be the case that a relevant merger situation has been created or (as the case may be) that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation;

(b) the decision by the Secretary of State in relation to a possible reference under section 45 that it is or may be the case that a relevant merger situation has been created or (as the case may be) that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation;

(c) the decision by the Secretary of State in relation to a possible reference under section 62 that—

(i) it is or may be the case that a special merger situation has been created or (as the case may be) that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a special merger situation; and

(ii) one or more than one consideration mentioned in the special intervention notice is relevant to a consideration of the special merger situation concerned; and

(d) the decision by the [F6 CMA] in relation to a possible reference under section 32 of the Act of 1991 that it is or may be the case that arrangements are in progress which, if carried into effect, will result in a merger of any two or more water enterprises or 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 paragraph (a) of that section.

(4) An order under this section may, in particular, contain provision—

(a) for ascertaining the persons by whom fees are payable;

(b) specifying whether any fee is payable to the Secretary of State or the [F6 CMA];

(c) for the amount of any fee to be calculated by reference to matters which may include—

(i) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) F9 . . . , the value of the turnover of the enterprises concerned;

(d) as to the time when any fee is to be paid; and

(e) for the repayment by the Secretary of State or the [F6 CMA] of the whole or part of any fee in specified circumstances.

(5) For the purposes of subsection (4)(c)(ii) the turnover of an enterprise shall be determined in accordance with such provisions as may be specified in an order under this section.

(6) Provision made by virtue of subsection (5) may, in particular, include provision—

(a) as to the amounts which are, or which are not, to be treated as comprising an enterprise’s turnover;

(b) as to the date or dates by reference to which an enterprise’s turnover is to be determined;

(c) restricting the turnover to be taken into consideration to turnover which has a connection of a particular description with the United Kingdom.

(7) An order under this section may, in particular, in connection with provisions of the kind mentioned in subsection (5) make provision enabling the Secretary of State or the [F10 CMA] to determine matters of a description specified in the order (including any of the matters mentioned in paragraphs (a) to (c) of subsection (6)).

(8) In determining the amount of any fees to be prescribed by an order under this section, the Secretary of State may take into account all costs incurred by him and by the [F11 CMA in] respect of the exercise by him, the [F12 CMA and OFCOM] of their respective functions under or by virtue of this Part F13 . . . and sections 32 to 34 of, and Schedule 4ZA to, the Act of 1991.

(9) Fees paid to the Secretary of State or the [F14 CMA] under this section shall be paid into the Consolidated Fund.

(10) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 121(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 156(2)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Words in s. 121(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 156(2)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Words in s. 121(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 406, 411(2)(3), Sch. 16 para. 23(2)(b), Sch. 19(1) (with transitional provisions in Sch. 18 and Note 1 Sch. 19); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)

F4 Word in s. 121(2)(a) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 411(2)(3), Sch. 16 para. 23(3)(a) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)

F5 S. 121(2)(b) and word repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 406, 411(2)(3), Sch. 16 para. 23(3)(b), Sch. 19(1) (with transitional provisions in Sch. 18 and Sch. 19 Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)

F6 Word in s. 121(3)(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 156(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7 Words in s. 121(3)(a) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 30

F8 S. 121(4)(c)(i) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 406, 411(2)(3), Sch. 16 para. 23(4)(a)(b), Sch. 19(1) (with transitional provisions in Sch. 18 and Sch. 19 Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)

F9 Words in s. 121(4)(c)(ii) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 406, 411(2)(3), Sch. 16 para. 23(4)(c), Sch. 19(1) (with transitional provisions in Sch. 18 and Sch. 19 Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)

F10 Word in s. 121(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 156(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F11 Words in s. 121(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 156(4)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F12 Words in s. 121(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 156(4)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F13 Words in s. 121(8) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 406, 411(2)(3), Sch. 16 para. 23(5)(b), Sch. 19(1) (with transitional provisions in Sch. 18 and Sch. 19 Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)

F14 Word in s. 121(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 156(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F15 S. 121(10) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 406, 411(2)(3), Sch. 16 para. 23(6), Sch. 19(1) (with transitional provisions in Sch. 18 and Sch. 19 Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)