Explanatory Notes

Water Act 2014

2014 CHAPTER 21

14 May 2014

Commentary

Part 1.Water Industry

Chapter 2.Water and Sewerage Undertakers
Duty of CMA to refer mergers of relevant undertakers
Section 15: Exclusion of small mergers: advice of CMA on threshold

116.This section introduces a duty on the CMA to keep under review, and advise the Secretary of State on, the turnover threshold at which, and conditions on which, any anticipated or actual mergers between undertakers become subject to the special merger regime.

117.The current threshold is set at £10 million and this is applied where the turnover of one or both undertakers is £10 million or more. The Government’s intention is that the advice of the CMA will assist the Secretary of State in deciding whether to change the threshold and conditions using existing powers under section 33(7) of the WIA.