SCHEDULE 6 Schedule to be Inserted in the Water Industry Act 1991
Enterprise Act 2002 (2002 c 40) | Legislation

SCHEDULE 6 Schedule to be Inserted in the Water Industry Act 1991

Section 70

“SCHEDULE 4ZA
Application of Provisions of Enterprise Act 2002 to Mergers of Water Enterprises
Section 34
1

Part 3 of the 2002 Act (and any other provisions of that Act so far as relating to that Part) shall apply, with such prescribed modifications as the Secretary of State considers to be necessary or expedient, in relation to water mergers and merger references under section 32 of this Act as it applies in relation to relevant merger situations and references under Part 3 of that Act.

2

The modifications made by virtue of paragraph 1 above shall include modifications to give effect to paragraphs 3 to 6 below.

3

(1)     The first questions to be decided by the Competition Commission on a merger reference under section 32(a) of this Act shall be—

(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)

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