[F132 Duty to refer merger of water or sewerage undertakings.E+W
[F2Subject to sections 33 and 33A below,] it shall be the duty of the [F3CMA to make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes] that it is or may be the case—
(a)that arrangements are in progress which, if carried into effect, will result in a merger of any two or more water enterprises; or
(b)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) above.]
Textual Amendments
F1Ss. 32-35 substituted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(1), 279; S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F2Words in s. 32 substituted (18.12.2015) by Water Act 2014 (c. 21), ss. 14(1), 94(3); S.I. 2015/1938, art. 2(d)
F3Words in s. 32 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. 85 (with art. 3)