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Enterprise Act 2002
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101Merger notices: regulations
This section has no associated Explanatory Notes
(1)The Secretary of State may make regulations for the purposes of sections 96 to 100.
(2)The regulations may, in particular—
(a)provide for section 97(1), (2), (3) or (4) or section 100(1)(e) to apply as if any reference to a period of days or months were a reference to a period specified in the regulations for the purposes of the enactment concerned;
(b)provide for the manner in which any merger notice is authorised or required to be rejected or withdrawn, and the time at which any merger notice is to be treated as received or rejected;
(c)provide for the time at which any notice under section 97(7), (8)(b), (11) or (13) is to be treated as received;
(d)provide for the manner in which any information requested by the OFT or any other material information is authorised or required to be provided or disclosed, and the time at which such information is to be treated as provided or disclosed (including the time at which it is to be treated as provided to the satisfaction of the OFT for the purposes of section 97(6));
(e)provide for the person who gave the merger notice to be informed, in circumstances in which section 97(6) applies—
(i)of the fact that the OFT is satisfied as to the provision of the information requested by the OFT or (as the case may be) of the OFT’s decision to cancel the extension; and
(ii)of the time at which the OFT is to be treated as so satisfied or (as the case may be) of the time at which the cancellation is to be treated as having effect;
(f)provide for the person who gave the merger notice to be informed, in circumstances in which section 97(8) applies—
(i)of any decision by the OFT to cancel the extension; and
(ii)of the time at which such a cancellation is to be treated as having effect;
(g)provide for the time at which any fee is to be treated as paid;
(h)provide that a person is, or is not, to be treated, in such circumstances as may be specified in the regulations, as acting on behalf of a person authorised by regulations under this section to give a merger notice or a person who has given such a notice.
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