Article 3 Matters in respect of which fees are payableI1

United Kingdom

A fee of the amount specified in Article 5 shall be payable in respect of—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

subject to article 4(1) and (2), the decision by the F2CMA in relation to a possible reference under section F322, 33, 68B or 68C of the Act 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)

subject to article 4(1), the decision by the Secretary of State in relation to a possible reference under section 45 of the Act 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;

F4(d)

subject to article 4(3) and (4), the decision by the CMA in relation to a possible merger reference under section 32(a) or (b) of the Water Industry Act 1991 that it is or may be the case—

(i)

that arrangements are in progress which, if carried into effect, will result in a merger of any two or more water enterprises; or

(ii)

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 sub-paragraph (i) above.

Annotations

Textual amendments

F1: Art. 3(a) omitted (1.4.2014) by virtue of The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2014 (S.I. 2014/534), arts. 1, 4(a) (with art. 12)
F2: Word in art. 3(b) substituted (1.4.2014) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2014 (S.I. 2014/534), arts. 1, 4(b) (with art. 12)
F3: Words in art. 3(b) substituted (6.12.2023) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023 (S.I. 2023/1185), arts. 1(2), 4
F4: Art. 3(d) substituted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 23 (with reg. 25)

Commencement

I1: Art. 3 in force at 20.6.2003, see art. 1