{
  "url": "https://openlegislation.uk/enterprise-act-2002-merger-fees-and-determination-of-turnover-order-2003/article-4",
  "json_url": "https://openlegislation.uk/enterprise-act-2002-merger-fees-and-determination-of-turnover-order-2003/article-4.json",
  "legislation": "uksi/2003/1370",
  "legislation_title": "The Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003",
  "legislation_url": "https://openlegislation.uk/enterprise-act-2002-merger-fees-and-determination-of-turnover-order-2003",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Circumstances in which certain fees are not payable",
  "text": "(1) Except where the decision in respect of which a fee is payable under article 3(b) or (c) is made in relation to arrangements or proposed arrangements of which the CMA was given notice under section 96 of the Act, a fee shall not be payable under article 3(b) or (c) where the creation or possible creation of the relevant merger situation depends or would depend on the operation of section 26(3) or (4)(b) of the Act.\n(2) A fee shall not be payable under article 3(b) in relation to arrangements that are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation, where the CMA decides pursuant to section 33(2)(b) or 68C(2)(a) of the Act that the arrangements concerned are not sufficiently far advanced, or are not sufficiently likely to proceed, to justify the making of a merger reference.\n(3) A fee shall not be payable under article 3(d)—\n(a) where the merger or prospective merger of two or more water enterprises depends or would depend on the operation of section 26(3) or (4)(b) of the Act; or\n(b) in relation to arrangements of a kind specified in paragraph (4), where the CMA decides pursuant to section 33A(1)(a) of the Water Industry Act 1991 that they are not sufficiently far advanced, or are not sufficiently likely to proceed, to justify the making of a merger reference.\n(4) The arrangements are those in progress or in contemplation which, if carried into effect, will result in a merger of any two or more water enterprises.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 4(1) substituted (1.4.2014) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2014 (S.I. 2014/534), arts. 1, 5(a) (with art. 12)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 4(2) substituted (1.4.2014) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2014 (S.I. 2014/534), arts. 1, 5(b) (with art. 12)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in art. 4(2) inserted (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), 5"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Art. 4(3)(4) inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 24 (with reg. 25)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 4 in force at 20.6.2003, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/1370/article/4",
    "retrieved_at": "2026-10-29T06:23:41.640411+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}