Article 5 Amount of feesI1

United Kingdom

(1)

The amount of the fee payable under F1article 3(b) or (c) shall be—

(a)

where the value of the turnover in the United Kingdom of the enterprise which has been taken over or (as the case may be) which it is proposed or contemplated should be taken over, does not exceed £20 million, F2£40,000;

(b)

where the value of such turnover exceeds £20 million but does not exceed £70 million, F3£80,000;

(c)

where the value of such turnover exceeds £70 million F4but does not exceed £120 million, £120,000;

F5(d)

where the value of such turnover exceeds £120 million, £160,000.

(2)

For the purposes of F6paragraph (1) the value of the turnover in the United Kingdom of the enterprise which has been taken over or (as the case may be) which it is proposed or contemplated should be taken over, shall be determined by taking the total value of the turnover in the United Kingdom of the enterprises which cease to be distinct enterprises and deducting—

(a)

the turnover in the United Kingdom of any enterprise which continues to be carried on under the same ownership and control; or

(b)

if no enterprise continues to be carried on under the same ownership and control, the turnover in the United Kingdom which, of all the turnovers concerned, is the turnover of the highest value.

(3)

For the purposes of F7paragraph (2) the turnover in the United Kingdom of an enterprise shall be determined in accordance with article 11(2) to (4).

F8(3A)

For the purpose of determining the amount of the fee payable under article 3(b) for decisions made in relation to a possible reference under section 68B or 68C of the Act including as part of a combined reference described in section 68E(1) of the Act, paragraphs (1) to (3) of this article have effect as if references to the United Kingdom were to Great Britain.

(3B)

The amount of fee payable under article 3(b) for a decision made in relation to a combined reference described in section 68E(1) of the Act is—

(a)

in relation to a combined reference described in section 68E(1)(a) of the Act, the sum of the amounts that would have been payable under article 3(b) for—

(i)

a decision made in relation to a possible reference under section 22 of the Act; and

(ii)

a decision made in relation to a possible reference under section 68B of the Act;

(b)

in relation to a combined reference described in section 68E(1)(b) of the Act, the sum of the amounts that would have been payable under article 3(b) for—

(i)

a decision made in relation to a possible reference under section 33 of the Act; and

(ii)

a decision made in relation to a possible reference under section 68C of the Act.

F9(4)

The amount of the fee payable under article 3(d) shall be—

(a)

where the value of the turnover in England and Wales of the water enterprise which has been taken over or (as the case may be) which it is proposed should be taken over, does not exceed £20 million, F10£40,000;

(b)

where the value of such turnover exceeds £20 million but does not exceed £70 million, F11£80,000;

(c)

where the value of such turnover exceeds £70 million F12but does not exceed £120 million, £120,000;

(F13d)

where the value of such turnover exceeds £120 million, £160,000.

(5)

For the purposes of paragraph (4) the value of the turnover in England and Wales of the water enterprise which has been taken over or (as the case may be) which it is proposed should be taken over, shall be determined by taking the total value of the turnover of the water enterprises ceasing to be distinct enterprises and deducting—

(a)

the turnover of any water enterprise continuing to be carried on under the same ownership and control; or

(b)

if there is no water enterprise continuing to be carried on under the same ownership and control, the turnover which, of all the turnovers concerned, is the turnover of the highest value.

(6)

For the purposes of paragraph (5) the turnover in England and Wales of a water enterprise shall be determined in accordance with the Regulations made pursuant to section 33(4) of the Water Industry Act 1991.

Annotations

Textual amendments

F1: Words in art. 5(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, 6 (with art. 12)
F2: Sum in art. 5(1)(a) substituted (1.10.2012) by The Enterprise Act 2002 (Merger Fees) (Amendment and Revocation) Order 2012 (S.I. 2012/1878), arts. 1(1), 2(2) (with art. 1(2))
F3: Sum in art. 5(1)(b) substituted (1.10.2012) by The Enterprise Act 2002 (Merger Fees) (Amendment and Revocation) Order 2012 (S.I. 2012/1878), arts. 1(1), 2(3) (with art. 1(2))
F4: Words in art. 5(1)(c) substituted (1.10.2012) by The Enterprise Act 2002 (Merger Fees) (Amendment and Revocation) Order 2012 (S.I. 2012/1878), arts. 1(1), 2(4) (with art. 1(2))
F5: Art. 5(1)(d) inserted (1.10.2012) by The Enterprise Act 2002 (Merger Fees) (Amendment and Revocation) Order 2012 (S.I. 2012/1878), arts. 1(1), 2(5) (with art. 1(2))
F6: Words in art. 5(2) substituted (29.12.2004) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2004 (S.I. 2004/3204), arts. 1, 2(4)(b)
F7: Words in art. 5(3) substituted (29.12.2004) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2004 (S.I. 2004/3204), arts. 1, 2(4)(c)
F8: Arts. 5(3A), (3B) 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), 6
F9: Art. 5(4)-(6) inserted (29.12.2004) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2004 (S.I. 2004/3204), arts. 1, 2(4)(d)
F10: Sum in art. 5(4)(a) substituted (1.10.2012) by The Enterprise Act 2002 (Merger Fees) (Amendment and Revocation) Order 2012 (S.I. 2012/1878), arts. 1(1), 2(6) (with art. 1(2))
F11: Sum in art. 5(4)(b) substituted (1.10.2012) by The Enterprise Act 2002 (Merger Fees) (Amendment and Revocation) Order 2012 (S.I. 2012/1878), arts. 1(1), 2(7) (with art. 1(2))
F12: Words in art. 5(4)(c) substituted (1.10.2012) by The Enterprise Act 2002 (Merger Fees) (Amendment and Revocation) Order 2012 (S.I. 2012/1878), arts. 1(1), 2(8) (with art. 1(2))
F13: Art. 5(4)(d) inserted (1.10.2012) by The Enterprise Act 2002 (Merger Fees) (Amendment and Revocation) Order 2012 (S.I. 2012/1878), arts. 1(1), 2(9) (with art. 1(2))

Commencement

I1: Art. 5 in force at 20.6.2003, see art. 1