Article 6 Person by whom fees are payableI1

United Kingdom

F1(1)

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 and the person who gave the notice still exists at the time when the fee is payable under article 9, the fee is payable by the person who gave the notice.

(2)

In any other case, the fee payable under article 3 is payable by the acquirer.

(3)

For the purposes of this article and article 7 “the acquirer” means the person, or group of persons, who has or have acquired or will, if those arrangements are carried into effect, acquire either—

(a)

a controlling interest in one of the enterprises which was or is involved in the creation or possible creation of a relevant merger situation F2or the merger or prospective merger of two or more water enterprises which is the subject of the merger reference or, as the case may be, the F3CMA’s or the Secretary of State’s decision not to make such a merger reference, and in which he or they did not previously have such an interest; or

(b)

in the case of such an enterprise carried on by a body corporate in which he or they did not previously have a controlling interest, a controlling interest in that body corporate.

(4)

In a case where paragraph (3) applies to more than one person, whether by virtue of them being treated as associated persons, as defined in section 127 of the Act, or otherwise, the persons to whom it applies shall be jointly and severally liable for the fee in that case.

F4(5)

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

Annotations

Textual amendments

F1: Art. 6(1)(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, 7(a) (with art. 12)
F2: Words in art. 6(3)(a) 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(5)(b)
F3: Word in art. 6(3)(a) substituted (1.4.2014) by The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2014 (S.I. 2014/534), arts. 1, 7(b) (with art. 12)
F4: Art. 6(5) omitted (6.4.2006) by virtue of The Enterprise Act 2002 (Merger Fees) (Amendment) Order 2005 (S.I. 2005/3558), arts. 1(1), 2(8) (with art. 1(2))

Commencement

I1: Art. 6 in force at 20.6.2003, see art. 1