Explanatory note

Section 58 of the Enterprise Act 2002 (“the Act”) specifies the public interest considerations in relation to which the Secretary of State may intervene in relevant merger situations (as defined in section 23 of the Act) and special merger situations (as defined in section 59 of the Act).

Article 2 of this Order inserts a new subsection (2EA) into section 58 of the Act specifying as a public interest consideration the need to maintain in the United Kingdom the continuity of the supply of telecommunications services for the purposes of preventing disruption to the economy and society of the United Kingdom, including, in particular, disruption to—

1. (a)

   public services;

2. (b)

   critical national infrastructure;

3. (c)

   supply to customers who are or may be vulnerable.

Article 3 of this Order inserts a new paragraph 20BB into Schedule 8 to the Act. This gives the Secretary of State the power to include in merger enforcement orders such provision as the Secretary of State considers appropriate in the interest of maintaining in the United Kingdom the continuity of the supply of telecommunications services for the purposes set out above.

A de minimis impact assessment of the effect this instrument will have on the costs of businesses, voluntary bodies and community bodies has been conducted.