# Water Industry Act 1991, Paragraph 3

Extent: E+W+S+N.I.

(1) The first questions to be decided by the CMA on a merger reference under section 32(a) of this Act shall be—
(a) whether arrangements are in progress which, if carried into effect, will result in a water merger; and
(b) if so, whether that merger may be expected to prejudice the ability of the Authority, in carrying out its functions by virtue of this Act, to make comparisons between different water enterprises.
(2) The first questions to be decided by the CMA on a merger reference under section 32(b) of this Act shall be—
(a) whether a water merger has taken place; and
(b) if so, whether that merger has prejudiced, or may be expected to prejudice, the ability of the Authority, in carrying out its functions by virtue of this Act, to make comparisons between different water enterprises.
(3) Any decision of the CMA on a merger reference under section 32(a) of this Act that arrangements are in progress which, if carried into effect, will result in a water merger shall be treated as a decision that no arrangements are in progress which, if carried into effect, will result in a water merger if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 .
(4) Any decision of the CMA on a merger reference under section 32(a) of this Act that a water merger may be expected to prejudice the ability of the Authority, in carrying out its functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger may be expected not to prejudice that ability of the Authority if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 .
(5) Any decision of the CMA on a merger reference under section 32(b) of this Act that a water merger has taken place shall be treated as a decision that no water merger has taken place if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 .
(6) Any decision of the CMA on a merger reference under section 32(b) of this Act that a water merger has prejudiced, or may be expected to prejudice, the ability of the Authority, in carrying out its functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger has not prejudiced, or may be expected not to prejudice, that ability of the Authority if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 .

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Source: https://www.legislation.gov.uk/ukpga/1991/56/schedule/4ZA/paragraph/3 (the official version)
Page: https://openlegislation.uk/water-industry-act-1991/schedule-4ZA/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.