Schedule 25, paragraph 38(50)

In Schedule 1 (exclusions: mergers and concentrations)— in paragraph 1— in sub-paragraph (1), for the words from “Part V” to “1973 Act”)” there is substituted “ Part 3 of the Enterprise Act 2002 (“the 2002 Act”) ”; in sub-paragraph (4), for “Section 65 of the 1973 Act” there is substituted “ Section 26 of the 2002 Act ”; in paragraph 2— in sub-paragraph (1)(a), for “Part V of the 1973 Act” there is substituted “ Part 3 of the 2002 Act ”; in sub-paragraph (2), for “Section 65 of the 1973 Act” there is substituted “ Section 26 of the 2002 Act ”; in paragraph 4— for “Director” (in each place) there is substituted “ OFT ”; in sub-paragraph (2), for “he” (in both places) and “him” there is substituted “ it ” and “ the OFT ” respectively; in sub-paragraph (5), for “he” (in both places) there is substituted “ it ”; in paragraph 5, for paragraphs (a) to (d) there is substituted— the OFT or (as the case may be) the Secretary of State has published its or his decision not to make a reference to the Competition Commission under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement; the OFT or (as the case may be) the Secretary of State has made a reference to the Competition Commission under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement and the Commission has found that the agreement has given rise to, or would if carried out give rise to, a relevant merger situation or (as the case may be) a special merger situation; the agreement does not fall within paragraph (a) or (b) but has given rise to, or would if carried out give rise to, enterprises to which it relates being regarded under section 26 of the 2002 Act as ceasing to be distinct enterprises (otherwise than as the result of subsection (3) or (4)(b) of that section); or the OFT has made a reference to the Competition Commission under section 32 of the Water Industry Act 1991 in connection with the agreement and the Commission has found that the agreement has given rise to, or would if carried out give rise to, a merger of any two or more water enterprises of the kind to which that section applies.

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Source: legislation.gov.uk · retrieved 2026-09-04