---
title: "The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023"
id: ac8a7f4f-8b16-4583-9a8c-29f52abc3df9
authority: uk
place: "United Kingdom"
applies_also_from: []
kind: regulation
in_force: true
publisher_url: https://www.legislation.gov.uk/uksi/2023/1185
attribution: "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
solon_url: https://solon.orangecat.ch/law/ac8a7f4f-8b16-4583-9a8c-29f52abc3df9
language: en
in_force_from: 2023-12-06
date_basis: publisher
status: consolidated
source_url: https://www.legislation.gov.uk/uksi/2023/1185/data.xml
read_on: 2026-11-10
sha256: 9b407eddaa561bb97f6eba7ef2890c4d01eca92e0441b61b9fdb329bf680cb1f
provisions: 28
---

# The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023

## Title and introductory text {#prelims}

2023 No. 1185
Competition
The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023
Made
7th November 2023
Laid before Parliament
9th November 2023
Coming into force
6th December 2023
The Secretary of State makes this Order in exercise of the powers conferred by sections 28, 121 and 124(2) of the Enterprise Act 2002 and section 330 of the Energy Act 2023.

## 1 Citation, commencement and extent {#article-1}

(1) This Order may be cited as the Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) and Energy Network Mergers (Consequential Amendments) Order 2023.
(2) This Order comes into force on 6th December 2023.
(3) This Part and Part 2 extend to England and Wales, Scotland and Northern Ireland.
(4) Part 3 extends to England and Wales.

## 2 Amendments to the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003 {#article-2}

The Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003 is amended as follows.

## 3 Amendments to the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003 {#article-3}

In article 2(d) for “22 or 33” substitute “22, 33, 68B or 68C”.

## 4 Amendments to the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003 {#article-4}

In article 3(b) for “22 or 33” substitute “22, 33, 68B or 68C”.

## 5 Amendments to the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003 {#article-5}

In article 4(2) after “33(2)(b)” insert “or 68C(2)(a)”.

## 6 Amendments to the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003 {#article-6}

In article 5, after paragraph (3) insert—
(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.
.

## 7 Amendments to the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003 {#article-7}

In article 11, after paragraph (4) insert—
(5) For the purpose of determining the turnover of an enterprise which is subject to a possible reference under section 68B or 68C of the Act, this article and Schedule 1 have effect as if references to the United Kingdom were to Great Britain.
.

## 8 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-8}

The Water Mergers (Modification of Enactments) Regulations 2004 are amended as follows.

## 9 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-9}

In regulation 3 after paragraph (d) insert—
(da) sections 68A to 68F and Schedule 5A (mergers of energy network enterprises in Great Britain);
.

## 10 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-10}

In regulation 17 in paragraph (a)(i), (d)(i) and (d)(ii) for “22 or 33” substitute “22, 33, 68B or 68C”.

## 11 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-11}

In regulation 17A—
(a) in paragraph (a)(i) after “73(2)” insert “or (3B)”;
(b) for paragraph (b) substitute—
(b) in subsection (2)—
(i) for “the purposes of section 73(2) or (3B)” there were substituted “those purposes”; and
(ii) in paragraph (a) for “section 73(2)” there were substituted “section 33D(1) of the 1991 Act”.
.

## 12 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-12}

In regulation 17B in paragraph (b)(i) for “or 45” substitute “, 45, 68B or 68C”.

## 13 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-13}

In regulation 18 in paragraph (a) after “22” insert “or 68B”.

## 14 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-14}

In regulation 19 in paragraph (a) after “33” insert “or 68C”.

## 15 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-15}

In regulation 20 in paragraph (a) for “or 33” substitute “, 33, 68B or 68C”.

## 16 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-16}

In regulation 21 for “or 33” substitute “, 33, 68B or 68C”.

## 17 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-17}

In regulation 22 for “or 33” substitute “, 33, 68B or 68C”.

## 18 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-18}

In regulation 23 for “or 33” substitute “, 33, 68B or 68C”.

## 19 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-19}

In regulation 24 for “or 33” substitute “, 33, 68B or 68C”.

## 20 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-20}

In regulation 26 in paragraph (a) for “or 33” substitute “, 33, 68B or 68C”.

## 21 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-21}

In regulation 27 in paragraph (a) for “or 33” substitute “, 33, 68B or 68C”.

## 22 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-22}

In regulation 28—
(a) for “sections 22 and 33” in the heading and in both places it appears, substitute “section 22, 33, 68B or 68C”;
(b) in paragraph (b) for “or 33” substitute “, 33, 68B or 68C”.

## 23 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-23}

In regulation 29—
(a) in paragraph (a)(i) for “or 33” substitute “, 33, 68B or 68C”;
(b) in paragraph (a)(ii) for “subsection (2)(b) of section 33” substitute “section 33(2)(b) or 68C(2)(a)”;
(c) in paragraph (b)(i) for “section 33” substitute “section 33 or 68C”;
(d) in paragraph (b)(ii) for “section 22 or 33 as if it had been made under section 33 or (as the case may be) 22” substitute “section 22 or 68B as if it had been made under section 33 or 68C or to treat a reference under section 33 or 68C as if it had been made under section 22 or 68B”.

## 24 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-24}

In regulation 30 for “or 33” substitute “, 33, 68B or 68C”.

## 25 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-25}

In regulation 30A for “or 33” substitute “, 33, 68B or 68C”.

## 26 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-26}

In regulation 30B in paragraph (a)(i) and (b)(i) for “or 33” substitute “, 33, 68B or 68C”.

## 27 Consequential amendments to the Water Mergers (Modification of Enactments) Regulations 2004 {#article-27}

In regulation 34 for “or 62” substitute “, 62, 68B or 68C”.