The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024
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Change 1
11 Transitional provision
(1) The insertion of new regulation 30ZB into the Water Mergers (Modification of Enactments) Regulations 2004 effected by regulation 10 has no effect in relation to any act or omission of a kind described within section 110(1A) of the Enterprise Act 2002, where such an act or omission occurred— (a) before 1st January 2025; or (b) on or after 1st January 2025, but the act or omission occurred in relation to— (i) a notice under section 109 of the Enterprise Act 2002 (attendance of witnesses and production of documents etc) given before that date; or (ii) a non-compulsory information request made before that date. (2) For the purposes of paragraph (1), “non-compulsory information request” means a written request— (a) made by the CMA; (b) addressed to a specific person to provide information relating to the CMA’s functions under Part 3 of the Enterprise Act 2002 or section 32 of the Water Industry Act 1991 (duty to refer merger of water or sewerage undertaking); (c) where that request does not amount to a requirement to provide information imposed under Part 3 of the Enterprise Act 2002. (3) References in this regulation to provisions of the Enterprise Act 2002 are references to those provisions as applied by virtue of paragraph 1 of Schedule 4ZA to the Water Industry Act 1991.
11 Transitional provision
(1) The insertion of new regulation 30ZB into the Water Mergers (Modification of Enactments) Regulations 2004 effected by regulation 10 has no effect in relation to any act or omission of a kind described within section 110(1A) of the Enterprise Act 2002, where such an act or omission occurred— (a) before 1st January 2025; or (b) on or after 1st January 2025, but the act or omission occurred in relation to— (i) a notice under section 109 of the Enterprise Act 2002 (attendance of witnesses and production of documents etc) given before that date; or (ii) a non-compulsory information request made before that date. (2) For the purposes of paragraph (1), “non-compulsory information request” means a written request— (a) made by the CMA; (b) addressed to a specific person to provide information relating to the CMA’s functions under Part 3 of the Enterprise Act 2002 or section 32 of the Water Industry Act 1991 (duty to refer merger of water or sewerage undertaking); (c) where that request does not amount to a requirement to provide information imposed under Part 3 of the Enterprise Act 2002. (3) References in this regulation to provisions of the Enterprise Act 2002 are references to those provisions as applied by virtue of paragraph 1 of Schedule 4ZA to the Water Industry Act 1991.
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