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2024 No. 1234 COMPETITION WATER INDUSTRY, ENGLAND AND WALES The Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 Made 25th November 2024 Laid before Parliament 29th November 2024 Coming into force 1st January 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by section 213(2)(f) of, and paragraph 1 of Schedule 4ZA to, the Water Industry Act 1991.
Propose a change(1) These Regulations may be cited as the Water Mergers (Modification of Enactments) (Amendment) Regulations 2024 and come into force on 1st January 2025. (2) These Regulations extend to England and Wales.
Propose a changeThe Water Mergers (Modification of Enactments) Regulations 2004 are amended as set out in these Regulations.
Propose a changeIn regulation 3(1) (omitted provisions), after paragraph (a), insert— (aa) sections 34ZD to 34ZF (fast track reference requests); .
Propose a changeOmit regulation 8 (section 32: supplementary provision for purposes of section 25).
Propose a changeIn regulation 10ZA (section 34ZA: time-limits for decisions about references)— (a) in paragraph (a)(i), for “22 or 33” substitute “22(1) or 33(1)”; (b) after paragraph (a) insert— (aa) subsection (1A) were omitted; ; (c) in paragraph (b)(i), for “22 or 33” substitute “22(1) or 33(1)”.
Propose a changeIn regulation 13A (section 39: time-limits for investigations and reports), for the words from “as if,” to the end substitute— as if— (a) in subsection (3), for “section 22(1) or 33(1)” there were substituted “section 32(a) or (b) of the 1991 Act”; (b) subsection (3A) were omitted; (c) in subsection (7), “, (3A)” were omitted; and (d) in subsection (8A), for “section 33” there were substituted “section 32(a) of the 1991 Act”. .
Propose a changeIn regulation 14 (section 40: section 39: supplementary), for the words from “as if,” to the end substitute— as if— (a) in subsection (4), “or (3A)” were omitted; (b) in subsection (5), “, (3A)” were omitted; and (c) in subsection (10), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”. .
Propose a changeIn regulation 26 (section 104: certain duties of relevant authorities to consult)— (a) in paragraph (a), for “22, 33” substitute “22(1), 33(1)”; (b) omit the “and” after paragraph (a); (c) after paragraph (a) insert— (aa) in sub-paragraph (ii) of paragraph (a), for “section 22, 33, 68B or 68C” there were substituted “section 32(a) or (b) of the 1991 Act”; and .
Propose a changeIn regulation 29 (section 107: further publicity requirements), in paragraph (a)— (a) in sub-paragraph (i)— (i) for “paragraphs (a) and (b)” substitute “paragraph (a)”; (ii) for “22, 33” substitute “22(1), 33(1)”; (b) omit the “and” after sub-paragraph (i); (c) after sub-paragraph (ii) insert— (iia) paragraph (aaa) were omitted; ; (d) after paragraph (iii) insert— (iiia) in paragraph (b), for “section 22, 33, 68B or 68C” there were substituted “section 32(a) or (b) of the 1991 Act”; .
Propose a changeAfter regulation 30 insert— Section 109B: Extra-territorial application of notices under section 109 30ZA Section 109B (extra-territorial application of notices under section 109) has effect as if, in subsection (3)(a), for the words from “section 22, 33, 45, 62, 62B or 68C” to “section 70A(1),” there were substituted “section 32(a) or (b) of the 1991 Act”. Section 110: Enforcement of powers under section 109: imposition of penalties 30ZB Section 110 (enforcement of powers under section 109: imposition of penalties) has effect as if— (a) in subsection (1A)(a) and (b), after the word “Part” there were inserted “or section 32 of the 1991 Act”; (b) in subsection (1B), paragraphs (b) and (c) were omitted; and (c) in subsection (9), paragraph (b) were omitted. .
Propose a change(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.
Propose a change