(1) This Order may be cited as the Enterprise Act 2002 (Merger Fees) (Amendment) Order 2005 and shall come into force on 6th April 2006.
(2) This Order shall not apply in relation to —
(a) a decision by the OFT or the Secretary of State in relation to a possible reference under sections 22 or 45(2) or (3) of the Enterprise Act 2002 that it is or may be the case that a relevant merger situation has been created; or
(b) the making by the OFT of a merger reference to the Commission under section 32(b) of the Water Industry Act 1991 ,
where the decision or reference relates to two or more enterprises ceasing to be distinct enterprises before the 6th April 2006.