(1) This Order may be cited as the Enterprise Act 2002 (Merger Fees) (Amendment) Order 2009 and shall come into force on 1 st October 2009.
(2) This Order shall not apply to—
(a) a decision in relation to a possible reference by the OFT under section 22 of the Enterprise Act 2002, or by the Secretary of State under section 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 1 st October 2009.