Article 3
For paragraph (d) of article 3 (matters in respect of which fees are payable) substitute—
(d) subject to article 4(3) and (4), the decision by the CMA in relation to a possible merger reference under section 32(a) or (b) of the Water Industry Act 1991 that it is or may be the case—
(i) that arrangements are in progress which, if carried into effect, will result in a merger of any two or more water enterprises; or
(ii) that such a merger has taken place otherwise than as a result of the carrying into effect of arrangements that have been the subject of a reference by virtue of sub-paragraph (i) above.
Article 4
After paragraph (2) of article 4, insert—
(3) A fee shall not be payable under article 3(d)—
(a) where the merger or prospective merger of two or more water enterprises depends or would depend on the operation of section 26(3) or (4)(b) of the Act; or
(b) in relation to arrangements of a kind specified in paragraph (4), where the CMA decides pursuant to section 33A(1)(a) of the Water Industry Act 1991 that they are not sufficiently far advanced, or are not sufficiently likely to proceed, to justify the making of a merger reference.
(4) The arrangements are those in progress or in contemplation which, if carried into effect, will result in a merger of any two or more water enterprises.
