Telecoms continuity becomes merger public-interest ground

From 13 October 2026 the Secretary of State may intervene in qualifying mergers on a new public-interest ground: the need to maintain continuity of the supply of telecommunications services in the United Kingdom so as to prevent disruption to the economy and societyLegislation. The ground covers, in particular, disruption to public services, to critical national infrastructure and to supply to customers who are or may be vulnerable.

The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2026 (SI 2026/1075)Legislation inserts the new consideration as subsection (2EA) of section 58 of the Enterprise Act 2002. Section 58 lists the public-interest considerations on which the Secretary of State may intervene in relevant merger situations and special merger situations; the Secretary of State may add to that list by order under section 58(3) and (4). The Order was made at 4.07 p.m. on 12 October 2026, laid before Parliament at 5.15 p.m. the same day under the affirmative procedure in section 124(7), which requires approval by resolution of each House within twenty-eight days of making, subject to extension during dissolution, prorogation or adjournment. It extends to England and Wales, Scotland and Northern Ireland.

In practice, intervention means the Secretary of State gives a public interest intervention notice to the Competition and Markets Authority under section 42, requiring a Phase 1 investigation and a report covering jurisdiction, any competition issues and representations on the cited public-interest considerations. On receiving that report the Secretary of State may clear the merger, refer it for a Phase 2 investigation under section 45 where it may operate against the public interest, or accept undertakings in lieu of a reference under paragraph 3 of Schedule 7 to address the public-interest concerns.

The Order also amends Schedule 8 to the Act, inserting paragraph 20BB. Where an intervention notice or special intervention notice mentions the new telecommunications consideration and it remains relevant, enforcement orders under paragraphs 5, 10 or 11 of Schedule 7 may include whatever provision the decision-maker considers appropriate to maintain continuity of supply for the purposes in section 58(2EA), including requirements to do or not to do particular things.

The explanatory memorandum records that the new consideration was already cited in the public interest intervention notice issued on 5 October 2026 on the acquisition of the business of TalkTalk Telecom Group Limited by BT Group Plc, as a consideration that in the Secretary of State's opinion ought to be specified. The Order was made without formal consultation because of urgency. No full impact assessment was prepared: the instrument imposes no standing obligations, operational requirements or reporting duties on telecommunications providers, and its effects arise only in the exceptional case where the Secretary of State considers the new ground relevant to a qualifying merger.

Legal basis: The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2026 (SI 2026/1075), amending section 58 and Schedule 8 of the Enterprise Act 2002.