- Latest available (Revised)
- Point in Time (03/02/2017)
- Original (As enacted)
Point in time view as at 03/02/2017.
Water Industry Act 1991, Part 2A is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1Pt. 2A inserted (1.10.2010 for specified purposes) by Flood and Water Management Act 2010 (c. 29), ss. 35(1), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.
(1)The Minister may make regulations about the provision of infrastructure for the use of water undertakers or sewerage undertakers.
(2)The regulations may in particular—
(a)confer regulatory functions on the Authority;
(b)apply provisions of Part 2 with or without modification;
(c)make provision similar to a provision of Part 2.
(3)The regulations must specify the activities to which they apply; in particular, the regulations may—
(a)apply to designing, constructing, owning and operating infrastructure, and
(b)define “infrastructure”.
(4)The regulations—
(a)may make provision only in relation to projects or works that in the Minister's opinion are of a size or complexity that threatens the undertaker's ability to provide services for its customers, and
(b)in conferring powers, must restrict them to projects or works that, in the opinion of the person exercising the power, are of a size or complexity that threatens the undertaker's ability to provide services for its customers.
(5)Sections 36B to 36D and 36F specify other kinds of provision that the regulations may make; and in those sections “infrastructure project” means a project, or part of a project, in connection with any of the things specified in subsection (3)(a).
(1)Regulations under section 36A may—
(a)allow the Minister to specify one or more infrastructure projects which must be put out to tender;
(b)allow the Authority to specify one or more infrastructure projects which must be put out to tender;
(c)allow the Minister to delegate the power under paragraph (a) to the Authority.
(2)The regulations must prohibit a water undertaker or sewerage undertaker from undertaking an infrastructure project which is to be put out to tender in accordance with the regulations.
(3)But the regulations may permit or require a water or sewerage undertaker to undertake preparatory work of a specified kind or for a specified purpose.
(4)The regulations must make provision about the extent to which companies associated with a water undertaker or sewerage undertaker (as defined by the regulations) are permitted to bid in a tender process.
(5)The regulations must specify the procedure to be followed in a tender process; in particular, the regulations—
(a)may require the undertaker to consult the Authority or the Minister about the terms on which an infrastructure project is put out to tender;
(b)may specify factors to be taken into account in considering bids;
(c)must provide for the water or sewerage undertaker responsible for the tender process to determine which bid to accept (if any).
(1)Regulations under section 36A must specify criteria to be used by the Minister or the Authority in determining whether to exercise a power by virtue of section 36B(1).
(2)The regulations may—
(a)provide that the Authority must consult the Minister before exercising a power by virtue of section 36B(1);
(b)require the Authority to publish guidance to be followed by it in determining whether to exercise a power by virtue of section 36B(1).
(1)Regulations under section 36A may enable the Minister or the Authority to designate as an “infrastructure provider” a person who appears to the Minister or Authority to be wholly or partly responsible for an infrastructure project that was put out to tender in accordance with regulations by virtue of section 36B.
(2)The regulations may—
(a)confer powers and impose duties on designated infrastructure providers (including any power or duty that is the same as or similar to a power or duty conferred or imposed under or by virtue of this Act on water or sewerage undertakers),
(b)confer powers and impose duties on the Authority, the Minister or any other body with public functions (including any power or duty that is the same as or similar to a power or duty conferred or imposed under or by virtue of this Act in respect of water or sewerage undertakers),
(c)relieve water or sewerage undertakers of specified duties to a specified extent,
(d)provide for designation to be conditional,
(e)provide, or enable the provision of, limits (by reference to place, time or otherwise) on powers and duties conferred under paragraph (a),
(f)include provision about enforcement of powers, duties, conditions and limitations, and
(g)include provision for variation or revocation of designation.
(1)In this Part “the Minister” means—
(a)the Secretary of State, in relation to infrastructure which is provided or to be provided for the use of one or more English undertakers,
(b)the Welsh Ministers, in relation to infrastructure which is provided or to be provided for the use of one or more Welsh undertakers, and
(c)the Secretary of State and the Welsh Ministers acting jointly in relation to infrastructure which is provided or to be provided for the use of one or more English undertakers and one or more Welsh undertakers.
(2)In this section and section 36F—
(a)“an English undertaker” means a water undertaker or sewerage undertaker whose area is wholly or mainly in England, and
(b)“a Welsh undertaker” means a water undertaker or sewerage undertaker whose area is wholly or mainly in Wales.
(1)Regulations under section 36A may make provision about cross-border infrastructure projects.
(2)In this section “cross-border infrastructure project” means an infrastructure project which—
(a)relates to infrastructure in Wales which is for the use of an English undertaker, or
(b)relates to infrastructure in England which is for the use of a Welsh undertaker.
(3)Regulations made by the Secretary of State about cross-border infrastructure projects—
(a)may confer functions on the Welsh Ministers, and
(b)must require the Secretary of State or the Authority to consult the Welsh Ministers before exercising any power under section 36B(1) to specify projects which must be put out to tender.
(4)Regulations made by the Welsh Ministers about cross-border infrastructure projects—
(a)may confer functions on the Secretary of State, and
(b)must require the Welsh Ministers or the Authority to consult the Secretary of State before exercising any power under section 36B(1) to specify projects which must be put out to tender.
(1)Regulations under section 36A may not be made unless a draft has been laid before and approved by resolution of—
(a)each House of Parliament, in the case of regulations made by the Secretary of State,
(b)the National Assembly for Wales, in the case of regulations made by the Welsh Ministers, or
(c)each House of Parliament and the National Assembly for Wales, in the case of regulations made by the Secretary of State and the Welsh Ministers acting jointly.
(2)Before laying a draft under subsection (1) the Minister must consult persons who in the Minister's opinion represent interests likely to be affected by the regulations.
(3)Section 213 applies to regulations made by the Welsh Ministers under section 36A as it applies to regulations made by the Secretary of State.]
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: