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Infrastructure Act 2015
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PART 2Operators, ownership & related matters
Explanatory NotesShow EN
“Operator and ownership regulations”
14In this Schedule “operator and ownership regulations” means regulations under subsection (2) of section 38.
Bodies that may be facility operators
15If operator and ownership regulations specify two or more kinds of bodies which may be a facility operator, the regulations may make provision about which kind of body may own which kind of facility in which circumstances.
Constitutions of facility operators
16(1)Operator and ownership regulations may require the constitution of a facility operator to be in accordance with provision specified in the regulations.
(2)In the case of a facility operator that is a company, the regulations may require the constitution of the company to be in accordance with provision about—
(a)the voting rights attached to, or other characteristics of, shares in the company;
(b)the issuing of new shares in the company.
Ownership of facility operators
17(1)Operator and ownership regulations may make provision about the ownership of facility operators.
(2)The regulations may—
(a)impose limitations on who may own a facility operator;
(b)require the owners of a facility operator to consist of, or include, one or more persons of a kind specified in the regulations.
Conduct of owners of facility operators
18(1)Operator and ownership regulations may make provision about the conduct of the owners of facility operators.
(2)The regulations may impose duties, restrictions or prohibitions in relation to the exercise of rights or powers of owners (including a right or power to exercise a vote attached to a share).
Revenues
19(1)Operator and ownership regulations may make provision about the treatment of the revenues earned by a qualifying facility.
(2)The regulations may restrict or prohibit the making of arrangements affecting the destination of the revenues.
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