- Latest available (Revised)
- Point in Time (28/06/2013)
- Original (As made)
Point in time view as at 28/06/2013.
There are currently no known outstanding effects for the The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013, Section 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
7.—(1) Subject to the following provisions of this regulation, an associated company of the incumbent undertaker is not permitted to bid in a tender process for a specified infrastructure project which relates to infrastructure for the use of that undertaker without the consent of the Secretary of State or the Authority issued by notice.
(2) The Secretary of State or the Authority may exercise the power under paragraph (1) only if the Secretary of State or the Authority respectively is of the opinion that the participation of the associated company in the tender process will not have the effect of distorting competition or breaching the principles of non-discrimination or transparency in the process.
(3) The Secretary of State must—
(a)subject to paragraph (5), before exercising the power under paragraph (1), prepare draft reasons for exercising the power and consult—
(i)the incumbent undertaker;
(ii)the Authority;
(iii)where any part of the infrastructure in question is or is to be in Wales, the Welsh Ministers; and
(iv)any other person the Secretary of State thinks appropriate; and
(b)serve on the persons mentioned in sub-paragraph (a) any notice issued by the Secretary of State under paragraph (1).
(4) The Authority must—
(a)subject to paragraph (5), before exercising the power under paragraph (1), prepare draft reasons for exercising the power and consult—
(i)the incumbent undertaker;
(ii)the Secretary of State;
(iii)where any part of the infrastructure in question is or is to be in Wales, the Welsh Ministers; and
(iv)any other person the Authority thinks appropriate; and
(b)serve on the persons mentioned in sub-paragraph (a) any notice issued by it under paragraph (1).
(5) Paragraphs (3)(a) and (4)(a) do not apply to the extent that the Secretary of State or the Authority (as the case may be) has prepared draft reasons and consulted the persons specified in those paragraphs before these Regulations come into force.
(6) The Secretary of State or Authority may by notice vary or revoke the notice issued by the Secretary of State or the Authority (as the case may be) under paragraph (1).
(7) Paragraphs (3) and (4) apply to a notice issued under paragraph (6) as they apply to a notice issued under paragraph (1).
(8) In this regulation “an associated company” means either of the following—
(a)a group company;
(b)a related company.
(9) In paragraph (8)—
(a)a “group company” means, in relation to a relevant undertaker—
(i)any holding company or subsidiary of that undertaker, or
(ii)any subsidiary of any holding company of that undertaker,
and for this purpose “subsidiary” and “holding company” have the meanings given in section 1159 of the Companies Act 2006 M1 (meaning of “subsidiary” etc) as supplemented by Schedule 6 to that Act (provisions supplementary to section 1159); and
(b)a “ ” means, in relation to a relevant undertaker, any undertaking in which that undertaker has a participating interest, and for this purpose—
(i)“undertaking” has the meaning given in section 1161 of the Companies Act 2006, and
(ii)“participating interest” has the meaning given in paragraph 8 of Schedule 8 (general interpretation) to the Small Companies and Groups (Accounts and Directors' Report) Regulations 2008 M2.
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
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: