Designation of an infrastructure provider8

1

Subject to paragraphs (2) to (5), the Secretary of State or the Authority may by notice designate as an “infrastructure provider” a company which appears to the Secretary of State or the Authority respectively to be wholly or partly responsible for a specified infrastructure project that was put out to tender in accordance with these Regulations.

2

Any notice issued under paragraph (1) may be subject to such conditions as the Secretary of State or the Authority considers appropriate.

3

For the purposes of paragraph (1), the Secretary of State or the Authority must regard a specified infrastructure project as having been put out to tender in accordance with these Regulations where—

a

a tender process for an infrastructure project which was subsequently specified has been conducted in accordance with F1the Utilities Contracts Regulations 2006 or Part 2 of the Public Contracts Regulations 2015; and

b

any part of that tender process has been commenced before these Regulations come into force.

4

The Secretary of State must serve on the persons mentioned in paragraph (8)(a) any notice issued by the Secretary of State under paragraph (1) and include any conditions imposed under paragraph (2).

5

The Authority must serve on the persons mentioned in paragraph (9)(a) any notice issued by it under paragraph (1) and include any conditions imposed under paragraph (2).

6

Subject to paragraphs (8) and (9), the Secretary of State or Authority may, having regard to any subsisting project licence, 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

Paragraph (2) applies to any notice issued under paragraph (6) as it does to a notice issued under paragraph (1).

8

The Secretary of State must—

a

before exercising the power under paragraph (6), prepare draft reasons for exercising the power and consult—

i

the person whom the Secretary of State has designated in relation to a specified infrastructure project;

ii

the incumbent undertaker;

iii

the Authority;

iv

where any part of the infrastructure in question is or is to be in Wales, the Welsh Ministers; and

v

any other person the Secretary of State thinks appropriate;

b

include in any notice issued by the Secretary of State under paragraph (6) any conditions imposed under paragraph (2), as applied by paragraph (7); and

c

serve any such notice on the persons mentioned in sub-paragraph (a).

9

The Authority must—

a

before exercising the power under paragraph (6), prepare draft reasons for exercising the power and consult—

i

the person whom the Authority has designated in relation to the specified infrastructure project in question;

ii

the incumbent undertaker;

iii

the Secretary of State;

iv

where any part of the infrastructure in question is or is to be in Wales, the Welsh Ministers; and

v

any other person the Authority thinks appropriate;

b

include in any notice issued by it under paragraph (6) any conditions imposed under paragraph (2), as applied by paragraph (7); and

c

serve any such notice on the persons mentioned in sub-paragraph (a).