Section 36D: Designation as an infrastructure provider

Water Industry Act 1991 · 1991 c. 56View on legislation.gov.uk

Part 2A: Regulation of provision of infrastructure

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.

The regulations may—

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),
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),
relieve water or sewerage undertakers of specified duties to a specified extent,
provide for designation to be conditional,
provide, or enable the provision of, limits (by reference to place, time or otherwise) on powers and duties conferred under paragraph (a),
include provision about enforcement of powers, duties, conditions and limitations, and
include provision for variation or revocation of designation.

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