F1Part 2ARegulation of provision of infrastructure
36ARegulations
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).
Pt. 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.