Section 35 | Provision Of Infrastructure | Flood And Water Management Act 2010 C29

35 Provision of infrastructure

Flood and Water Management Act 2010 (2010 c 29) | Legislation

35 Provision of infrastructure

(1) After section 36 of the Water Industry Act 1991 insert—

“Part 2A
Regulation of Provision of Infrastructure

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(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;

(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