The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013

[^f00018]: 2002 c. 40.

[^f00019]: S.I. 2009/2477.

[^f00020]: Section 6 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^f00021]: Section 17A and the other provisions in Chapter 1A of Part 2 were inserted by section 56 of, and Schedule 4 to, the Water Act 2003.

[^f00022]: Established under article 3 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903 (W. 230)).

[^f00023]: Schedule 2 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003. Schedule 2 was also amended by section 34 of, and Schedule 5 to, the Flood and Water Management Act 2010, although those provisions are not yet in force.

[^f00024]: Section 19 was amended by section 54 of, and Schedule 10 to, the Competition Act 1998, section 101(1) of, and Schedule 8 to, the Water Act 2003, S.I. 2000/1297 and 2010/996.

[^f00025]: Section 20 was amended by sections 49 and 101(1) of, and Schedule 8 to, the Water Act 2003.

[^f00026]: Section 22 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^f00027]: Sections 22A to 22F were inserted by section 48 of the Water Act 2003.

[^f00028]: Section 249 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^f00029]: Section 23 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003. Section 23 was also amended by section 34 of, and Schedule 5 to, the Flood and Water Management Act 2010, although the provisions are only in force for limited purposes.

[^f00030]: Section 24 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003. Section 24 was also amended by section 34 of, and Schedule 5 to, the Flood and Water Management Act 2010, although the provisions are not yet in force.

[^f00031]: Schedule 3 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003 and by S.I.2009/1941. Schedule 3 was repealed by section 34 of, and Schedule 5 to, the Flood and Water Management Act 2010, although the provisions are not yet in force.

[^f00032]: Section 25 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^f00033]: Section 26 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^f00034]: Section 27 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003 and section 278 of, and Schedule 25 to, the Enterprise Act 2002.

[^f00035]: Section 35A was inserted by section 50 of the Water Act 2003.

[^f00036]: Section 94 was amended by sections 88 and 97 of the Water Act 2003, although the provisions of section 88 are not yet in force.

[^f00037]: Section 142 was amended by section 120 of, and Schedule 22 to, the Environment Act 1995, and by section 3 of the Water Industry Act 1999 (c. 9).

[^f00038]: Section 143 was amended by section 120 of, and Schedule 22 to, the Environment Act 1995, and by sections 3 and 4 of the Water Industry Act 1999.

[^f00039]: Section 144A was inserted by section 6 of the Water Industry Act 1999.

[^f00040]: Section 150B was inserted by section 15 of, and Schedule 3 to, the Water Industry Act 1999.

[^f00041]: Section 158 was amended by section 40 of the Competition and Service (Utilities) Act 1992, sections 97 and 101(1) of, and Schedule 8 to, the Water Act 2003 and S.I. 2005/268.

[^f00042]: Section 159 was amended by section 97 of the Water Act 2003.

[^f00043]: Section 161 was amended by section 120 of, and Schedule 22 to, the Environment Act 1995.

[^f00044]: Section 179 was amended by sections 92, 97 and 101(1) of, and Schedule 8 to, the Water Act 2003. Section 179 was also amended by sections 62, 86 and 146 of, and Schedules 13, 14 and 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15), although the provisions are not yet in force.

[^f00045]: Schedule 12 was amended by section 56 of the Competition and Service (Utilities) Act 1992, section 97 of the Water Act 2003 and S.I. 2009/1307.

[^f00046]: Section 181 was amended by section 101(1) of, and Schedule 7 to, the Water Act 2003.

[^f00047]: Schedule 13 was amended by section 67 of, and Schedule 9 to, the Coal Industry Act 1994 (c. 21); section 120 of, and Schedule 22 to, the Environment Act 1995; section 37 of, and Schedule 5 to the Transport Act 2000 (c. 38); section 406 of, and Schedule 17 to, the Communications Act 2003 (c. 21); section 143 of, and Schedule 19 to, the Energy Act 2004 (c. 20); and by S.I.2001/1149. The effect of certain provisions in Schedule 13 was modified by section 16 of, and Schedule 4 to, the Gas Act 1986 (c. 44) and section 76 of the Utilities Act 2000 (c. 27).

[^f00048]: Section 192 was amended by section 47 of the Competition and Service (Utilities) Act 1992.

[^f00049]: Section 195 was amended by section 15 of, and Schedule 3 to, the Water Industry Act 1999 and sections 48 and 101(1) of, and Schedule 8 to, the Water Act 2003.

[^f00050]: Section 195A was inserted by section 51 of the Water Act 2003.

[^f00051]: Section 199 was amended by section 97 of the Water Act 2003.

[^f00052]: Section 201 was amended by section 278 of, and Schedule 25 to, the Enterprise Act 2002 and section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^f00053]: Section 202 was amended by section 120 of, and Schedule 22 to, the Environment Act 1995 and section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^f00054]: Section 203 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^f00055]: Section 205 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^f00056]: Section 208 was amended by section 101(1) of, and Schedules 7 and 8 to, the Water Act 2003.

(45) (1) The obligation on an incumbent undertaker to comply with the provisions of these Regulations, other than regulation 30(9), is a duty owed to an economic operator. (2) A breach of the duty owed in accordance with paragraph (1) is actionable by any economic operator which in consequence suffers, or risks suffering, loss or damage and those proceedings shall be in the High Court. (3) Subject to paragraphs (4) to (6), such proceedings must be started within 30 days beginning with the date on which the economic operator first knew or ought to have known that grounds for starting proceedings had arisen. (4) Paragraph (3) does not require proceedings to be started before the end of any of the following periods— (a) where the proceedings relate to a decision which is sent to the economic operator by facsimile or electronic means, 10 days beginning with— (i) the day after the date on which the decision is sent, if the decision is accompanied by a summary of the reasons for the decision; or (ii) if the decision is not so accompanied, the day after the date on which the economic operator is informed of a summary of those reasons; (b) where the proceedings relate to a decision which is sent to the economic operator by other means, whichever of the following periods ends first— (i) 15 days beginning with the day after the date on which the decision is sent, if the decision is accompanied by a summary of the reasons for the decision; or (ii) 10 days beginning with— (aa) the day after the date on which the decision is received, if the decision is accompanied by a summary of the reasons for the decision; or (bb) if the decision is not so accompanied, the day after the date on which the economic operator is informed of a summary of those reasons; and (c) where sub-paragraphs (a) and (b) do not apply but the decision is published, 10 days beginning with the day on which the decision is published. (5) Subject to paragraph (6), the Court may extend the time limit imposed by paragraph (3) where the Court considers that there is good reason for doing so. (6) The Court must not exercise its power under paragraph (5) so as to permit proceedings to be started more than 3 months after the date when the economic operator first knew or ought to have known that grounds for starting the proceedings had arisen. (7) For the purposes of this regulation, proceedings are to be regarded as started when the claim form is issued. (8) Subject to paragraph (9), but otherwise without prejudice to any other powers of the Court in proceedings brought under this regulation, the Court may— (a) by interim order— (i) suspend the procedure leading to the award of the contract or the procedure leading to the determination of a design contest in relation to the award of a contract of which the breach of duty owed in accordance with paragraph (1) is alleged; or (ii) suspend the implementation of any decision or action taken by the incumbent undertaker in the course of following such a procedure; and (b) if satisfied that a decision or action taken by an incumbent undertaker was a breach of the duty owed in accordance with paragraph (1)— (i) order the setting aside of that decision or action, or order the incumbent undertaker to amend any document; (ii) award damages to an economic operator which has suffered loss or damage as a consequence of the breach; or (iii) do both of those things. (9) In proceedings under this regulation the Court does not have power to order any remedy other than an award of damages in respect of a breach of the duty owed in accordance with paragraph (1) if the contract in relation to which the breach occurred has been entered into. (10) Where, in proceedings under this regulation, the Court is satisfied that an economic operator would have had a real chance of being awarded a contract or winning a design contest if that chance had not been adversely affected by a breach of the duty owed to it by the incumbent undertaker in accordance with paragraph (1), the economic operator shall be entitled to damages amounting to its costs in preparing its tender and in participating in the procedure leading to the award of the contract or its costs of participating in the procedure leading to the determination of the design contest. (11) Paragraph (10) does not affect a claim by an economic operator that it has suffered other loss or damage or that it is entitled to relief other than damages, and is without prejudice to the matters on which an economic operator may be required to satisfy the Court in respect of any other such claim.

Editorial notes

[^c21844871]: 1991 c. 56; sections 36A to 36F were inserted by section 35(1) of the Flood and Water Management Act 2010 (c. 29). Section 213 was amended by section 35(2) of the Flood and Water Management Act 2010. There are other amendments, but none is relevant.

[^c21844881]: See the definition of “English undertaker” in section 36E(2)(a) of the Water Industry Act 1991; section 36E was inserted by section 35(1) of the Flood and Water Management Act 2010. The powers to make regulations in relation to infrastructure which is provided or to be provided for the use of one or more Welsh undertakers are exercisable by the Welsh Ministers. See the definition of “Welsh undertaker” in section 36E(2)(b) of the Water Industry Act 1991. The functions of the Secretary of State under section 213 of the Water Industry Act 1991 were exercisable by the National Assembly for Wales (“the Assembly”) to the same extent as the powers to which that section applies were exercisable by the Assembly by virtue of article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 for the Water Industry Act 1991 as substituted by paragraph (e) of Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253) and amended by section 100(2) of the Water Act 2003 (c. 37); there are other amendments but none is relevant. By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), functions conferred on the Assembly are exercisable by the Welsh Ministers. An amendment by the Flood and Water Management Act 2010 of another enactment does not prevent the continued operation of any transfer of functions by or by virtue of the Government of Wales Act 1998 (c. 38) or 2006 irrespective of whether the amendment amends an existing function or confers a new function (see section 49(6) of the Flood and Water Management Act 2010).

[^c21844891]: Section 36G was inserted by section 35(1) of the Flood and Water Management Act 2010.

[^c21844901]: Section 94 was amended by sections 88(2) and 97(1) and (3) of the Water Act 2003. There are other amendments but none is relevant. By virtue of section 36(2) of the Water Act 2003, each reference to the Director General of Water Services in the Act has effect as a reference to the Water Services Regulation Authority.

[^c21844911]: S.I. 1994/2841, as amended by section 120 of, and paragraph 233 of Schedule 22 to, the Environment Act 1995 (c. 25), S.I. 2003/1788, 2005/2035, 2010/675 and 2011/556.

[^c21844921]: 2006 c. 46.

[^c21844931]: Section 2 was amended by section 54 of, and Schedule 10 to, the Competition Act 1998 (c. 41), section 39 of the Water Act 2003 and by section 278 of, and Schedule 25 to, the Enterprise Act 2002 (c. 40).

[^c21844941]: Section 219(1) was amended by section 101(1) of, and Schedules 7 and 8 to, the Water Act 2003, and by S.I. 2009/1947. There are other amendments, but none is relevant.

[^c21844951]: The provisions in Chapter 1 of Part 5 were amended by sections 36 and 53 of the Competition and Service (Utilities) Act 1992 (c. 43), section 120 of, and Schedule 22 to, the Environment Act 1995, sections 3 to 9 and 15 of, and Schedule 3 to, the Water Industry Act 1999 (c. 9), sections 59 and 101(1) of, and Schedule 8 to, the Water Act 2003 and section 45 of the Flood and Water Management Act 2010. There are other amendments, but none is relevant.

[^c21844961]: Section 154B was inserted by section 2 of the Water Industry (Financial Assistance) Act 2012 (c. 8).

[^c21844971]: Section 102 was amended by section 96(1) of the Water Act 2003.

[^c21845001]: Section 112 was amended by section 36(2) of the Water Act 2003 and by section 42(4) of the Flood and Water Management Act 2010, although the latter provision is not yet in force.

[^c21845011]: 2006 c. 46.

[^c21845021]: S.I. 2008/409.

[^c21845031]: Section 18 was amended by sections 49 and 101(1) of, and Schedule 8 to, the Water Act 2003.

[^c21845041]: 2002 c. 40.

[^c21845051]: S.I. 2009/2477.

[^c21845061]: Section 6 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^c21845071]: Section 17A and the other provisions in Chapter 1A of Part 2 were inserted by section 56 of, and Schedule 4 to, the Water Act 2003.

[^c21845081]: Established under article 3 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903 (W. 230)).

[^c21845091]: Schedule 2 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003. Schedule 2 was also amended by section 34 of, and Schedule 5 to, the Flood and Water Management Act 2010, although those provisions are not yet in force.

[^c21845101]: Section 19 was amended by section 54 of, and Schedule 10 to, the Competition Act 1998, section 101(1) of, and Schedule 8 to, the Water Act 2003, S.I. 2000/1297 and 2010/996.

[^c21845111]: Section 20 was amended by sections 49 and 101(1) of, and Schedule 8 to, the Water Act 2003.

[^c21845121]: Section 22 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^c21845131]: Sections 22A to 22F were inserted by section 48 of the Water Act 2003.

[^c21845151]: Section 23 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003. Section 23 was also amended by section 34 of, and Schedule 5 to, the Flood and Water Management Act 2010, although the provisions are only in force for limited purposes.

[^c21845161]: Section 24 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003. Section 24 was also amended by section 34 of, and Schedule 5 to, the Flood and Water Management Act 2010, although the provisions are not yet in force.

[^c21845181]: Section 25 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^c21845191]: Section 26 was amended by was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^c21845201]: Section 27 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003 and section 278 of, and Schedule 25 to, the Enterprise Act 2002.

[^c21845211]: Section 35A was inserted by section 50 of the Water Act 2003.

[^c21845221]: Section 94 was amended by sections 88 and 97 of the Water Act 2003, although the provisions of section 88 are not yet in force.

[^c21845231]: Section 142 was amended by section 120 of, and Schedule 22 to, the Environment Act 1995, and by section 3 of the Water Industry Act 1999 (c. 9).

[^c21845241]: Section 143 was amended by section 120 of, and Schedule 22 to, the Environment Act 1995, and by sections 3 and 4 of the Water Industry Act 1999.

[^c21845251]: Section 144A was inserted by section 6 of the Water Industry Act 1999.

[^c21845261]: Section 150B was inserted by section 15 of, and Schedule 3 to, the Water Industry Act 1999.

[^c21845271]: Section 158 was amended by section 40 of the Competition and Service (Utilities) Act 1992, sections 97 and 101(1) of, and Schedule 8 to, the Water Act 2003 and S.I. 2005/268.

[^c21845281]: Section 159 was amended by section 97 of the Water Act 2003.

[^c21845291]: Section 161 was amended by section 120 of, and Schedule 22 to, the Environment Act 1995.

[^c21845301]: Section 179 was amended by sections 92, 97 and 101(1) of, and Schedule 8 to, the Water Act 2003. Section 179 was also amended by sections 62, 86 and 146 of, and Schedules 13, 14 and 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15), although the provisions are not yet in force.

[^c21845311]: Schedule 12 was amended by section 56 of the Competition and Service (Utilities) Act 1992, section 97 of the Water Act 2003 and S.I. 2009/1307.

[^c21845321]: Section 181 was amended by section 101(1) of, and Schedule 7 to, the Water Act 2003.

[^c21845331]: Schedule 13 was amended by section 67 of, and Schedule 9 to, the Coal Industry Act 1994 (c. 21); section 120 of, and Schedule 22 to, the Environment Act 1995; section 37 of, and Schedule 5 to the Transport Act 2000 (c. 38); section 406 of, and Schedule 17 to, the Communications Act 2003 (c. 21); section 143 of, and Schedule 19 to, the Energy Act 2004 (c. 20); and by S.I. 2001/1149. The effect of certain provisions in Schedule 13 was modified by section 16 of, and Schedule 4 to, the Gas Act 1986 (c. 44) and section 76 of the Utilities Act 2000 (c. 27).

[^c21845341]: Section 192 was amended by section 47 of the Competition and Service (Utilities) Act 1992.

[^c21845351]: Section 195 was amended by section 15 of, and Schedule 3 to, the Water Industry Act 1999 and sections 48 and 101(1) of, and Schedule 8 to, the Water Act 2003.

[^c21845361]: Section 195A was inserted by section 51 of the Water Act 2003.

[^c21845371]: Section 199 was amended by section 97 of the Water Act 2003.

[^c21845381]: Section 201 was amended by section 278 of, and Schedule 25 to, the Enterprise Act 2002 and section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^c21845391]: Section 202 was amended by section 120 of, and Schedule 22 to, the Environment Act 1995 and section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^c21845401]: Section 203 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^c21845411]: Section 205 was amended by section 101(1) of, and Schedule 8 to, the Water Act 2003.

[^c21845421]: Section 208 was amended by section 101(1) of, and Schedules 7 and 8 to, the Water Act 2003.

[^key-716fb259f696dfb3f442d471a92a052f]: Word in Sch. 1 para. 4 omitted (10.1.2015) by virtue of The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2015 (S.I. 2015/22), regs. 1(1), 3(2)(a)(i)

[^key-cbc62437ea1942976b53000c31aa7fd4]: Words in Sch. 1 para. 4 substituted (10.1.2015) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2015 (S.I. 2015/22), regs. 1(1), 3(2)(a)(ii)

[^key-10888fced62e197f154591449fff7da1]: Words in Sch. 1 para. 4 inserted (10.1.2015) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2015 (S.I. 2015/22), regs. 1(1), 3(2)(a)(iii)

[^key-42bea1bf93030c517e928411585fe9c4]: Words in Sch. 1 para. 4 inserted (10.1.2015) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2015 (S.I. 2015/22), regs. 1(1), 3(2)(b)

[^key-265e33a5cd8a7333275e5c575f7c6077]: Word in Sch. 1 para. 5(6) substituted (10.1.2015) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2015 (S.I. 2015/22), regs. 1(1), 4(b)

[^key-86b12c1b5bf0646dbd2cbd9887fc5a72]: Word in Sch. 1 para. 8(c) substituted (10.1.2015) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2015 (S.I. 2015/22), regs. 1(1), 5

[^key-89d243cf1dbb9c8fac4917c3b8560556]: Words in reg. 8(3)(a) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 24

[^key-07877fcded1eee315972ea75ad86f494]: Sch. 2 substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 50 (with reg. 5)

[^key-d1b06a084455aa9f4aa7813837d9f12f]: Words in reg. 6(8)(b) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 49(8) (with reg. 5)

[^key-2590399dbdc1dda00c6b1f408dccebf5]: Sch. 1 para. 1A inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(5)

[^key-d115804a0ed11ff83c8e1937d10a0b2a]: Words in reg. 3(5) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(2)(c)(i)

[^key-019b556a639526c7d4ff458d3535aa7c]: Words in reg. 3(5) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(2)(c)(ii)

[^key-cfcdd2cb3bf0b10b994aaa8989f0cf86]: Reg. 3(3)(a)(b) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(2)(a)

[^key-e1aaa696eda821897533c97d58b62c9f]: Reg. 3(3)(f) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(2)(b)

[^key-3c7d15630fbe1e15abd24fd111a7fff0]: Word in Sch. 1 para. 1(1)(a) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(4)

[^key-f0fab4ef10b4d086cb2b0e0c1b6c2f53]: Words in Sch. 1 para. 2 substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(6)(a)

[^key-43be65e5a37d882f95b959ff8fb6db23]: Words in Sch. 1 para. 2 substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(6)(b)

[^key-1fe88621e7b1e75b79b41a56d34d2fa1]: Words in Sch. 1 para. 3(1) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(7)(a)

[^key-b9bfef657feb2eab0236e9d14d56facc]: Words in Sch. 1 para. 3(3)(b)(ii)(aa) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(7)(b)

[^key-f184bd26b120ff9376e0eb6805fe65d9]: Sch. 1 para. 3(3)(b)(ii)(bb) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(7)(c)

[^key-c055433bb081578a9802d07d8516561e]: Sch. 1 para. 3(3)(b)(iv)(aa) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(7)(d)

[^key-a06a1a94f210d4f7f3614a2d1bd7eacc]: Word in Sch. 1 para. 5(1) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(a)

[^key-a5a816e7cedb138f8573b445fc50102f]: Words in Sch. 1 para. 5(2) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(b)(i)

[^key-c24e28c57e4f47046b31e2462b0bd917]: Sch. 1 para. 5(2)(a) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(b)(ii)

[^key-1807bc95c422fa5ce18019b588bde6c8]: Words in Sch. 1 para. 5(2)(b) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(b)(iii)

[^key-43d766dec60d113bb5f9466f0d4aaaac]: Word in Sch. 1 para. 5(2)(c)(i) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(b)(iv)

[^key-bf57ab9dce680de57f9c3b400354b458]: Words in Sch. 1 para. 5(4) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(c)(i)

[^key-9d111d69188c4018b8451bd5a6383d8e]: Sch. 1 para. 5(4)(a) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(c)(ii)

[^key-be756a80a6ff74e70abea4d46d6ae49d]: Words in Sch. 1 para. 5(4)(b)(i) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(c)(iii)

[^key-a0f6d5e87172bd0a68f3bd38e6a42d46]: Words in Sch. 1 para. 5(5) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(d)(i)

[^key-727c3e61eb4773be098c80aab5119af0]: Sch. 1 para. 5(5)(a) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(d)(ii)

[^key-589088caad6c10f1b7428b95f8fc95d4]: Words in Sch. 1 para. 5(5)(b)(i) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(d)(iii)

[^key-f057aa5b6ddca0631fee6f4b5dad1439]: Words in Sch. 1 para. 5(6) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(e)(i)

[^key-bbe0d31210610a4aba76eeb217a6dd37]: Sch. 1 para. 5(6)(a) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(e)(ii)

[^key-6d9ce59f4648d5e8b97c6d8cff8de0bc]: Words in Sch. 1 para. 5(6)(b)(i) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(e)(iii)

[^key-fd965c429b06f392a7d54c8b18eda2da]: Words in Sch. 1 para. 5(8) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(f)(i)

[^key-764fb3fb42e13c1d0846cea7227143a1]: Sch. 1 para. 5(8)(a) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(f)(ii)

[^key-4a065365e30b4c3a333cd97b4bcd26e9]: Words in Sch. 1 para. 5(8)(b) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(8)(f)(iii)

[^key-cd7da943510404ca1402df1987910a94]: Words in Sch. 1 para. 6(1) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(9)(a)

[^key-b3f16ab8612166bb2b477e871e5b3d26]: Word in Sch. 1 para. 6(1) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(9)(b)

[^key-999c0046700751d8501198c67690a898]: Words in Sch. 1 para. 7 substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(10)(a)

[^key-4df92b9a4afa3dba3ca988262d937860]: Words in Sch. 1 para. 7(2)(b) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(10)(b)

[^key-ffb2358410f1c156c96ca4c4c8438b81]: Words in Sch. 1 para. 8(a)(i) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(11)(a)

[^key-da0db48b5abff588a9cc556554c2f69b]: Sch. 1 para. 8(c)(ii) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(11)(b)

[^key-fffc48c8e874d425611b742567085c43]: Sch. 1 para. 11(2A)-(2D) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(d)

[^key-6342b93ac29b8bba19762bc47959531d]: Sch. 1 para. 11(3A)(3B) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(f)

[^key-9c7d0b023e31408dfb6efcdae9d5f125]: Sch. 1 para. 11(2)(ba)-(be) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(b)

[^key-439f4eb9560aa0afdb7694de5e6828b8]: Word in Sch. 1 para. 11(2)(b)(ii) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(a)

[^key-5b59401ab939b3fa54980fcf94992f29]: Sch. 1 para. 11(2)(c) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(c)

[^key-b2b5195e9f2191b766b72ddc6bf5057f]: Words in Sch. 1 para. 11(3)(a) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(12)(e)

[^key-0f6371d2a482e0ac27776765c0cdc017]: Words in Sch. 1 para. 13(1)(c)(ii) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(13)

[^key-88647f561d71b33b168c5d64aa8f9c69]: Words in Sch. 1 para. 14(6) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(14)(b)(i)

[^key-8fb5a79b474ab3b8000bde9e4dac49ca]: Words in Sch. 1 para. 14(6)(c) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(14)(b)(ii)

[^key-bf9422eeb469c9e2ae840aa4643cca0f]: Sch. 1 para. 14(7)(a) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(14)(c)

[^key-b667b4229364eb43aa8437d0fec45003]: Sch. 1 para. 14(7)(c) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(14)(d)

[^key-88baac6863913c1337166c86ff627d08]: Sch. 1 para. 14(1)(a) omitted (31.3.2017) by virtue of The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(14)(a)

[^key-dc6506122641d9ad61b76daf403b13e4]: Words in Sch. 1 para. 15(a)(i) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(15)(a)(i)

[^key-f2cbd072ffd21889ede56a9494237599]: Word in Sch. 1 para. 15(a)(ii) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(15)(a)(ii)

[^key-ade6e77583885a74f55b77fe93d1689e]: Words in Sch. 1 para. 15(b)(i) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(15)(b)(i)

[^key-fda97afc045509ff51ac178ce2636356]: Word in Sch. 1 para. 15(b)(ii) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(15)(b)(ii)

[^key-be077176b7c622830c7e28920683f2ea]: Words in Sch. 1 para. 15(c) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(15)(c)(i)

[^key-ad51610280c317d69830cf87b793b589]: Words in Sch. 1 para. 15(c) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(15)(c)(ii)

[^key-960e78ca54b45fd13823b7b1e7ae275d]: Words in Sch. 1 para. 16(2)(a)(i) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 30(16)

[^key-335214406cd0ea84eeb5bd8e30aba4d2]: Reg. 1(2)-(4) omitted (13.6.2020) by virtue of The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2020 (S.I. 2020/589), regs. 1(2), 2

[^key-171ddb9f8c4ff17aaf3e9fdd94810f0c]: Sch. 1 para. 7(4) omitted (15.3.2024) by virtue of The Water Industry (Special Administration) Regulations 2024 (S.I. 2024/205), regs. 2(2), 65(2) (with reg. 64)

[^key-678b45f8e44cc82c3cc40750e1933f94]: Sch. 1 para. 7(1) omitted (15.3.2024) by virtue of The Water Industry (Special Administration) Regulations 2024 (S.I. 2024/205), regs. 2(2), 65(2) (with reg. 64)

[^key-67994486c2f227a73c6ff9845208a4bd]: Sch. 2 heading substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(3)(a) (with reg. 33)

[^key-5ac10fc1af1d8ce1782d63c31267f2e5]: Sch. 2 Pt. 1 Table substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(3)(b) (with reg. 33)

[^key-3d71fee1bc26c63fc7fa3b026b604e27]: Sch. 2 Pt. 2 omitted (24.2.2025) by virtue of The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(3)(c) (with reg. 33)

[^key-5fa3712834d2753b63463e0c4165bc0c]: Reg. 6(3A) inserted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(2)(c) (with reg. 33)

[^key-1e1430650c878ec39c0189cce46c05d5]: Reg. 6(2) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(2)(a) (with reg. 33)

[^key-63ceed596aa56afb1186b59bd09e6e84]: Reg. 6(3)(b)(ii) omitted (24.2.2025) by virtue of The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(2)(b)(iv) (with reg. 33)

[^key-a358ecf3f1424d16fff5d1c2ee0cd4d5]: Words in reg. 6(3) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(2)(b)(i) (with reg. 33)

[^key-4dd9a1c6ca7102ed7fcb129dcee7fb66]: Reg. 6(3)(b)(ia) inserted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(2)(b)(iii) (with reg. 33)

[^key-b70c66bb65b270de55525267c7647f3f]: Words in reg. 6(8)(b) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(2)(e)(ii) (with reg. 33)

[^key-7521277da3ae6ba80c68d880df8f308a]: Words in reg. 6(8) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(2)(e)(i) (with reg. 33)

[^key-0709796b82ec5f5e4c01dc8cbca056c6]: Words in reg. 6(3)(b)(i) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(2)(b)(ii) (with reg. 33)

[^key-cd7d10f2a0f9432518b601b25a824c03]: Words in reg. 6(4) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17(2)(d) (with reg. 33)

Strategic priorities and objectives

1A

Section 2A (strategic priorities and objectives: England) applies without modification.

Appointment of relevant undertakers and transitional provisions with respect to replacement project licences

Licensing of infrastructure providers

Conditions of project licences

Modification of project licences

Enforcement

Special administration

Duties imposed on the Authority in relation to the protection of customers

Duties imposed on infrastructure providers in relation to the protection of consumers

General duties of relevant undertakers

Charges

Licensed infrastructure providers' works powers

Supplemental provisions with respect to licensed infrastructure providers' works powers

Functions in relation to information

Powers of direction conferred on the Secretary of State in relation to national security and civil emergencies

General provisions